Lawrie, Rowena --- "Speak Out Speak Strong - Researching the Needs of Aboriginal Women in Custody - Digest" [2003] AUIndigLawRpr 29; (2003) 8(2) Australian Indigenous Law Reporter 81

• Speak Out Speak Strong-Researching The Needs Of Aboriginal Women In Custody
• Executive Summary
• Conclusion

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Inquiries and Reports - Australia

Speak Out Speak Strong - Researching the Needs of Aboriginal Women in Custody

Rowena Lawrie

Aboriginal Justice Advisory Council

Executive Summary

The Speak Out Speak Strong Project is the result of concerns of the Aboriginal Justice Advisory Council that little qualitative information exists about Aboriginal women’s imprisonment and the increasing rate at which Aboriginal women are imprisoned in NSW. Aboriginal women constitute approximately 31% of all women prisoners in NSW an increase of 14% since 1995.

The project consisted of 2 stages. The first stage involved a comprehensive survey of 50 Aboriginal women in prison in NSW, 48% of the Aboriginal women in prison during the study period. Stage 2 of the study involved follow up narrative interviews with a small sample of the women involved in stage 1. The overall objectives of the study were to identify the causes for imprisonment of Aboriginal women, the experiences of Aboriginal women in the criminal justice system and to identify their needs once incarcerated.

The study found that Aboriginal women in prison are predominantly young, with an average age of 25, that they largely have low levels of educational attainment and high levels of unemployment. The study found that most of the women in prison are single mothers with between 2 and 4 children and that they are also responsible for the care of children other than their own biological children, and that many were also responsible for the care of older family members such as parents, uncles or aunts.

Most of the women surveyed had long histories of involvement with the criminal justice system. 60% of the women surveyed had been convicted of a criminal offence while still juveniles and at least 36% of them received their first conviction between 11 and 12 years of age. 98% of the women surveyed had prior convictions as adults and at least 26% had between 15 and 30 previous convictions and 75% had been sentenced to full time prison before.

Significantly 68% of the Aboriginal women surveyed stated that they were on drugs at the time of their last offence. 14% stated they were under the influence of alcohol and 4% said they were under the influence of both drugs and alcohol at the time of their last offence. Only 18% said that they were neither drug nor alcohol affected at the time of their offending however one third of them said they were heroin users. The study found that there was a strong linkage between the drug use and offending behaviour of the Aboriginal women who were surveyed.

The study also found that Aboriginal women in prison had long and serious histories of abuse. 70% of the women surveyed said that they had been sexually assaulted as children and most had also suffered other types of childhood abuse. 78% of the women stated that they had been victims of violence as adults and 44% of the said they had been sexually assaulted as adults.

98% of the women who were sexually assaulted as children stated that they have a drug problem, most equated their drug problem to their experiences of past violence and their inability to get help with it. One of the most significant and important findings of this study is the clear link between child sexual assault, drug addiction and the patterns of offending behaviour that led the women who participated in this study to be imprisoned.

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Conclusion

The number of Aboriginal women in prison is extremely high, with Aboriginal women constituting approximately 31% of all female prisoners. Even more concerning than the current over representation is that this rate is increasing. The proportion of Aboriginal women in prison has increase 14% since 1995.

This report involved surveying 48% of Aboriginal women who were in prison during the week that the research team visited the correctional centres. It provides the most comprehensive examination of the needs of Aboriginal women in prison undertaken in NSW. There are a number of significant findings and outcomes from this research project that will require further action and development. This report highlights a number of significant issues for Aboriginal women in prison, not least of which the connections between violence and sexual assault and drug use.

The profile of Aboriginal women in prison is that they are predominantly young; with 68% between 18 and 30 years and 36% between 18 and 24. The majority are single, 54% and have children 86%.

Outside of prison Aboriginal women perform significant roles in their communities and families as carers. Most of the women had children with approximately one third of the women having between 2 and 4 children and almost half of them were single mothers. Almost one third of the women in prison (29%) cared for children other than their own biological children. Also almost one third (29%) said they were normally responsible for the care of other people principally their mothers, fathers and other family members.

It is clear that at least one third of the Aboriginal women in prison are directly and primarily responsible for the care of at least 2 other people when they are not in prison, at least one in ten of those women are responsible for the care of at least 5 other people.

These women play a vital and significant role in their own family and community life, while imprisonment provides a punishment for these offenders, it is clear that it is also placing significant hardship on the Aboriginal families and communities that these women come from. The people normally cared for by the women that were surveyed are either without care during their imprisonment or the responsibility falls onto other members of the extended family or community. Fundamentally the imprisonment of Aboriginal women has a significant impact on broader Aboriginal community causing further strain on limited resources and providing further stresses for Aboriginal families. Potentially the removal of a primary carer can place children and others in situations of greater risk and likelihood of offending without the support of a primary carer.

Aboriginal women in prison are characterised by low levels of school education with at least one in ten going no further than primary school and 70% leaving school before completing year 10. Significantly most women had attempted some type of post school education with at least half of those attempting educational courses, completing them.

While a formal school based education may be lacking in many of the Aboriginal women in prison, it is clear that they are interested and active in furthering their education in some way. The survey results indicate 2 things. Firstly it supports research that indicates that a lack of formal school education increases the likelihood of an involvement in the criminal justice system.^[1] The provision of appropriate and effective educational options for Aboriginal people may reduce their likelihood of becoming involved in the justice system.

Secondly the survey results show clear potential for Aboriginal women to engage in formal education within the prison system and an avenue to attempt to remove people from the cycle of offending and prison that they appear to be in.

