Misjustice: How British Law is Failing Women

by Helena Kennedy

Helena Kennedy forensically examines the pressing new evidence that women are still being discriminated against throughout the legal system, from the High Court (where only 21% of judges are women) to female prisons (where 84% of inmates are held for non-violent offences despite the refrain that prison should only be used for violent or serious crime). In between are the so-called ‘lifestyle’ choices of the Rotherham girls; the failings of the current rules on excluding victims’ sexual history from rape trials; battered wives being asked why they don’t ‘just leave’ their partners; the way statistics hide the double discrimination experienced by BAME and disabled women; the failure to prosecute cases of female genital mutilation… the list goes on. The law holds up a mirror to society and it is failing women.

The #MeToo campaign has been in part a reaction to those failures. So what comes next? How do we codify what we've learned? In this richly detailed and shocking book, one of our most eminent human rights thinkers and practitioners shows with force and fury that change for women must start at the heart of what makes society just.

Genres: Nonfiction, Law, Feminism, Politics, Audiobook, Gender, Sociology

344 pages, Paperback

First published December 1, 2019

Reviews

[Ted Richards · Rating 4 out of 5]

A fantastic insight into the legal barriers and stigmas affecting women in the UK today.

Having been recommended to read Eve Was Framed: Women and British Justice I came across this more recent update of Helena Kennedy's 1993 book. Here, she notes in the introduction noticeable improvements and solutions to problems which she raised then, and where work still needs to be done. The introduction itself is one of the best parts of the book and I would recommend it for anyone wanting a good overview of the treatment of women at the hands of the courts in the UK and for an excellent account of Kennedy's own views.

The whole book is excellent. Kennedy throughout frames women's issues in the theory and practice of law. She does not always go along with the popular, sound bite solutions to be found on social media, and explains why in an even and considerate tone. Her immense knowledge of the law shines through each problem she works through, both in how it might be altered or proposed in Parliament, and how it might actually work in day to day life. However, as one might imagine, a lot of content here is extremely mature. From child slaughter, slavery, severe mental health issues and sexual assault, this book deals with a variety of serious issues. At all times, Kennedy is extremely respectful and does not go into overly gory details. The topics are difficult and deserve the kind of rigorous examination Kennedy delivers here to great effect.

It is undoubtedly an essential book, and I am very glad to have read it and will no doubt look back on it for the comprehensive themes Kennedy deals with which will sadly continue to make headlines. At the end of each chapter Kennedy makes a clear judgement on solutions and remedies to the issues women face from UK legislation. If she is anywhere near as successful as in 1993, there is a lot of good work to be done. Her insights here are invaluable, her opinions are extremely well argued and agreeable. Some chapters do feel slightly 'jumpy' moving quickly from one issue to another and sometimes, in later chapters, it begins to read more like a series of case studies rather than informing the argument being made. Again however, this does make it an extremely valuable book for its collection of cases which have been presented in the UK concerning women, particularly concerning man-slaughter and human trafficking.

A brilliant, searing account of the issues facing women in the UK judiciary. I'd recommend the introduction and conclusion to anyone interested in UK politics, and for a pragmatic and mature discussion of women's issues at length, the entire book is very worthwhile.

[Maddie · Rating 4 out of 5]

Helena Kennedy's Misjustice is a brilliant and insightful look into prejudice facing women in UK's judiciary system. Kennedy uses a lot of different cases to give us a wide and diverse vision of how the system works, how it fails women, how it could do things better. Kennedy's opinions might not always be the most obvious or popular but they definitely should be discussed and spoken about.
A must read.

[Molly K · Rating 4 out of 5]

as someone entering the legal profession in a time where conversations surrounding the treatment of women and their lack of protection are more prevalent now than ever; ‘misjustice’ was a phenomenal read.

I expected it to cover how women were mistreated when they were victims, instead Kennedy dives every into aspect of how the legal system fails women - from the discrimination they face when representing their clients to their treatment in prison itself. it was an eye-opener, it was beautifully delivered and the list of cases were fascinating and educative.

[Alex · Rating 5 out of 5]

Pardon the pun but truly words don't do this book justice. I think this should be obligatory reading for anybody who has an interest in gender politics, the justice system and/ or social welfare. Helena Kennedy QC cuts through the legal jargon and uses visceral language to paint a solemn picture of inequity and hope. It's a delicate balancing act but because Kennedy is pro-active in suggesting solutions, the harrowing contemporary state of affairs feels less doom and gloom.

I suspect my copy will end up pretty weathered within a few months as I'm intending on lending it to literally anyone who'll listen.

