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Eve Was Framed: Women and British Justice

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Eve Was Framed

320 pages, Paperback

First published October 7, 1992

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Helena Kennedy

26 books48 followers

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Displaying 1 - 30 of 65 reviews
Profile Image for Zanna.
676 reviews1,071 followers
July 3, 2014
Treating equally those who are unequal creates further inequality

Helena Kennedy is a barrister working in criminal law, and she sees in the current spate of miscarriages of justice coming to light an opportunity for radical reform in the courts… except it's 1992. I need a sequel to this book! I should read her more recent work to see what happened next. She certainly creates a mood of drama and urgency here.

Kennedy more or less fell into the law and the training for the Bar could only have been less hospitable to her if she hadn't been white. At the Inns of Court, she describes an overwhelmingly male and overtly misogynistic environment steeped in bizarre ritual. The percentage of women in the profession was small and confined to the lower ranks, with hardly any women ascending to the bench (becoming judges). The statistics were even more dire for people of colour whether female or male.

Ancient, alienating tradition continues into the courtroom, with wigs, robes and pompous jargon designed to make the defendant feel uncomfortable.

But some defendants feel more uncomfortable than others. The further you are from being white, male, middle class, highly educated and professional, the more terrifying this environment is going to be.

Most of this book concerns how stereotypes about women operate in the law, particularly in criminal justice. These can be exploited by one side or the other: women willing and able to present themselves as virtuous and devoted wives and mothers will be smiled on by the court (especially if white). Women are considered to be family glue rather than actual humans:

[in 1991] a retired Appeal Court judge explained that if it were open to wives to bring prosecutions against rape, albeit against a background of domestic violence, it would prohibit any chance of rehabilitation of the marriage and would have a deleterious effect on children - as though rape itself, rather than the prosecution, might not already have had that effect. Precisely these arguments about 'irreparable damage to the family' have been used to counter the introduction of every piece of reforming legislation for the benefit of women in the last hundred years.

Far from protecting women from it, the law has historically sanctioned the abuse of women within marriage as an aspect of the husband's ownership of his wife and the right to chastise her 'with a stick no thicker than his thumb' […women risk] being condemned by popular mythology about domestic violence: either she was not as badly beaten as she claims, or she must have stayed out of some masochistic enjoyment of it.

Kennedy argues that expert testimony from psychiatrists is needed to prevent the fallback to stereotypes in cases of intimate partner abuse as many people on juries have little understanding of how women are affected by such violence, and cannot make sense of their behaviour. She notes that psychiatry tends to be treated with derision, yet women are usually cast as 'mad rather than bad', not in control of their own actions. While this is problematic, Kennedy points out that the majority of women in the CJS have been subjected to more criminal behaviour than they have been responsible for: studies consistenly show that most women offenders are abuse victims.

Marital rape became legally possible in the UK in... um 1991(!) before which the marriage contract was taken to include the right to sex any time for men. Kennedy says that rape jokes used to be constant at legal dinners. The gross acceptability of rape in our culture (unless a woman is leapt upon in an alley by a stranger with a knife) is leveraged to the full by defendants. Victims have no representation in court. Very often, women cannot win. Signs of a struggle are brushed off by defendants as signs of vigorous sex-play, while lack of such signs as proof that it wasn't rape at all, even though women are advised not to struggle in order to prevent further, potentially fatal, violence (not an unfounded fear as countless cases show)

Women who kill their husbands after years of horrific abuse can rarely successfully argue that they acted in self defense or were provoked unless they were actually being physically attacked at the time. The courts are harsh on these women, Kennedy finds, while treating men who kill 'nagging' wives leniently. Juries are instructed to compare the behaviour of defendants to that of 'a reasonable man', an absurdity which surely hampers the defence of women; what constitutes provocation must be inflected by power structures including gender.

