Domestic violence in the United Kingdom

Domestic violence in the United Kingdom is a criminal offence. Domestic violence or abuse can be physical, psychological, sexual, financial or emotional.^[1][2][3][4] In UK laws and legislation, the term "domestic abuse" is commonly used to encompass various forms of domestic violence.

Legal Definition[]

The current legal definition of domestic abuse in the United Kingdom comes from the Domestic Abuse Act 2021.^[5] This act provided the first statutory definition of domestic abuse. This definition states that behaviour is abusive if it involves "physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; or, psychological, emotional or other abuse."^[6] In order for such behaviour to be classed as domestic abuse, it must occur between two people who are over the age of 16 and "personally connected" to each other. ^[6]

Relationships which constitute as "personally connected" are if the two parties are, or have been:

1. married or civil partners to each other;
2. engaged;
3. in an intimate person relationship with each other;
4. in a parental relationship with the same child;
5. relatives.^[7]

Legislation in England and Wales[]

As there is no single criminal offence of domestic abuse. Instead, the act of domestic abuse has been criminalised. Criminalisation occurs via different legislation in England and Wales.^[8] As well as criminal remedies, victims of domestic abuse can also be provided with remedies and protection via civil law.^[9] This is in line with the Istanbul Convention, which mandates victims must have protection orders available to them.

Criminal offences[]

Please note this list is not complete, but does provide criminal offences relating to domestic violence.

Civil remedies[]

Civil law remedies are predominantly more victim-focused than criminal law.^[24] The Domestic Abuse Act 2021^[5] has created a single domestic abuse protection order to unify the current civil law protection orders.^[25] Although this Act has passed, currently the new domestic abuse protection orders that have been created have not come into force.^[26]

History[]

The history of domestic abuse examines the shift from domestic abuse being socially acceptable to unacceptable and how the law has evolved with that social evolution. For example, the Rule of Thumb was introduced which prohibited a husband beating his wife with a rod thicker than his thumb.^[28] Although this provided women protection from excessive beating, it also kept the abuse hidden. It wasn't until 1895 when domestic abuse was restricted to only be permitted during the day, between the hours of 7:00 am to 10:00 pm, due to the noise of wife-beating leading to too many complaints in London.^[29] It was in the 1970s when the social shift began and following women's marches for Reclaim the Night protests, the world's first refuge for domestic violence victims opened.^[30][31] The first known use of the term domestic violence in a modern context, meaning violence in the home, was in an address to the Parliament of the United Kingdom by Jack Ashley in 1973.^[32][33] The term previously referred primarily to civil unrest, violence from within a country as opposed to violence perpetrated by a foreign power.^[34][35][a] The public pressure that surmounted from these protests for women's rights caused the UK to produce its first piece of legislation tackling domestic violence: the Domestic Violence and Matrimonial Proceedings Act 1976 which created civil protection orders for victims.^[37][38]

Statistics[]

During the coronavirus pandemic in 2020, there was generally an increase in demand for domestic abuse victim support services, including a 65% increase in calls and contacts logged by the National Domestic Abuse Helpline between April and June 2020, compared with the first three months of the year. According to the Crime Survey for England and Wales (CSEW) year ending March 2020, an estimated 5.5% of adults aged 16 to 74 years (2.3 million people) experienced domestic abuse in 2019. The police also recorded a total of 1,288,018 domestic abuse-related incidents and crimes in England and Wales (excluding Greater Manchester Police)^[39][b] in the year ending March 2020. Of these cases, 41% (529,077) were incidents not subsequently recorded as a crime. The remaining 59% (758,941) were recorded as domestic abuse-related crimes.^[40] Increases in demand for domestic abuse support were particularly noticeable following the easing of lockdown measures in mid-May, such as a 12% increase in the number of domestic abuse cases handled by Victim Support in the week lockdown restrictions were eased.^[40] However, as the offences rate flagged as domestic abuse-related has been gradually increasing in recent years, and therefore it is not possible to determine if the coronavirus (COVID-19) pandemic have attributed to the increases in 2020.^[41] Domestic abuse campaigner, Jess Phillips MP, maintains the government focused too much on criminal justice, while police resources were cut and the availability of refuge beds was reduced.^[42]

Further statistics include the following:

• One in three women will be affected by domestic abuse in their lifetime.^[43]
• The majority of victims are women and the majority of suspects are men.^[44]
• According to the Office of National Statistics (ONS) about 4.2% of men and 7.9% of women suffered domestic abuse in England and Wales during 2018.^[45] This equates to about 685,000 male victims and 1,300,000 women.
• Previous statistics have shown that on average 2 women are murdered every week and 30 men are murdered every year due to domestic violence. 16% of violent crime is domestic abuse though domestic abuse is least likely to be reported to the police. There are more repeat victims of domestic abuse than repeat victims of any other crime. On average domestic abuse victims will have been assaulted 68 times before reporting it to the police. Domestic abuse is the single most quoted reason a person becomes homeless.^[46]
• Age UK provided figures showing 200,000 people aged 60 to 74 experienced domestic abuse in England and Wales during one year, but unrecorded abuse could mean the actual figures are higher. People over 74 were not included in the figures. Caroline Abrahams of Age UK said, "There’s a widespread misconception that domestic abuse only happens to younger people but sadly hundreds of thousands of older people are affected, too. barriers [to asking for help or to leaving an abusive relationship] can be severe for survivors who have been subject to years of prolonged abuse, are isolated within a particular community through language or culture, are experiencing long-term health impacts or disabilities, or those who are reliant on their abuser for their care or money."^[47]
• In 2017 it was reported that the Office for National Statistics's research findings suggested that over 10% of 16-19-year-old women are affected by the issue each year.^[48]
• Until March 2020, the Crime Survey for England and Wales showed that an estimated 2.3 million adults aged 16 to 74 years experienced domestic abuse in the last year (1.6 million women and 757,000 men). For statistics on the referrals of suspects of domestic abuse-flagged cases from the police to the Crown Prosecution Service (CPS) for a charging decision fell 19% to 79,965, from 98,470 in the year ending March 2019. Over three-quarters of domestic abuse-related, CPS prosecutions were successful in securing a conviction (78%), a similar level to 2019.^[39]

