Feminism in Handcuffs? The Paradox of Gender-Sensitive Legal Frameworks for Female Offenders

Abstract

The concept of gender-sensitive legal frameworks aims to address systemic biases against women in the criminal justice system, yet its implementation often creates paradoxical outcomes. Feminism in Handcuffs? critically examines whether these reforms genuinely protect female offenders or inadvertently reinforce punitive control. While policies such as diversion programs and gender-responsive sentencing seek to acknowledge women’s unique vulnerabilities—such as histories of abuse or caregiving roles—they risk essentializing women as inherently "victims" rather than autonomous agents. This study assesses the tension between protection and punishment, questioning whether gender-sensitive approaches challenge patriarchal structures or merely repackage paternalism under progressive rhetoric. By analyzing legal reforms and policing practices, the paper reveals how well-intentioned policies may perpetuate carceral feminism, leaving women trapped between paternalistic "protection" and enduring criminalization.