When Kennedy says 'it's not just women' she ought to say 'it's not just white women' - the mixed-gender composition of 'other groups' tends to get lost in writing by white feminists. But Kennedy is better than most on this, tracing not only how black men fare badly in the CJS and how it affects their families, and how stereotypes about Afro-Caribbean, Asian and other minoritised women are played out in the courts, but how race forms a barrier for lawyers, and how it affects defendants' experiences. Constructions of femininity that may hinder or help white women are usually weaponised against black women:

The writer Ann Oakley has pointed out that the dividing line between what is masculine and what is criminal is at times a thin one; assertiveness and independence are seen as exclusively male characteristics, and when displayed by young black women are seen as indicative of 'trouble'

She meanders through the her arguments: there are so many cases to make, so many pieces of evidence, that there is no time to cycle back, yet points of confluence are returned to again and again, theme and variation, not for the sake of repetition, but by chance: each fact has resonance in many themes. The only chapter I really struggled to read was about serial killers. Kennedy's penchant for psychological explanation here reminded me of Joan Smith's work, but Kennedy is much more restrained, and never speculative. The acuity of her analysis is clear in its congruence with women's lived experience.

I am no proponent of Law & Order: I am an anarcha-feminist and I believe in alternatives to criminalisation and especially imprisonment, which I am learning to understand as an extension of colonisation. But I find little to disagree with in Kennedy's writing. I don't know which, if any, of her suggested reforms have been enacted, but I'm especially interested in her argument for a Bill of Rights in the UK. Still no sign of that one.
Profile Image for Bii.
228 reviews
March 1, 2018
This book is so important. Not only does it tackle women's issues brilliantly, but it never fails to keep in mind that class and race are also major factors in women's discriminations. I'd highly, highly recommend it to everyone; especially (white) men.
Profile Image for Rebecca.
25 reviews
December 13, 2021
Good … but some parts i question a bit also. Sped read 2nd half and they never even ended up asking me about my PS at all 💔💔💔💔💔💔💔
Profile Image for Ella Chan.
14 reviews12 followers
June 3, 2014
What is the gender of the partner most often beaten in a relationship? What is the gender of those most often sexually violated? When we hear a body has been found, someone killed in a park by a stranger, what sex is the victim? The gender nature of certain crimes and their victims and the gendered nature of so much law, because it is usually administered by men, is still insufficiently recognized or discussed. In this book, Kennedy illustrates the difficulty women encounter when trying to navigate the British antiquated court systems.

The book opens with the mysterious description of the Inns of Court, and of the many obstacles encountered by women who aspire with be barristers. One such example is how a woman should dress in court, since any revealing aspects (skirts, shirts) would lead to "unfair" evaluation of the two parties. Woman also participate in less interstices of the law -- the circuit dinners, and cricket matches, the gold, the wine committees, due to their commitment to children. Therefore, they know fewer judges socially and will not be championed in their career rise in the same way that men are. Helena Kennedy argues that women should be present in evert level of law -- this is because jurists are human beings, and, as such, are informed and influenced by their backgrounds, community and experiences. For many reasons, women have difference experiences than men. Hence, with a more balanced gender in law, the judgements can be fairer.

Majority of the text is devoted to the stereotyping imposed on women in courts, whether they appear as defendants (unnatural viragos), plaintiffs (probably asked for it), or witnesses (notoriously unreliable). Far fewer women actually get prosecuted, but those that do, suffer harsher sentences than their male counterparts for equivalent crimes. In the midst of this, the court does not take into account other aspects such as depriving children of a mother and the condition of the woman in jail. What is great about this book is that there are numerous real-life examples and cases given, allowing a greater insight to Kennedy's statements.

This book allowed me to realize the inadequacies of law. It is really not as simple as the fact that law is sexist -- the problem runs deeper and the solution is beyond complicated. As Mary Robinson, the former President of ireland and an eminent human rights lawyer, has said: "If we are to go forward we need to look at attitudes and the language which expresses attitude... If we are to strike a balance, if we are to readjust participation and enrich our society with dialogue, we have to revise this way of thinking."
1 review
August 5, 2015
I don't usually read non-fiction. I find it dull and boring, and only really read it out of necessity. But in this book I found a kind of compromise.

