Women, Modern Slavery and The Courts: Online Launch of the Catch 22 Report

Women, Modern Slavery and The Courts: Online Launch of the Catch 22 Report

Speakers:

Dr James Cockayne

NSW Anti‑Slavery Commissioner

Dr Felicity Gerry KC

Principal investigator and co‑author of Catch 22

Phillipa Stafford

Lawyer, researcher and co-author of Catch 22

Dr Marietta Martinovic AO

Associate Professor in Criminology and Justice studies

in the School of Global, Urban and Social Studies at RMIT

What the report finds

Drawing on workshops with women in Victorian corrections, including the Changing Faces Think Tank at Dame Phyllis Frost Centre and the Beyond the Stone Walls Advisory Collective, the report:

• Documents how women subjected to modern slavery and human trafficking are entering the system as accused persons and are pleading guilty and being sentenced without their experiences of coercion, control and exploitation being understood
• Shows that Australia has committed to the Non‑Punishment Principle but is failing to implement it in a way that protects women who offend as a direct consequence of their victimisation.
• Demonstrates that existing practices, including limited use of referral mechanisms, lack of consistent expert assessment and inadequate guidance to prosecutors and courts, leave survivors in prison when they should be diverted, not prosecuted, or have their convictions revisited

These findings make it clear that women’s voices from within Victorian corrections are essential to any ethical and lawful response to modern slavery and human trafficking in criminal justice. 

Why this event matters for policy makers, lawyers and judges

The report concludes that all criminal justice actors, especially prosecutors, defence practitioners and judges need a deeper understanding of:

• How modern slavery and human trafficking is present in everyday criminal cases involving women.
• The ethical obligations for all lawyers when there are indicators that offending was forced, compelled, or coerced.
• How the Non‑Punishment Principle can and should be implemented now through charging decisions, prosecutorial discretion, non‑conviction outcomes, and appellate pathways, alongside the case for legislative reform on the non-punishment principle.

This is essential viewing for anyone practising in crime, sentencing and appeals, and for those working on modern slavery compliance and justice policy. The insights from women in Victorian corrections, combined with the report’s detailed findings and recommendations, provide a practical roadmap for embedding the Non‑Punishment Principle and preventing further miscarriages of justice.

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