SHero Legal Aid Fund for Survivors of Gender-Based Violence

Problems and Challenges

Gender-based violence, particularly domestic violence and intimate partner violence, stems from gender norms that lead to oppressive power dynamics. This violence is not just interpersonal but is also systemic, influenced by societal and cultural values that perpetuate gender bias, inequality, and discrimination. Gender-based violence is complex and often subtle. If law enforcement lacks proper knowledge and understanding, they may not grasp the psychological impact on survivors, leading to inadequate protection, repeated victimization, and potentially life-threatening risks.

Social biases and stigmatization contribute to an unwelcoming justice system, thus hindering survivors' access to legal processes. Therefore, providing support and counseling services to survivors, as well as educating officials who are knowledgeable and understanding, is crucial in empowering survivors to leave violent situations and engage with the justice system.

According to the 2021 report by the Department of Women's Affairs and Family Institutions under Section 17 of the Domestic Violence Victims Protection Act, 16,672 individuals sought assistance at the centers, averaging 46 per day. Among these, the majority were female survivors, totaling 15,056, followed by 1,605 males, and 11 from gender-diverse communities. In 2022-2023, the trend of increasing survivor numbers continues, as evidenced by domestic violence statistics over the past seven years (2016-2022), along with reports from the Department's Operations Center from October 2022 to September 2023, totaling 2,312 survivors.

However, this data only represents the tip of the iceberg and fails to capture the full scope of the problem, as many survivors of gender-based violence remain unrecorded in government systems due to societal factors and the justice system's unfriendly nature. Additionally, the integration of governmental databases is not clearly established. It is evident that while the support centers have assisted tens of thousands, only a few hundred enter the judicial process. For instance, in 2021, there were 85 domestic violence cases, comprising 84 complaints and 1 non-complaint, with 5 orders issued for relief measures and one instance of a case being settled.

At the investigation stage, the Attorney General's Office reported 282 cases under the Domestic Violence Victims Protection Act processed at the prosecutor level, with 3 cases not prosecuted, 10 settled (compromise), and 6 applying measures under Section 10. The Judiciary Office saw 168 direct court filings in 2021, with only 22 orders for relief measures under Section 10, paragraph two, according to nationwide statistics.

Driving the End of Gender-Based Violence with Survivors at the Center

SHero, initiated in 2016 by a survivor of intimate partner violence, was born out of the numerous obstacles encountered in seeking help from the state and navigating the justice system. This initiative started in the border area of Mae Sot District, Tak Province, a region where many women, children, and marginalized communities lack access to assistance. By working to provide legal aid in these underserved areas alongside multidisciplinary networks and community development organizations, SHero gained a clear understanding of the justice system's deficiencies. This insight has driven the development and dissemination of knowledge, raising awareness, and fostering policy changes, all centered around a survivor-focused approach.

Over the past 7 years, SHero has expanded its working area significantly. There has been development in providing consultations and knowledge online to assist survivors of gender-based violence, especially in cases of intimate partner violence and family violence. Later, with the training of pro bono lawyers and case managers specialized in gender-based violence, volunteers have collaborated by dedicating their time outside of work hours to provide advice to survivors through online channels (Line Official Account @sherothailand) and on-site supports in challenging cases. They also join in planning for safety and legal proceedings to protect the welfare and rights of survivors in accessing the justice system.

However, the limitations of relying solely on volunteer efforts have led to a temporary pause in taking on new cases until additional resources and permanent staff can be secured. Currently, SHero is managing a number of ongoing cases, making the intake of new cases unfeasible. SHero serves both Thai and foreign survivors, many of whom have been psychologically impacted by their experiences and the justice system itself. Meanwhile, the demand for SHero's services continues to rise, with requests coming from survivors directly, corporations, the private sector, and international organizations. Yet, SHero operates without a primary budget or regular staff, relying entirely on volunteers. This situation underscores the importance of generating more resources to strengthen our system and continue supporting survivors of gender-based violence.