While it does tell you facts and figures and is detailed in its evidence, it also tells stories of the authors experience and narrates courtroom drama in a way that keeps you interested in what Kennedy is trying to tell you.

And on that subject, what she is trying to tell you is perfectly argued. This novel might be slightly out of date in its citing of laws passed ten years ago, especially when legal precedent is constantly changing, but generally, what was true then is still true now (unfortunately). While it doesn't take into account recent improvements in legal training and police handling of many legal cases, it pretty much sums up the poor treatment women experience in the British Justice system in a succinct and entertaining way.

If you're afraid this book will just paint women as victims, as Eves who have been framed, don't be. She incriminates women as much as men and talks an equal share about female criminals as she does about female victims. But being a feminist reading of the law, she obviously also discusses how female criminals are vilified far more than men for committing a crime, a 'masculine' act which involves transgressing the boundaries of what is expected of women in society.

The way she handles sensitive topics such as rape, domestic violence, infanticide, prostitution, etc. is skilful and her eloquent argument against the 'Chivalry Theory' changed the misconceptions I had about women being treated more gently than men in our legal system. She also tackles the prison system, and how many women are sentenced to imprisonment for minor crimes for which a man would not be. Her attack on double standards is witty and intelligent, and only made me fall further in love with her and her writing.

Her final questioning of whether we want equality with men or to be treated fairly, and her discussion of the vast difference between these two approaches was fascinating. Her resounding conclusion was we must demand fairness, and that different but equal treatment of men and women will lead to the same outcome, a fair one. Finally the way she uses language that can be deciphered by those without a legal mind means I will suggest it to everyone who has an interest in law, feminism, politics or current affairs; it is a brilliant, easy and emotive read.
Profile Image for Teo(dora).
1 review1 follower
August 15, 2018

If I were to discuss the book purely based on its content, I'd reach the harsh conclusion that it could have been better. That's not to say the book is not worth reading since it contains its more than fair share of 'inside stories', analysis and theoretical accounts.


But I found myself reading some sentences twice due to the absurdity of some of Kennedy's allegations. It is not enough to say 'no'. Men hear a challenge to their masculinity in the sound. As a person who has read widely on the topic of feminism, I can say that there are far more complex articles or books that don't include such radical opinions and still have a point. Because, honestly, we cannot argue that all men react in the same way to the same event, especially when talking about their feelings. Kennedy seems to want to make topics like men and psychology seem easy when, in fact, they're not.


However, I can understand why Helena Kennedy would want to write 'extra'; back in 2005, when the book was released, feminism was not as prevalent as it is today so I gather it took a lot more convincing to make people believe that our society faces some issues. After all, most of the people are into feminism nowadays because the subject is popular. And rightly so. But this means that we should admire even more people like Helena Kennedy who dared to bring up crucial topics like feminism when such issues were not nearly as popular as they are today.

Profile Image for Gillian C.
28 reviews
December 11, 2021
good book. i enjoyed the discussion about the "good wife" and how it can be both a boon (when women are granted clemency in court for adhering to gender stereotypes) and a bane (Myra Hindley). particularly liked the question of whether culture (eg honour killings) is a valid excuse for murder. it did get a bit repetitive at points and it took on a rather informal tone but i suppose if you like that then it won't be a problem.
Profile Image for georgia :D.
52 reviews7 followers
July 8, 2022
'The law mirrors society with all its imperfections and it therefore reflects the subordination of women, even today'
Profile Image for Martha.
394 reviews45 followers
June 11, 2019
A fascinating look at the way in which the legal system is institutionally sexist and the impact that has on the women who pass through it. Kennedy shares her own experience of coming up as one of the few female barristers and the ways in which archaic traditions are limiting the pipeline of female lawyers who could become tomorrow's judges - and thus the system is perpetuated.