[Mark · Rating 5 out of 5]

Eye-opening. UK Law, much like myriad other facets of society, has failed women on an incredible scale.
Some cases are like a punch to the stomach, others light a fire, change must happen.

[Louise · Rating 4 out of 5]

4 Stars

Surprised abortion rights (particularly in Northern Ireland) was barely touched on, but otherwise a pretty thorough break down of the way the law and those that enforce it routinely fail women in the UK.

[JUSTIN JOS · Rating 5 out of 5]

Helena Kennedy’s book, Misjustice, is a powerful feminist text that delves into the injustices women face within the British legal system. As an academic lawyer myself, I found the book compelling in how the author effectively highlights various legal provisions and their failings. Kennedy also powerfully imagines an alternative reality centred around empathy in the law, connecting it to women’s frustrations with the law’s implementation in their daily lives.

The book is intersectional and progressive, reflecting Kennedy’s nearly 40 years of legal practice. Her extensive experience and knowledge are evident in her writing, particularly in her critique of gendered court practices. She points out that despite law schools being predominantly women-heavy, women often do not stay in the profession for long. This is a societal issue that requires attention, as law is a powerful tool for change.

Kennedy also explores the personal stories of victims and the atrocities they endure, including intimate partner violence, discrimination within the legal system, and the infantilisation of women in legal process. By weaving a narrative from the history of law to its current state, she acknowledges progress while also being highly critical and engaging in various aspects.

It’s rare for a practitioner to write a book that also delves into theoretical concepts and finds its own theoretical basis while providing informative non-fiction. Kennedy’s remarkable ability to connect everyday issues faced by women to law, coupled with her humility in writing, makes this book a valuable and thought-provoking read.

[Marieke · Rating 4 out of 5]

This was an excellent read and anyone who enjoyed Invisible Women: Data Bias in a World Designed for Men or The Secret Barrister: Stories of the Law and How It's Broken should definitely pick up this one as it makes for the perfect bridge between the two. I would be very interested in an updated edition which can look back at the impacts of Brexit and Covid. I just wish I was able to pay more attention while listening, but audiobooks can still be tricky in that regard for me. I definitely grapsed the main tenets, which were enough to be angering.

[Katie · Rating 5 out of 5]

This book had me both nodding along and shaking my head in disappointment at the awful injustices women face. It is very accessible and gives clear examples of famous cases which helps you relate and understand it. This book touches on many important issues and notes how race plays into them. I found particularly interesting the section on 'wicked women', looking at how women who do not fit the innocent, caregiver stereotype are viewed by the jury/public. All of the issues addressed in the book are very important to be aware of. I feel better educated and inspired to make a change.

[Meghan Betts · Rating 5 out of 5]

A fantastic insight into a broad array of issues within the justice system, and the impact these have on women. Helena is clearly well read/experienced on the topic, and provided multiple examples and case studies to illustrate points. The writing style was very accessible to the reader, well laid out and researched. I particularly loved how Helena also touched upon other intersectional aspects such as race, class, and potential impacts on non-binary or trans people. Really educational and informative book!

[Samantha · Rating 4 out of 5]

"Patriarchy is a virus that lives deep in the body politic. We have to become more confident in naming it as one of the main blights on all our lives. For men and women both." PREACH. A heavy but really important book looking at the British justice system, misogyny and the horrific resulting consequences.

[mayvis · Rating 5 out of 5]

Sensational. As a lawyer it is an insightful and necessary read but as a woman this book puts real evidence behind the injustices we as women know so well to be true.

I believe everyone should read this book at least once and it should be on the reading list for all law schools going forward.

Please read!!

[Kimberley · Rating 5 out of 5]

It took me over six weeks to read this as I had to keep putting it down to stop the existential rage. But it is excellent; a searing account of all the ways the legal system fails women and thusly fails us all. And an undeniable takedown of neo-liberalism and illustration of how everything, ultimately, is political.

[Sabina Brown · Rating 4 out of 5]

A heavy read but so interesting and insightful

[Yuvika · Rating 5 out of 5]

beautiful insight into the hidden horrors and shortcomings of the law when it comes to protecting vulnerable women

[klara · Rating 4 out of 5]

The end felt sort of rambly and inconclusive

[OffBeatBooks · Rating 4 out of 5]

Rating: 4 stars

Category: Non-fiction

Format: Audiobook

Content Warnings: murder, violence, rape, domestic violence, physical/emotional/sexual abuse, coercive control, misogyny, transphobia, infant death, child abuse, trauma, reference to mental illness and self-harm. This may be a difficult read for some – use caution.

