Justice Impacted Women’s Equality Day: The Silent Struggle of Women in the Criminal Legal System

Women are the givers of life, a role that should hold them in the highest regard. Yet, in a nation entrenched in patriarchy and classism, women have historically experienced subordination that has led them to believe in the normative of a life suppressed in silence, meekness, and domestication. This systemic oppression has been pervasive, affecting every aspect of women's lives, including those who find themselves entangled in the criminal legal system. Justice impacted women—those who have been arrested, incarcerated, or otherwise involved in the criminal legal system—are among the most marginalized and overlooked groups in the fight for gender equality.

On August 26th, we observe National Women’s Equality Day. In recent decades, women have increasingly taken up the mantle of addressing inequality, combating issues such as domestic and sexual violence, wage disparity, lack of access to education, inadequate healthcare, and the right to vote. Through tireless campaigning, legal battles, and mass mobilizations, women have sought to change laws, shift societal norms, and demand that their rights be respected and protected. However, despite these efforts, justice impacted women continue to be overlooked, excluded from broader conversations about gender equality, and subjected to a criminal legal system designed primarily with men in mind.

Over 80% of justice impacted women are primary caregivers and mothers. These women are often criminalized for their lived experiences, which include domestic violence, sexual abuse, and poverty—circumstances that are frequently beyond their control. For example, many women who are incarcerated have been victims of domestic violence, and their criminal charges often stem from acts of survival, such as defending themselves against an abuser. Yet, instead of receiving the support and protection they need, these women are funneled into a punitive system that criminalizes their response to trauma.

The impact of this criminalization is profound. Approximately one million justice impacted women are disenfranchised, stripped of their right to vote and participate in the democratic process. This disenfranchisement extends beyond the walls of prisons and jails; it is a lifelong punishment that serves to silence and marginalize women who already face significant barriers to equality.

Incarcerated women face numerous indignities and human rights violations, often rooted in the fact that the criminal legal system was not designed with their needs in mind. For example, incarcerated women are frequently provided with men’s clothing, recycled underwear, and a lack of feminine hygiene products. Gender-specific programming is often non-existent, and access to necessary gynecological care is limited, if not outright denied. In some cases, women are subjected to unwanted medical procedures, further stripping them of their autonomy and bodily integrity.

The situation is even more dire for pregnant women in prison. These women are often deprived of access to abortion, proper nutrition, and adequate perinatal or postpartum care. They may be forced to endure induced labor without adequate support, and after giving birth, they are typically allowed only two hours with their newborns before the child is taken away. In a cruel twist of fate, these mothers are then given just 24 hours to select a caregiver to pick up their babies, or they risk losing their parental rights altogether.

These injustices reflect a broader societal assumption that justice impacted women have no rights, or at least no rights worth protecting. Yet, the reality is that these women share the same plight for equality as any other woman. They are mothers, daughters, sisters, and friends who deserve to be treated with dignity and respect, regardless of their involvement with the criminal legal system.

The fight for women’s equality cannot be fully realized until we address the unique challenges faced by justice impacted women. This requires a fundamental shift in how we view and treat women within the criminal legal system. Instead of criminalizing their survival strategies, we must provide them with the support and resources they need to heal from trauma and rebuild their lives. This includes access to mental health services, educational and vocational training, and reentry programs that are designed specifically for women.

Moreover, we must challenge the systemic injustices that disproportionately impact women of color, poor women, and LGBTQ+ women within the criminal legal system. These women are often doubly marginalized, facing discrimination not only because of their gender but also because of their race, socioeconomic status, or sexual orientation. By centering the experiences of the most vulnerable women in our advocacy efforts, we can begin to dismantle the oppressive structures that perpetuate inequality and create a more just and equitable society for all.

Justice impacted women are not voiceless; their voices have been silenced by a system that refuses to listen. RestoreHER US.America is a voice for justice impacted women, fighting for their dignity, reproductive rights, safety, and equality. It is time for society to recognize the humanity of these women and to acknowledge their right to equality, both inside and outside the criminal legal system. Only then can we begin to create a world where all women are truly free and equal.

~Pamela Winn, Founding Director, RestoreHER