More troubling is the impact this lack of representation has on the women who are either victims of crimes (particularly disproportionately gendered ones such as domestic or sexual violence) or charged with crimes, and their ability to access fair treatment. Even if we exclude the men on the bench who are out and out misogynists, there's a fundamental issue of lack of understanding in those that remain:
"Police, lawyers and judges still have difficulties in abandoning their stereotype of the abused woman as someone who is submissive and cowed. When the woman appears competent or has a bit of gumption or if she seems to be materially well-off, there is a failure of the imagination as to how she could be victimised. Lawyers still say of a battered woman 'She is a middle-class woman. It is not as though she could not afford alternative accommodation.'"


As a survivor myself I found the sections about sexual violence particularly illuminating and infuriating. There is still a troubling, largely unconscious, perception that entitlement to a woman's body is something that can be debated. Here is a quote from the House of Lords during the reading debate of the Sexual Offences Act:

"Viscount Bledisloe chose an unfortunate but telling example from which to draw the principle: 'If I am accused of stealing your property, it is a defence if I show an honest belief that I had a claim of right to that property. That is the general test of the criminal law.'"


While Bledisloe would, no doubt, have claimed that this was an innocent metaphor, it's problematic that the idea of 'property' is the first analogy a man can reach for in a conversation about rape, given the history of women once being the legal property of their fathers or their husbands. More frustrating is the idea that a reasonable defence would be an honest belief of entitlement, and demonstrates how the law is still not fit for purpose when it comes to sexual violence. This is unlikely to improve while the mechanisms of amending existing and introducing new laws is so dominated by affluent, white, cishet, non-disabled men (i.e. the group who are far more likely to be the perpetrators than the survivors of this particular crime.)

Kennedy does a reasonable job of looking at this issue through a more intersectional lens, particularly in terms of race and class. I found her analysis of the perception of black women in court particularly interesting, and this was again contextualised in the total lack of racial diversity in the legal systems. However, I also recognise as a white middle-class woman myself, there may well have been gaps / problematic elements that I missed.
Sexuality was briefly referenced, but there was no reference to the complexities of gender in terms of trans and non-binary people's experiences, or to the experiences of disabled women who are also disproportionately likely to experience violence. I also found the constant references to 'battered women' very uncomfortable, but I also appreciate that this book was written in the 90s when the term was commonly used. I'd be interested to see if she's dropped that term in her recent follow up Eve Was Shamed: How British Justice is Failing Women.

Overall, a very interesting book and a much needed female perspective on how the justice system impacts women. It is quite academic in nature, so it was quite a slow read for me. As such, I would give it 3.5 stars, rounded up here as I believe it has a lot to offer even if the reading experience wasn't always easy.
Profile Image for Phoebe Radley.
34 reviews1 follower
February 20, 2024
i really enjoyed this book. it shows the injustices that women go through in all areas of the criminal justice system being lawyers, criminals, victims. it’s heartbreaking but also eye opening, although it is a little dated it is still a good read as most things do still run true. my lecturer recommended me this and it is so helpful with my degree, would throughly recommend!
Profile Image for Anabel.
12 reviews1 follower
March 25, 2025
Such an important book for all people in the legal industry to read! Gets a bit repetitive at times, and can jump from one point to another quickly, but overall made for a fascinating read.
Profile Image for Jordy.
14 reviews
January 11, 2023
Read this after I saw Amber Heard read it, and while it took some getting used to the extremely episodic writing style and having to pause and look up a lot of British history referenced (being American), I thought it gave excellent perspective of the challenges women face in the court system due to "feminine stereotyping"--and not JUST women since different stereotypes affect different subsets of people who all suffer if they don't fit into the established "box." The justice system was created for men by men with no allowances for different life experiences/cultures, and that needs to change, and Kennedy outlines her suggestions. This book is a little older, so more progress may have been made since its release, but the stereotypes still very much exist and it's important that people become/remain aware of them. Being a former barrister herself (and now a member of the House of Lords), Kennedy delivers great insight.
58 reviews1 follower
August 15, 2021
On the whole, I liked this book. It is organised well with adequate space being given to explore each of the various topics and themes, building arguments. Whilst various texts have been written by onlookers, I have not previously come across a book written by a woman who has the experience of having been within the judicial structure itself, which is part of the reason it is so powerful in what it conveys.