Synopsis:

Working as a high-level barrister at the very heart of the justice system, Helena Kennedy is well placed to examine whether this system is working for women. In her book, she draws on extensive experience working with women, both as victims and perpetrators of crime, and the challenges she has faced as one of the only QC female barristers.

Eve Was Shamed is a shocking revelation of how women remain discriminated against by the law. It is also a powerful call for change.

Review:

First Page Impressions

I was immediately impressed by Helena Kennedy’s passion and knowledge. The audiobook narrated by the author was fantastic at getting across this passion, so I would definitely recommend it.

The introduction about the barriers to entering law school was something I could relate to from my own experience trying to access the veterinary profession, which is very elitist.

Having entered the university through a diversity programme (I was one of the few state school students on the course), I can appreciate the importance of such programmes. They couldn’t keep me there, but at least they got me there in the first place!

Kennedy makes a valuable point about increasing diversity within the justice system as a way to address discrimination inflicted upon the people it is supposed to serve.

Final Page Reflections

Wow, this book really hammers home the realisation that work is still needed to achieve equality. It is impossible not to be angered by the outdated, almost interrogative enquiries that female crime victims are subjected to by judges. It sometimes seems as if they are the ones on trial!

There are shocking, emotive stories throughout, from women falsely accused of murdering their infants to those fined for wasting police time after desperately trying to report stalking (yes, really). I would have liked some more of these case studies, drawn from Kennedy’s own knowledge and experience as a barrister, to humanise the facts.

Eve Was Shamed outlines solutions as well as problems, including improved diversity and training within the entire justice system. This creates a note of hope that means the book doesn’t feel too pessimistic.

Diversity and Representation

Kennedy’s intersectional feminist approach is refreshing. She considers how misogyny, race, class and trans issues all act together to affect women’s experiences in the courts.

Themes

Justice
Discrimination
Law
Crime and punishment
Gender
Feminism
Race
Class
Diversity
Social mobility

Beyond the Book

If knowledge is power, then Eve Was Shamed is certainly empowering. It reminds us that awareness of discrimination is the first step in addressing it and that this awareness can be applied to any area of life.

Continued Contemplation

Kennedy discusses the need for increased diversity in professions such as law. Do you think these professions should have quotas to ensure they meet diversity aims?

This book explores the ethical dilemmas faced by female barristers when representing criminals who have committed violence against women. Should barristers have more freedom to choose their cases, or would this threaten the right to legal representation?

Eve Was Shamed focusses on the British justice system. If you live elsewhere, how did the issues raised compare? Were there similarities or differences?

Favourite quote:

“we have equal legal rights to spend real time with our families, where there really is equal pay, where the pressures of the long-hours culture are removed, where pay in the caring professions was made so rewarding that it did not invariably fall to women to look after the elderly, the disabled or children in nurseries, nor that teaching in primary schools was a female role.”

Read if: You are interested in reading a feminist challenge to an unjust justice system.

If you found this review helpful, there are many more on my blog!
https://miscellanypages.wordpress.com

~ Exploring Difference ~ Opening My Mind ~ Striving for a Better World Through Books ~

[Alice Harrison · Rating 5 out of 5]

Fantastic run down of how the law is failing women in a detailed and factual yet powerful and empathetic way. Some of the early chapters repeated and updated lots of Kennedy’s earlier book, ‘Eve was Framed’, but the later chapters covered a much more comprehensive range of topics, including an excellent chapter on intersectionality. Would highly recommend, especially as an accessible way to introduce sceptical friends/relatives to the issues.

[Lara A · Rating 3 out of 5]

This has been sitting on my TBR pile for a while, but since I'm reading about the criminal justice system a lot at the moment, it seemed time to finally read it.

I read Eve Was Framed in 2012 and it was revelatory, yet reading this was rather less so. Firstly, there is a significant amount in here which is a rehashing of Eve Was Framed, particularly the extended opening chapter on the status of women within the legal profession.

The structure of this book is an issue, with chapters being overly long and occasionally rambling. Long discussions about Myra Hindley and Rose West do not seem to reach any particularly insightful conclusions which the reader may not already hold.

More disappointing is what the book does not mention. When talking about the deaths of women in custody, the work of Deborah Coles and INQUEST is inexplicably absent. Likewise, Kennedy praises the work of female judges, but ignores Justice Thirlwall's highly publicised sentencing remarks in the Philpott case which brought the issue of coercive control into the public realm.

A decent read, but not a hugely satisfying one.

