Beyond Carceral Expansion: Survivors’ Experiences of Using Specialised Courts for Violence Against Women in Ecuador

Abstract

This article presents empirical findings addressing the gap between specialised criminal laws on violence against women (VAW) in Ecuador and women’s actual needs and expectations when approaching the country’s specialised penal courts. Given its comprehensive legal system, Ecuador scores highly in protecting women from violence in international rankings. However, based on quantitative data, qualitative case file analysis, and in-depth interviews with survivors, judges, case-workers and judicial employees, this study reveals that, in Ecuador, most lawsuits are dropped without ever reaching a resolution. Because most survivors pursue protection from ongoing violence rather than a conviction, and because advancing a lawsuit can be a source of various forms of stress and fear, survivors usually withdraw from the trial once they are granted a protection order. Nevertheless, this order is lost when complainants fail to appear in court. In addition, police intervention is inadequate and seldom contributes to the effective protection of women. The paper thus augments debates on ‘carceral feminism’, showing that VAW laws are not necessarily bolstering the carceral apparatus on the ground. However, law does mask the state’s disregard toward women’s lived experiences and their lack of access to services that could ensure their protection and safety.