From Victim to Defendant: Rethinking Survivor Policy

• In Event: Data, Policy, and Experience: Justice-Involved Women and Domestic Violence

Abstract

The arrest and incarceration rates of women have risen sharply in recent decades. Most justice-involved women are also survivors of violence, creating a policy paradox in which they appear in the justice system as both victims and defendants. This research analyzes existing data and literature to explore the factors driving the increase in women's justice system involvement and the unique, disproportionate challenges these women face, including primary caregiving responsibilities, economic instability, and behavioral health issues. Additionally, through policy review, this research evaluates survivor-centered policies that can better support women in both victim and defendant roles. Although research remains limited, evidence suggests that criminal justice policies failing to account for survivors’ experiences can undermine public safety, prevention, and rehabilitation efforts. Addressing these issues through targeted policies can reduce recidivism, disrupt cycles of harm, and contribute to safer communities.

Author

• Lisel Petis, R Street Institute