[Deborah Siddoway · Rating 4 out of 5]

Utterly fascinating read. My one difficulty, again, is how the trans ideology component of the book is dealt with. Given that we are talking about systemic failures in the justice system as to how they pertain to women, it is vital that we understand what the term woman means and why it is sex-based. Trans women have their own inherent difficulties within the justice system, but conflating those issues with those faced by biological women only serves to muddy the waters. This book gave me a lot to think about, particularly with regard to the question of how prostituted women are dealt with by the justice system, and by the lack of support in general made available to female victims of crime. The appallingly low conviction rate for sexual assault is also a matter that needs urgent attention. Women everywhere need to sit up and take note of how little the justice system works form them, especially in the current context of election time when we have the opportunity to hold our politicians to account for these failures.

[Ellie Bye · Rating 4 out of 5]

I spent a lot of time reading this book. Honestly, I could only read a little at a time. So much of it is so shocking I just felt like I had to keep taking a break. Such an important read...really clearly exposes how flawed society still is. A lot of the ideas I really read and just thought 'Wow this really puts it better than I could ever put it'. I don't think I'll ever be able to give a non-fiction book anything above 4*, but genuinely a must-read for EVERYONE.

[Mu-Na · Rating 4 out of 5]

This is the book to read for those who want to learn more about gender inequality, especially in the legal system. It is an easy read in terms of the language. However, it can be a difficult read when the author describes crimes in details. This is not to say that it is a negative thing but readers should be prepared, especially those who are sensitive to domestic abuses.

[Cath Smith · Rating 5 out of 5]

Highly recommended. A good variety of issues covered (domestic violence, immigration, implications of poverty, to name but a few), delivered in a clear informative prose, tempered from time to time with a dry wit. As you'd expect from a legal professional, her arguments were backed up with plenty of strong evidence, some of which made for upsetting reading.

[Lex · Rating 5 out of 5]

This book should be mandatory reading. For everybody, no exceptions.

Helena Kennedy QC outlines how the British legal system lets down women, diminishes their testimonies, and how women are treated in the justice system. Can't recommend this book highly enough.

[Rachael Mills · Rating 5 out of 5]

At this point, I completely worship Helena Kennedy! This is such an interesting exploration of how the British justice system treats women. I read Eve Was Framed last year and this updated version shows how hard we still need to work for equality.

[Steph Harding · Rating 4 out of 5]

I can't imagine how long it must have taken to write this book, it's spilling with court cases, stats, and vast examples of evidence - many of which were incredibly difficult to hear. Every chapter focused on a different context regarding law discipline, individual context, culture, age, etc. I don't really know how it could've been more comprehensive than it was.

With that said, what fascinated me most (as it always does) was the inevitable discussion of masculinity and patriarchy alongside gender injustice. Helena Kennedy does really well in outlining women's issues without enabling a 'man hating' conversation towards those who have not committed any wrongs, and as the book is about law this is appropriate. But I would be intrigued to hear more about what she touched on as a communal struggle for men to understand women's issues.

In her conclusion, Kennedy states that understanding female anger is hard for men when most men also face their own inequalities - many of which they share with the women in their lives.
She then goes on to say that she has "little doubt that women's progress in education and work, and their greater claim on power, is a factor in the increase of sexual violence on our streets, campuses, and on social media, in clubs, and the workplace. It is a means of informal social control."

I found this super interesting because, in my experience of a lot of young, left wing men today, there does seem to be a lack of effort or ability to empathise with women when their issues don't also intersect with something that is relatable or tangible to men - like classism or racism.
This isn't to suggest any hierarchy of 'isms', it's a positive thing to recognise intersections of inequality and all sectors have connections in one way or another, but it is nonetheless concerning that the rapid progression of women's rights over the last 50 years seems have resulted in a generation of men who can't connect with the concept of gender injustice in isolation, of men who are open minded and good, honest people, who still subconsciously perpetrate dismissive remarks, attitudes, and thoughts towards the expression, emotions, and/or perspectives of individual women.

Id love to read a study on that in itself really.

[Jennifer ✨ · Rating 4 out of 5]

A really important book. Viscerally highlights all the key areas in which women are disadvantaged and discriminated against by the law which is adjudicated by the mostly “male and pale” judiciary.

Helena Kennedy really reinforced for me why I studied law and why an impetus for change is necessary in the criminal justice system to create greater equality. Reading this book felt almost like coming full circle as “Eve was Framed” was a book which initially inspired me to pursue a law degree, and I read this book (which is in many ways a follow-up), after completing my degree.

Some of my favourite quotes and points made:

1. “The law mirrors society with all its imperfections and it therefore reflects the subordination and lesser status of women, even today. But holding up a mirror can never be it’s sole function. The law affects as well as reflects, and all of those involved in the administration of justice have a special obligation to reject society’s irrational prejudices.”

