ABSTRACT
The intersection of men’s rights and the criminal justice system presents a nuanced and often neglected facet of contemporary gender and legal discourse. While considerable focus has been placed on addressing discrimination and inequality faced by women, the systemic disadvantages experienced by men—particularly in areas such as sentencing disparities, false allegations, domestic violence, and custodial rights—have received limited academic and policy attention. This article critically examines the impact of implicit gender bias, societal expectations of masculinity, and the intersectionality of race and class in shaping legal outcomes for men. It further explores the role and reception of men’s rights activism in highlighting these challenges and advocating for legal reform. Drawing upon doctrinal and socio-legal methodologies, the paper calls for gender-neutral legislative approaches, enhanced judicial awareness, and equitable access to justice. The study ultimately argues for a balanced and inclusive criminal justice framework that addresses the specific needs of all genders without undermining broader goals of gender equality.
Keywords: Men’s rights, gender bias, criminal justice system, intersectionality, sentencing disparities, false accusations, child custody, domestic violence, legal reform, masculinity, men’s rights activism, gender-neutral laws, access to justice.
- INTRODUCTION
The intersection of men’s rights and the criminal justice system remains a significantly underexplored and marginalized area within both legal scholarship and societal discourse. Historically, gender-centric legal narratives have primarily emphasized the protection and advancement of women’s rights, particularly in areas such as domestic violence, sexual assault, and reproductive autonomy. However, recent years have witnessed a gradual but growing acknowledgment of the distinct challenges that men face within the criminal justice framework. Despite the broader societal commitment to gender equality, issues pertaining to men’s rights often receive limited attention and are frequently overshadowed or dismissed. Notably, concerns such as male victimization in domestic violence, disparities in child custody proceedings, and sentencing biases against men continue to be insufficiently addressed in mainstream legal reform initiatives.
One of the core concerns addressed in this study is the prevailing perception that the criminal justice system is largely oriented toward safeguarding the interests of women, particularly in domains such as family law and domestic violence. While these are undeniably critical areas warranting protection, the systemic challenges faced by men—such as the criminalization of fatherhood, the marginalization of male victims of domestic abuse, and the presence of gender-based biases within judicial proceedings—often remain unacknowledged and insufficiently addressed. Empirical research indicates that men are statistically less likely to secure favorable outcomes in child custody battles and are frequently not taken seriously when they report instances of domestic violence. Furthermore, the overrepresentation of men in incarceration and the tendency to overlook male experiences of violence, whether domestic or societal, underscore the deep-rooted influence of gender stereotypes within the legal system.
The relevance of this discourse extends beyond addressing individual grievances; it speaks to the broader imperative of ensuring that the criminal justice system operates on the principles of fairness and equity for all, irrespective of gender. The central objective of this dissertation is to critically examine the intersection of men’s rights and the criminal justice system, with a particular focus on the ways in which men’s issues are overlooked, underrepresented, or distorted within existing legal frameworks. The core thesis advanced herein is that the rights and concerns of men within the criminal justice process are systematically neglected, thereby contributing to gendered disparities that obstruct meaningful legal reform. This study contends that only through the adoption of a more inclusive, balanced, and gender-neutral approach can the ideals of justice be truly realized for all individuals, regardless of sex.