Rosie Batty’s hope for new justice system approaches to domestic and family violence

By Melissa Coade

April 4, 2024

Rosie Batty
2015 Australian of the Year Rosie Batty. (AAP Image/Mick Tsikas)

Anti-violence and gender equality advocate Rosie Batty has spoken of her optimism for achieving the culture and systemic change needed to end family and domestic violence (DFV) in a generation.

The 2015 Australian of the Year used a National Press Club address to call for the nation to consider the “cold hard truth” that men perpetrate most violence against women and children.

“More than 94% of perpetrators are men,” Batty said.

“We must hold these perpetrators to account — yes — but we must also instil in our boys something better than this narrow and damaging definition we use to describe ‘real men’.

“This definition tells our sons that they must keep their fears to themselves, or be an outsider in our culture.

“We must teach them instead that being stoic, tough and in control means nothing without also being compassionate, thoughtful and kind.”

Any solution to achieving the elimination of DFV in Australia required placing gender equality at the heart of society, Batty said, noting that she was steadfast in her hope that cultural transformation was possible.

Luke Batty’s mother shared her reflections on a decade of advocacy and campaigning, 10 years after her 11-year-old son was killed by his father, in public, in 2014.

“Most of you in the room today are here because you understand the urgency of the situation. Because you believe in the possibility of a future where every person, regardless of gender, age, or background, can live free from the threat of family violence,” Batty told the Canberra audience.

“Sometimes I think people forget why they know me, why I’m standing behind a microphone or why I became Australian of the Year.

I haven’t forgotten though, and truth be told, the decade that has gone by weighs heavily on me in many ways.

“Not a day goes by when I don’t think of Luke. No awards, no applause and no accolades will ever bring him back to me,” she said.

On the day Batty’s child was murdered, she said it was the start of changing the story about DFV in Australia.

“That day, I stood before the media, shattered by grief but determined to speak out against family violence,” Batty said.

“My story did not fit neatly into the mould of what society expects of a victim-survivor. But that’s the thing about family violence — it doesn’t discriminate.

“I stand by what I said a decade ago — no matter how nice your house is or how intelligent you are, family violence can happen to anyone.”

In the time since, Batty said, she has been able to take some comfort knowing she honours Luke’s memory in everything she does.

But many awareness-raising campaigns about DFV, speeches, marching, tears, and shouting from the rooftops, a royal commission and millions of dollars of preventative funding have not adequately curbed the rate at which women and children across Australia are being killed.

“One woman a week is murdered by her current or former partner,” Batty said.

“Last year, 64 women were killed in instances of violence in Australia. Sixty-four women with hopes, ambitions and a place in this world. Sixty-four families devastated. Sixty-four deaths that we as a society could have prevented.

“Regardless of these staggering statistics, many still cling to the misguided belief that violence is an issue that happens elsewhere, to other people. But violence is happening in every community, every suburb, and it’s happening to people you know.”

Responding to a question from The Mandarin about what observations she had for the justice system, which, in the jurisdiction of the Federal Circuit and Family Court of Australia overwhelmingly involves allegations of FDV, Batty said she was hopeful.

“They now have their own evidence base, and I think that will be really informing their work as well, and holding themselves to account,” Batty said.

“I think there is great opportunity. We need to continue to drive that change by sharing stories of the experiences that have worked against us, that have put children at risk, that have continued to place them in harm’s way because a decision has been made for the perpetrator to have continued access to their children.”

Batty said that after “periods of great resistance and inactivity”, she believed there was now political leadership that recognised the important role of the court in ending violence against women and children.

But Batty said the most heartbreaking thing to witness was how the justice system continued to damage children — by failing to listen to them and by not believing them.

“There is a long way to go in changing that [Federal Circuit and Family Court] system, it will take time,” Batty said.

“My understanding is that the majority of those who end up in that system are those who are experiencing family violence — that realisation places great responsibility on how [the justice system] responds and handles people coming through,” she said.

Will Alstergren, Chief Justice of the Federal Circuit and Family Court of Australia, joined a delegation of administrators and service providers from his organisation to hear Batty’s speech.

Batty said she was concerned about the higher likelihood children who witness DFV trauma would go on to either become victims or perpetrators in later life and the ways the justice system allowed these cycles of harm to perpetuate.

For children who experienced DFV trauma, Batty said there were long-lasting consequences for mental health, psychosocial well-being, and learning outcomes.

A recent national study has shown that more than 39% of Australian children have been exposed to DFV. One-third have been exposed to DFV trauma more than 50 times in their childhood.

The removal of children from dangerous family contexts into even more vulnerable situations needed to also be addressed, she added, because the risk of more abuse and violation was real.

“Whether it’s the family law court or child protection, we have so much work to do to understand that to stop [and change the incidence of] violence, we have to really understand the trans-generational effects that violence permeates through children’s lives,” Batty said.

“Even if they’re not directly impacted, what they see [and] what they observe is life-changing for them, forever.”

Batty’s memoir, ‘Hope’, about life after tragedy was released this week.


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