2. “Myths are tent pegs which secure the status quo. In the law, mythology operates as powerfully as legal precedent in inhibiting change. Mythology is a triumph of belief over reality depending for its survival not on evidence but on constant reiteration”

3. “Context is everything. But this is still a lesson to be learned here and until it is, equality at the hands of the law and before the law will not be secured”.

4. “Before teaching the position where racism is ousted there has to be recognition that people do not start equal - that the old British playing field is not level. The baggage which comes with the defendant or complainant to the courtroom must be thrown into the scales”.

5. “Women are expected to adjust their behaviours to deal with potential transgression. Not men. They are called upon...not to drink too much, not to go out late, to avoid certain places, to dress appropriately,and this is part of what women are taught from girlhood. Patriarchy persists because power does not readily concede its clout”.

[Anastasia · Rating 5 out of 5]

“Justice for women does not have to be secured by denying it to men.”

A raw and insightful read, looking at the failures of the legal system towards women from multiple angles, from a lack of representation in the judiciary, to the different stereotypes women face in the courtroom and outside of it, and even managing to integrate elements of race and immigration law in the analysis. I found the author’s writing extremely accessible and thought-provoking, mixing an element of storytelling with facts, statistics and personal opinion on reform; and with this opinion, I enjoyed the fact that the author expressed a balanced view, expressing an understanding for having a system that is fair for both men and women and is not skewed in any particular direction. In the wake of the political world and the growth of the 4b movement, this book has made me really angry – angry at the way women are often mistreated and labelled, angry at how a lot of this mistreatment is unknown, angry that the labelling begins once the mistreatment is uncovered, and angry about how unattainable equality seems. However, I think what makes me the angriest is there are people (primarily men) who think that the system is actually built for women, struggling to understand that the system is actually against them, and failing to understand that sexual crimes such as rape are essentially decriminalised, that women face extreme amounts of backlash for bravely speaking up about their experiences, and that the amount of men who rape/assault heavily outweigh the amount of women who lie about their experiences, but the figures do not show this. This book opened my eyes to the urgent need of reform of our statutory framework regarding sexual relations, as well as the justice system and introduce policies alongside law reform to facilitate women’s existence in this world. All this to say: we need reform and we need it now.

[Rachele Deans · Rating 5 out of 5]

Every single page of this book made sense to me. It was fantastic in its sad truthfulness. Maybe as a woman I'm more likely to find this topic of interest but I would like to think men could read this too and clearly see that, as the title suggests, the law is failing women to a higher standard.

TW - domestic violence, sexual assault, FGM.

The book is so well put together in clear, distinct chapters exploring the different themes that lead to the law failing women. Starting with "Eve Was Framed" following through the roles women are expected to play nice and quietly within society - "The Good Wife and Mother" and then exploring any time a woman may be outside of that definition, criminally or not.

Domestic abuse and the many women who are eventually killed by an abusive partner because the police, CPS and the law don't take reports seriously enough. Women who are deemed promiscuous resulting in rape and sexual assault not being investigated because prior to being violated a woman may have enjoyed casual sex. Women who kill or are party to murders being treated differently as the very idea of what women are supposed to be - nurturing, maternal, comforting - is destroyed by a violent crime.

I think Helena Kennedy perfectly and without bias explores the reasons as to why there is injustice with the way in which women are treated by the law and its enforcers.

I would recommend this to anyone and everyone. It's so important and so interesting. I'd read this again any day.

[Chloe · Rating 4 out of 5]

The book is everything you can expect from the title. The author goes into excellent detail about many aspects of the law regarding the women such as motherhood, women in marriage/relationships, sexual exploitation, trafficking, FGM, abuse, sex work and many others - as well as the position of women in the legal position. The noticeable absence abortion and reproductive rights, which is somewhat less of an issue in England and Scotland but certainly deserves attention in the Norther Irish contexts.
In each chapter, Kennedy includes lesser- and well-known case studies - some of which she was personally involved in - to illustrate in the abstract and particular how women are treated different by the judiciary. I think she did an amazing job of exploring the full spectrum of the female stereotype and how this can “help” and hinder women coming before the law. She also addressed intersectionality which was refreshing, talking about the further challenges to POC women as well as queer and trans individuals.
For most feminist/social justice nonfiction, I’m looking for new angles, explorations and insights, rather than just the rehashing of the most basic details - and this book most definitely did. Even in the places where things seems obvious once she had pointed them out, they were well considered and articulated, with some lines making me wish i had a copy to annotate.
Overall an excellent read and amazing audiobook - Kennedy’s voice was incredibly enjoyable to listen to!