The NSW Bureau of Crime Statistics and Research (BOCSAR) has released a stark new report, Trends in female offending in New South Wales: 2014 to 2023 by Neil Donnelly, revealing a sharp increase in the number of women being criminalised in New South Wales.
‘The findings in this report expose the racialised and gendered violence of policing, which disproportionately targets Aboriginal women and girls, as well as poor, disabled and unwell women,’ said Debbie Kilroy.
Key findings from the report include:
- The number of criminalised women rose by 40% in NSW, from 36,635 in 2014 to 50,527 in 2023—a growth rate far exceeding the increase in criminalised men (17%).
- Criminalised women are most commonly charged with offences such as shoplifting, drug possession, domestic violence-related assault, and breaches of bail or Apprehended Violence Orders (AVOs).
- The growth in criminalisation of girls (aged 10 to 17) also highlights the systemic targeting of vulnerable communities, with girls representing one-quarter of all children criminalised.
‘These figures reflect an alarming trend: Aboriginal women and girls, and women living in poverty, are being disproportionately criminalised for survival behaviours and minor offences. These so called crimes are often rooted in systemic inequalities, domestic violence, and poverty,’ said Debbie Kilroy.
‘In June 2024, there were 4,039 Aboriginal adults in custody in NSW, the highest number ever recorded. Aboriginal women are often criminalised for acts of survival, and they bear the brunt of this punitive system,’ said Debbie Kilroy. ‘Despite being subjected to higher rates of violence, the colony persistently refuses to see Aboriginal women as victims, a reality Darumbal and South Sea Islander scholar, Dr Amy McQuire has described in her work,’ said Debbie Kilroy.
‘Aboriginal women are constantly framed as “perpetrators”, not victims, of domestic violence,’ said Debbie Kilroy. ‘This report underscores how the criminal legal system continues to perpetuate colonial violence by surveilling and overpolicing Aboriginal women and girls, entrenching their incarceration,’ said Debbie Kilroy.
‘The mass incarceration of Aboriginal women and girls cannot be divorced from the wider context of domestic and family violence. Many Aboriginal women are criminalised for defending themselves or for offences stemming from systemic disadvantage and poverty. Yet, their victimhood is erased by a system that pathologises their existence,’ said Debbie Kilroy.
Women and Girls Shouldn’t Be in Prison
‘The offences driving the increase in female criminalisation—such as breaches of bail, breaches of AVOs, and shoplifting highlight the systemic failure to address the root causes of these behaviours,’ said Tabitha Lean. ‘These are not crimes that demand imprisonment but acts of survival in the face of poverty, violence, and systemic neglect,’ said Tabitha Lean.
‘Prisons are not the solution,’ said Tabitha Lean. ‘Instead of criminalising women for surviving systemic injustices, resources should be directed toward addressing the root causes of their criminalisation: racism, poverty, violence, and a lack of support services in the community. Aboriginal-led organisations and experts with actual direct lived prison experience have long advocated for community-based, non punitive solutions—solutions that empower, not punish,’ said Tabitha Lean.
A Call to Action
‘This report is yet another reminder of the urgent need to rethink how we respond to the systemic targeting of women by the criminal legal system. It demands that the NSW government and law enforcement agencies stop the overpolicing of Aboriginal women and girls and redirect resources toward real, community-led solutions,’ said Tabitha Lean.
‘Women and girls should not be in prison for acts of survival. The system must recognise the humanity of Aboriginal women and girls and stop perpetuating the colonial violence that underpins their criminalisation,’ said Tabitha Lean. ‘As Dr Amy McQuire has articulated, the refusal to see Aboriginal women as victims is a direct continuation of the colony’s foundational violence, and we should be saying very loudly, that we will no longer be complicit in ongoing colonial violence,’ said Tabitha Lean.
‘It is time to properly fund community based services, raise the rates of social security, invest in public housing, provide stable housing for all, establish a guaranteed liveable basic income, and ensure quality, accessible, and affordable healthcare. These are the foundations of a society that supports women and girls, and prevents the systemic injustices driving their criminalisation,’ said Debbie Kilroy.
For further comment, please contact Debbie Kilroy on 0419 762 474 or Tabitha Lean on 0499 780 226