Funding[]

Government plans to cut funding for women's refuges could make it harder for women and children to escape domestic violence. 2,000 women a year could be affected. 60% of referrals to refuges were turned away in 2016-17 and funding cuts could make the situation worse.^[49] Other vulnerable groups will have to compete for funding with refuges against domestic violence and women fleeing domestic violence may be subject to a postcode lottery over whether they can escape or not.^[50] Women fleeing domestic violence are frequently put into unsuitable housing, such as housing where a toilet leaks and housing overrun with mice. This creates a risk that women will return to the abuser. Other vulnerable women fleeing domestic abuse are forced to sleep rough.^[51]

Changes to legal aid meant 3234 victims had to face their abuser in court without legal support during the first 9 months of 2017, this contrasts with 1309 victims in the first 9 months of 2012.^[52] Katie Ghose of Women’s Aid said, "We know that the cross-examination of victims in the family courts by their abusive former partner is far too common. (...) It is a matter of urgency that the government prioritises the implementation of the ban on this abhorrent practice, be it through the courts bill or the domestic violence and abuse bill. Survivors must be able to safely access justice in both the criminal and family courts in their escape from domestic abuse."^[53]

65% of Local Authorities have cut real terms funding for women's refuges in England, Wales and Scotland since 2010. The government plans to make victims of domestic abuse compete with other vulnerable groups for funding for temporary housing. Women fleeing domestic violence will not be eligible for housing benefit; instead there will be limited funding to provide for domestic violence victims, drug addicts, former offenders and homeless people.^[54]

Women's assets are taken into account in deciding if they qualify for legal aid. Frequently women cannot access their assets because the assets are controlled by the abuser. This prevents women getting protection from the courts. Mark Groves of the said, "While many people think Legal Aid is free, it is not, you have to pay a means-tested contribution. Economic abuse victims who don't control their money may not have this [and] those who have fled the family home may not have the right documentation. If you own a house, you have to put down a cash deposit equal to the equity in that house, which could be hundreds of thousands."^[55]

Some men have repeatedly killed female partners. In the case of Theodore Johnson, convicted of murder in January 2018 and eventually jailed for a minimum of 30 years,^[56] he was found guilty of manslaughter on two previous occasions because of his mental health. Such cases are seen as evidence that violence by men against women is not treated seriously by the authorities.^[57]

Some people accused of domestic violence intimidate their victims into not appearing in court, resulting in the case against them being dropped. A report from the police and Northumbria crime commissioner, Dame Vera Baird QC, monitored over 220 cases. It suggests cases where the complainant fails to appear are too easily dismissed and criminal justice services need more resources.^[58]

Groups[]

Immigrants are especially vulnerable to domestic violence.^[4][59] Since 2012 under the hostile environment policy immigrants who are victims of domestic abuse are increasingly deported. The Guardian wrote, "The refusal rate for applications under the domestic violence rule rose from 12% in 2012 to 30% in 2016, the last year for which full-year data was available. The figures show that 1,325 people were refused out of a total of 5,820 applications made between 2012 and 2016." Abuse victims may be deported based on what the abuser states without their case being heard.^[60]

In Scotland there is an initiative to reduce domestic violence called the Equally Safe Strategy. This involves early intervention in domestic abuse cases affecting women, girls and children. The Caledonian Programme dealing with men convicted of crimes involving domestic abuse will be expanded to help reduce re-offending and the Rape Crisis Sexual Violence Prevention Programme will also be introduced in more schools. A rape and sexual abuse support service in England and Wales is also receiving a boost.^[61]

Most refuges do not have disabled access though disabled women are more likely to experience domestic abuse than able bodied women. One in ten refuge places is accessible to domestic violence victims with physical disabilities. Out of 131 councils 20 had no accessible places at all. 16.8% of women with chronic sickness or disability suffer domestic abuse compared to 6.3% of able bodied women. Domestic abuse can involve physical, sexual or emotional abuse, as well as not providing care from people with long lasting sickness or disability. Data collected from 144 out of 210 UK councils contacted shows that Council funding for women's refuges overall fell by 6% over the five years to 2018. The largest reduction in spending on domestic violence refuges was from Southampton City Council, which cut spending by 65% since 2013/4.^[62]

Women charities in the UK have complained of domestic violence victims being subjected to racism, by being refused places for refuge on the basis of the language they speak. Victims were said to be refused for not speaking English. The charities reported that out of the 20 victims, 5 were rejected by refuges for not speaking the English language.^[63]

Resources[]

The National Domestic Abuse Helpline (telephone number 0808-2000-247) from Refuge gives support, help and information about domestic violence. This helpline is confidential, free and available 24 hours per day.^[64]

Notes[]

References[]

External links[]

• National Domestic Abuse Helpline