Covering gender inequality in an entire system in 290 pages will always be a challenge, but I do feel like this was a good overview.

I have it four stars as whilst it was really thought provoking at times I found it very heavy going. That said, it did leave me wanting to read more from this author, to understand the further issues within the system and what can be done to help and to see how attitudes have changed in the years since this book was published.
Profile Image for Asia.
21 reviews2 followers
May 12, 2022
Though at times repetitive, meandering and indulgent to the general publics morbid fascination with true crime details, ‘Eve was framed’ makes good observations on the failures of our courts in establishing true equal sentencing, in particular making insightful points on the treatment of minority women and how the intersection of various circumstances join with that of existing as a woman to create large legal disadvantages in a system created by men for men.

Maybe the better points in the book were lost slightly by overwhelming amounts of unnecessary and often identical case studies, and I would have preferred a more direct and in-depth analysis of the law at practice itself. However I enjoyed Kennedy’s exposures of how the court room environment together with social opinion creates an inhospitable and unkind territory for women, victims and criminals alike. 3.5/5
Profile Image for Kate K.
42 reviews1 follower
April 16, 2018
Helena Kennedy’s 1993 book Eve was Framed is to my knowledge not in print anymore, but it’s worth getting a copy second hand if you can.

The text looks at the experience of women in the British justice system, each chapter covering a specific topic including: the experience of female lawyers, rape and domestic violence, the impact of race on the experience of female defendants, and the law of manslaughter and how it’s applied to the different genders.

Kennedy’s book is 25-years-old yet still seems painfully relevant today. Expect an easy-to-follow, concise look at plenty of the issues facing women both practising Law and experiencing criminal justice as either defendants, victims or witnesses. Enjoyed.
Profile Image for Lucy Allison.
Author 2 books2 followers
January 18, 2023
"The symbol of justice may be a woman, but why should we settle for symbols?"

This book was more academic/dense than I expected, and a little dated now - neither of those things are the fault of the author, just different from what I was expecting. It comprehensively covers the 20th-century history of women in the criminal justice system in a variety of roles - lawyer, judge, victim and defendant - and illustrates the impact of misogyny throughout without being preachy. Occasionally I felt there were too many descriptions of very similar cases, which while illustrating how widespread these issues are almost became a bit sensationalised. However, the key messages were sound and I would still recommend this to anyone of any gender with an interest in justice and the law.
Profile Image for Sarah Anne.
72 reviews3 followers
May 1, 2018
"The symbol of justice may be a woman, but why should we settle for a symbol?"

It’s a sobering fact that although Helena Kennedy's book was first published in 1992, every word is still relevant today. This is a concise, well crafted look at women and the justice system. Using her own experience and expertise, Kennedy reflects on how women often fail to find justice or fair treatment when it comes to the criminal law in the UK. This book is intersectional and touches upon race and sexuality. Kennedy doesn’t get into academic feminism but this a good grounder for anyone looking to read more. The topics covered include prisoners, the legal profession and rape trials.
Profile Image for Becky Henderson.
15 reviews1 follower
March 9, 2017
Incredibly clear-sighted analysis of the state of the British legal system in relation to women in the early 90s. Shocked at some of the arguments I read surrounding why rape in marriage shouldn't have been made a crime at that time - we should feel ashamed at how long it took us to change the law in this area.