Today, SHero stands as one of the few networks in Thailand comprising multidisciplinary professionals in gender-based violence. The team includes lawyers, social workers, psychologists, and multilingual, trained case managers, all experienced in supporting trauma survivors. Our goal is to utilize the insights gained from our work to advocate for sustainable policy changes, ensuring that policies and the justice process prioritize the welfare and safety of survivors, in line with a survivor-centered approach.

Through the current fundraising efforts, SHero's Gender Justice Network will not only enhance legal support for survivors but also develop databases and knowledge bases aimed at driving scholarly and policy changes to bridge the gaps in the justice system.

With this support, SHero will: 

1. Establishing a Dedicated Team for Ongoing and Systematic Support

   1.1 Implementing a case coordinator role, focusing on individuals trained in gender-based violence with a survivor-centric approach. These coordinators, stationed on online channels, provide initial counseling to survivors, demonstrate psychosocial skills in empathetically listening to survivors, offer basic mental health care, and coordinate with a team of volunteer lawyers for risk assessment. They also assist in safety planning and creating a support network for survivors in various areas, including collaborative action planning with lawyers and engaging with multidisciplinary teams.

   1.2 Creating a roster of pro bono lawyers within the organization who are trained and capable of advising and assisting survivors in ongoing legal proceedings. This involves ensuring survivors' welfare protection and remedies according to their legal rights, from the onset to the conclusion of the justice process. Additionally, periodic follow-ups with survivors post-justice process engagement are conducted to ensure efficient and effective support.

2. Collaborating with Relevant Organizations and Agencies for Each Survivor

   2.1 Assessing situations and planning operations with a survivor-centered approach for each survivor, coordinating various support systems, and organizing multidisciplinary meetings.

   2.2 Liaising with relevant organizations and agencies for support services, such as the One-Stop Crisis Center (OSCC), the Department of Women's Affairs and Family Institutions' Operations Center, Children's and Family Homes, Police Hospitals, etc.

  2.3 Coordinating with relevant entities for navigating the justice process, including the police and the Attorney General's Office, among others.

3. Legal Proceedings

  Assisting with legal processes from filing a complaint to court proceedings, with a primary focus on cases of sexual and domestic violence. In instances of family violence, if the survivor seeks welfare protection, assistance is provided in filing requests and prosecutions to safeguard the survivor’s welfare, including the welfare of children, family members, close associates, and others connected to the survivor.

4. Data Management and Processing

  4.1 Collecting facts and evidence to prevent repetitive questioning of the survivor and to facilitate the sharing of case information with governmental and other assisting agencies, always with the survivor's consent.

   4.2 Gathering information about the challenges faced in assisting each survivor to advocate for policy changes and improvements in the justice process.

SHero will be able to:

1. Offer free legal advice through online channels to at least 200 survivors of domestic and gender-based violence annually, ensuring they receive welfare protection and compensation as per their legal rights and facilitating their entry into the justice system. A psychosocial team will also be available to provide empathetic listening and basic emotional support throughout the process. The case manager's role will involve assessing the survivor's needs and readiness from the moment they contact SHero Thailand's Line Official Account, then integrating the survivor into SHero Thailand's care system, adopting a survivor-centered approach.

2. Provide legal assistance by initiating legal actions for at least 15 survivors of gender-based violence each year. This includes handling complex cases such as long-term domestic violence situations where clear evidence might be lacking, survivors who are impoverished and face significant barriers to accessing the justice system, and cases of sexual abuse and exploitation perpetrated by authority figures where the survivor's safety during the process may be at risk.

3. Enhance the support system through a network of skilled volunteers, making it more robust and sustainable. Collect data regarding the challenges encountered in each case to advocate for changes in policies and the justice process, aiming for more effective and fair outcomes for survivors of gender-based violence.

This project will be led and operated by SHero Team and its Gender Justice Network members.