Vulnerability Effects in the Criminal Justice System on Women Who Suffer Physical Abuse in their Couple Relationships (Spain)

Abstract

This article aims to explore the psychosocial practices in one of the sites that respond to vulnerable women who suffer abuse in their couple relationships: the criminal justice system. A discursive theoretical–methodological perspective is used (Foucault 1969; Ibáñez and Iñiguez 1997; Wetherell and Potter 1993), based on the discourse analysis and their positions that can be found in the practices of professionals in the criminal justice system (judges, prosecutors, lawyers, police), as well as in some of the narratives of vulnerable women. These accounts have been gathered through participant observations in courtrooms and police stations where complaints are filed, and through in-depth interviews. The results show the influence and the effects of: (a) an ‘empiricist position’ characterised by objectivity and emotional distance, and (b) a ‘professional position’ characterised by the predominance of professional roles and pragmatic experiences over reflexive practice. Nevertheless, emerging resistant practices include elements that could be placed in a ‘feminist position’ and provide new insights for the treatment of vulnerable women.