The responses to questions about employment and income underpin the previous responses to education that is without education the prospects for employment are limited. The overwhelming majority of the Aboriginal women surveyed stated that they were unemployed at the time of their last offence. Those who were employed were in low wage menial employment such as bar work, waitressing or rural seasonal labour. Of further concern is the number who appears not to have been in receipt of a formal income of any kind. Almost half, 42%, stated that they did not receive a formal income including any social or welfare payments. This indicates a significant level of poverty among the women surveyed and that a large number are falling through cracks in the current welfare system.

Also of significant concern was the one quarter of women who stated that their income came solely through the proceeds of crime. It is evident that these women are becoming increasingly entrenched in a cycle of drug dependency, crime and imprisonment. As stated there is a strong link between poor educational attainment and limited employment opportunities. If efforts are to be made to break offending cycles then clearly there is a need for employment and vocational programs targeted specifically for Aboriginal women in prison, or more broadly for Aboriginal women in general. As such a significant number of women stated that they have no regular income or only receive regular income through crime, if the number of Aboriginal women in prison is to be reduced then options must be developed which provide for a regular paid income for Aboriginal women that can substitute for income earned through crime.

The survey results show that more than a quarter of the women stated that they had significant numbers of prior convictions and the bulk of Aboriginal women have been in prison before. Most of the women had lengthy histories of ongoing contact with the criminal justice system from a very early age.

The most significant findings of this study are the level of serious drug addiction among women in prison and the causal role that addiction has played in their current imprisonment. Fundamentally significant is the levels of abuse that has been suffered by the women and the clear link those women have drawn between that abuse and their drug use, their drug use and their current imprisonment.

It is clear that if there is to be intervention to reduce Aboriginal women in prison, that intervention must tackle drug, and in particular heroin addiction and that it must address the sexual and physical abuse experienced by those women. It is clear from this study that unless the abuse experienced by Aboriginal women is effectively addressed they will continue with their drug use and continue to offend.

In the longer term unless strategies are developed to address the abuse suffered by young Aboriginal girls the potential for future generations to continue to experience high levels of offending and imprisonment is great. There is strong potential for services to be offered to Aboriginal female juvenile offenders to assist them to deal with the effects of physical and sexual assault. As this study has clearly identified sexual and physical violence as being a key factor underlying the drug use and thereby the offending of many Aboriginal women it must be addressed early to halt the potential cycle of drug use and offending that has characterised the lives of many of the Aboriginal who participated in this study.

While a number of initiatives have been recently developed to assist in reducing the number of drug related offenders coming into prison, such as the Drug Court, and the Magistrate Early Referral Into Treatment Program, there is a need for these programs to be adapted to deal with the underlying causes of drug use and specifically to offer particular services for drug users who may be victims of physical or sexual assault. There also needs to be an increase in the availability of Aboriginal specific sexual assault counselling and treatment services for Aboriginal women and specifically to Aboriginal women in prison.

Further the study highlights the lack of specific Aboriginal drug treatment programs available to women outside of prison. A number of the women stated that they wanted to enter treatment before committing their last offence but were unable to do so for a range of reasons. Most of the women found it difficult to access any drug programs prior to prison and none accessed any Aboriginal specific programs. The majority of Aboriginal women who participated in this study strongly stated that they want to be free of drugs but that they also require help to achieve this, help which many of them are currently unable to find outside of prison.

The women who participated in this study clearly stated that they would be responsive to community based justice mechanisms. Many said that their own elders should be involved in their sentencing, and that having their own people involved would make sentences have a greater impact on them and be more relevant to their circumstances. A number of options are currently being trialled in various locations around Australia, such as circle sentencing, Aboriginal courts, Community Justice Groups that provide for direct community involvement in court processes, specifically in sentencing. Most of these initiatives are reporting at least initial success. While many of these options focus on different types of offences and offenders there is an option to provide a package of community based justice initiatives that might combine a range of the current programs and give courts a number of ways to involve local Aboriginal people in sentencing and justice administration generally.

The speak out speak strong project provides to first comprehensive examination of the background and current needs of Aboriginal women in prison. We know that many of the women in prison have long and extensive contacts with the criminal justice system, poor educational backgrounds and many have serious experience of being victims of violence and sexual assault, that has cause many to become involved in heavy drug use. All these factors have led to much of their offending.

If the over representation of Aboriginal women in prison is to be reduced then these fundamental underlying causes of their offending must be dealt with. More broadly strategies developed to stop this occurring to future generations of Aboriginal women. The women themselves largely stated that they wanted help both with their abuse and with their drug addictions, most have clearly demonstrated a willingness to further their education and become involved in employment when released, but currently do not see clear options for themselves. Indeed many are unsure of what waits for them outside the prison walls.

Most of the women in prison are mothers, and most provide care for other family members making the possible impact on the broader Aboriginal community of the imprisonment of these women great. There is clear potential to create further disadvantage to their families and particularly their children as a result of their imprisonment. The shear number of Aboriginal women in prison in NSW and the rate at which that number is increasing makes this is an urgent issue requiring serious and immediate attention.

The full text of the Report is available online via the Aboriginal Justice Advisory Committee website at

<http://www.lawlink.nsw.gov.au/ajac.nsf/pages/reports> .

See also Rowena Lawrie, ‘Speak Out Speak Strong: Rising Imprisonment Rates of Aboriginal Women’ [2003] IndigLawB 24; (2003) 5(24) Indigenous Law Bulletin 5.

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^[1] Boyd Hunter, Factors Underlying Indigenous Arrest Rates, NSW Bureau of Crime Statistics & Research 2002, available online at <http://www.lawlink.nsw.gov.au/bocsar1.nsf/pages/r52textlink> .