Imagine a woman trapped in the cycle of domestic violence, torn between the fear of her abuser and the uncertainty of seeking justice. The mainstream feminist movement rallies to support her decision to report her abuser to the prison system. After all, to “put that man in jail” is the best-case scenario… right?

Is our current prison system the best solution for gender and sexual violence?

To answer that question, we must first understand what carceral feminism is. In 2007, sociologist, Elizabeth Berstein, coined the term “carceral feminism” to describe the strong reliance of feminist groups on social institutions such as prisons, police, and the criminal justice system to punish sexual and gender violence. The ideologies that make up carceral feminism are hugely present in mainstream feminism as well.

For instance, during the MeToo movement, there was a large focus on the perpetrators being imprisoned. In fact, people celebrated harsher sentences and were frustrated when the judge showed some leniency. Now this isn’t to say that women should just forgive and forget, because they deserve to voice their anger. This is to say that mainstream feminism has taken its anger and frustration and turned it into a desire to punish, which goes against all feminist values in the first place. More often than not, our current prisons, police and the criminal justice system exacerbate the issue we were seeking to resolve.

The problem with prisons

Many times, a woman might not even want to report the abuse.

For many low-income women and women of color, reporting their abuser can be more problematic than the abuse itself. First of all, the legal process is very expensive and inaccessible for a lot of people. Furthermore, the current criminal justice system has been known for disproportionately arresting more black men than any other race. For black women specifically, reporting their abuser could lead to increased policing in their neighborhoods, which is the last thing that they want.

According to the Tahirih Justice Center, immigrant women run the risk of being deported back to their home country if they were to report their abuser. They are faced with an impossible decision — report the violence and lose the potential opportunities this country has to offer or go back to their home country where opportunities are low. Having children only complicates this situation further. Not only do mothers have to think about their well-being, but that of their own child’s as well

Additionally, carceral feminism’s values in mainstream feminism create a binary that women should hate all men. This isn’t the case in most situations as it should be normalized for a woman to have a complicated relationship with the abuser, it’s not a completely black-and-white scenario. In many of these cases, the woman might be dependent on the man to help provide for the family, especially if there is a child involved. Reporting the abuse might lead to one whole source of income being cut off to support a mother and her child.

We must also address the problems within our criminal justice system. The fact that colored people are disproportionately arrested, judges and juries can make biased decisions, and the prison system seeks to arrest people for profit all go to show that they aren’t the best solution. In reality, the criminal justice system keeps socio-economic inequalities in place, which only exacerbates the issue of gender and sexual violence.

So what can we do about this?

The solution for gender and sexual violence is not to increase policing or encourage the current criminal justice system. It is imperative to find alternative solutions that not only helps woman but also address the inequalities that raise the abuser to act that way.

Restorative justice and transformative justice are two better alternatives.

Restorative justice engages community members instead of having a single judge decide for everyone. It aims to repair the harm and prevent it from happening again by providing a way for those affected by the crime to voice their needs. Transformative justice seeks to identify and prevent the conditions that made this harm possible rather than only addressing a specific situation. It also aims to address violence and oppression without creating more violence.

Both of these forms of justice align with feminist values because they focus on specific individual experiences to help the victim and the perpetrator heal. Because the perpetrator is not a monster born evil but a result of the current society and patriarchal norms.

This is not to say that women should move on from misogynistic acts and forgive violence.

This is to say that everyone is hurt by patriarchy. Putting men in prison makes the issue worse because the current justice system keeps socio-economic inequalities in place. Also, it is to say that it’s okay for women to have complicated relationships with men by wanting to be cared for and loved and also angry for the way men have treated and continue to treat us.

The fight for justice requires us to look beyond punitive measures and find solutions that truly heal our society. Only then, can we look to create a society where everyone, regardless of gender can thrive without violence or oppression.