Happy to see that many of Kennedy's suggestions for reform have been taken up, albeit a decade or 2 late. Would love to read an update from this woman on her current views of the system and it's issues.
13 reviews
July 18, 2022
A fascinating insight into a range of issues facing women in the legal world, from those on trial to the female lawyers struggling against misogyny that has historically been rife in the field. The book tackles topical issues such as sexual assault, prostitution, domestic violence and abuse with sensitivity and offers compelling arguments about how the law could be reformed, especially to safeguard the children of female convicts and the women who have faced a lack of understanding from a male dominated system.
Profile Image for Ser Chappers.
40 reviews
December 16, 2021
Helena analyses the treatment of women in the British Legal system, including those who work in it, are victims, the accused, and convicted criminals.
It’s a devastating critique of an institutionally sexist system where sex, class, and race intersect and women are judged by the judiciary / jury / society based on higher standards than men.
This book is both upsetting and uplifting at different points.
Profile Image for Calum  Mackenzie .
614 reviews
April 6, 2022
A tough read - full of triggers regarding abuse, rape, paedophilia, domestic abuse and addiction. It’s an eye opening read as a British, white male. If I’m being critical I think there could be more solutions offered and possibly the important information could be broken down into bite size chunks as it’s pages of tiny font.

I’m definitely going to use this as a spring board to read around the subject more.

Recommend but it’s tough to read at times.
33 reviews1 follower
October 25, 2022
I got this book from my law extra reading list but I actually really enjoyed it and it opened my eyes to new aspects to explore. It also really motivated me to keep pursuing a career in law as a woman. The one thing is that some descriptions were pretty vivid and relentless - probably because she is slightly desensitised and it took a while to get used to it.

'The symbol of justice may be a woman, but why should we settle for symbols.'
Profile Image for Abigail Wonga.
60 reviews
March 10, 2024
Helena Kennedy addresses problems the legal system faces - not only just for women, but for ethnic minorities, people with social and physical mobilities.

It was a really insightful read, however the time that this book was written, there simply still is not as much change in the legal system than before. To create real change in the legal system, must stem from the creators of the system themselves, while understanding the struggles certain people live today.

Profile Image for Sarah.
59 reviews3 followers
September 23, 2019
I actually didn’t finish this book, even though i was really excited to read it. I felt like it was the same point that had been expanded and written into 400 pages. I feel it could have been condensed and made shorter. In the end I gave up it wasn’t engaging and it was an effort to read. I loved the idea and concept and the issues around women and the law but could be shorter.
35 reviews
April 4, 2021
A must read for everyone working in and out of the justice system. It beautifully articulates the struggles that women over the years have had to go through from prisons to murder trials, and the constant clear discrimination behind it. Could be a little repetitive at times but I think that's the point!
Profile Image for Lois Ryan.
10 reviews2 followers
February 6, 2024
Important. I think if I’d been born a bit earlier and read this a bit earlier I’d maybe give it five, but as it is, I thought the discussion on SV was particularly spot on, and that the discussion on the intersectionality of prejudices and their consequences within court and law could have been given a lot more space. Accessible and sharp.
5 reviews2 followers
January 26, 2021
A really interesting and important book. I would recommend this book to anyone, especially someone who is considering a career or is interested in the law. The only thing is that the book is a little repetitive at points. I enjoyed the first couple of chapters most.
Profile Image for Callum.
33 reviews2 followers
July 24, 2023
I knew this would be an essential read. My goal was to begin widening of my understanding of others perspectives and I believe this has done that well. I would say some of the points did tend to tar everyone with the same brush, but the author did (very often) make side notes of impartiality.
Profile Image for Sammie Anne.
47 reviews
December 5, 2023
“Often until the moment before entering the court they have been addressed in terms of abuse. The women talk of feeling dirty, like scum; the relative calm of the courtroom is their last chance to say: I am not going to be crushed.”
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