Accounting for the gendered nature of ‘collateral consequences’ of a criminal record

This chapter will provide an original contribution to our understanding of women’s experience of criminal justice by critically discussing the lifelong harm of attaining a criminal record. Whilst these so-called ‘collateral consequences’ of a criminal record are receiving increased attention this is still an under-discussed and under-researched issue in European jurisdictions, particularly in England and Wales. Furthermore, the gendered nature of such consequences has, until now, not been explored. 1 The chapter will first provide a summary of how a criminal record can create additional barriers for women who have had interactions with the criminal justice system (CJS). Secondly, in light of these barriers, the chapter will critically examine how criminal record practices systematically reproduce inequality and exacerbate the marginalisation of women. Finally, it will highlight how disclosure can be particularly harmful to women who, at the time of their interaction with the CJS, were experiencing other harmful events such as abuse, exploitation or neglect. This chapter is a timely addition as it lays the foundations for a critical conversation on the importance of gender when exploring the nuances of criminal record experiences, enriching and developing the field as it continues to grow.