How Do Latina Survivors of Interpersonal Violence Conceptualize Justice?

Background and Purpose: Few Latina survivors of interpersonal violence report their victimizations to law enforcement. Research has found that fear of being blamed, shame, embarrassment, and language barriers prevent Latina survivors from reporting. Undocumented Latina immigrant survivors are less likely than non-immigrants to seek help from formal supports, particularly when they distrust the police, and fear deportation and separation from their children. Although the barriers have been well-documented in the literature, it remains unclear a) whether Latina survivors desire traditional legal remedies such as incarceration and b) whether legal remedies provide survivors with a sense of justice. Drawing upon the Empowerment Process Model, this study examined how Latina survivors’ conceptualize justice, as well as what they need from the legal system.

Methods: Using a qualitative grounded theory framework, semi-structured interviews were conducted with 40 Latina survivors who were primarily first-generation Spanish-speaking from a large urban community. Three analysts engaged in initial coding followed by focused coding to identify patterns and relationships among the codes, which led to the thematic formation. Further, axial coding was conducted, which involves relating categories to subcategories to examine contingencies (Charmaz, 2014). Further, several procedures were undertaken to verify the credibility of the conclusions drawn.

Results: Of the forty participants, 34 had involvement in the legal system primarily because they or their informal supports called 911. In these cases, the survivors’ primary need was to obtain immediate safety rather than participate in the prosecution of their abuser. Nineteen filed petitions for personal protection orders to increase their safety. Only two survivors sought assistance from the police specifically to file a police report because they were concerned their abusers would harm their children.

When asked what justice means to them, most survivors did not conceptualize justice as incarceration of their abuser. Instead, they viewed justice as being afforded the legal power or protection to be safe from abuse. Additionally, they viewed justice as being treated fairly and believed by formal and informal supports. Some survivors also perceived justice as being able to heal emotionally as well as the abuser reforming. A few survivors characterized justice as improving the rights and perceptions of women. Finally, some survivors conceptualized justice as something that God should handle and believed that their role was to forgive rather than participate in the prosecution.    

Conclusions and Implications: Overall, Latina survivors’ conceptualization in this study did not align with the traditional view of criminal justice nor did the majority of survivors want their abuser to experience incarceration. Largely, survivors became involved in the legal system for safety. Many of the survivors’ conceptualizations of justice align with procedural, restorative, or social justice. Restorative justice may be one option to meet some of the needs of Latina survivors, but it would be essential to adapt a restorative justice program to meet the culturally specific needs of Latina survivors and their families. Implications for a culturally specific restorative justice program will be discussed.