Domestic violence in the United Kingdom

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Domestic violence and abuse in the United Kingdom are a range of abusive behaviours that occur within relationships. 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. Some specific forms of domestic violence and abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with remedies and protection via civil law. [5]

Contents

This is consistent with the Istanbul Convention, whose member countries must provide protection orders to victims of domestic abuse to ratify this treaty.

Statutory definition

The Domestic Abuse Act 2021 creates a statutory definition of domestic abuse, but there are no offences related to this definition. Rather pre-existing offences make certain forms of domestic abuse illegal. [6] [7]

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." [8] 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. [8]

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. [9]

Helplines

There are helplines available for women experiencing domestic abuse such as The National Domestic Abuse Helpline. 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. [10]

The ManKind Initiative provides a hotline for men experiencing domestic abuse. The hotline Galop provides services for those LGBT relationships who experience abuse. [11] : 11 

Domestic abuse shelters

There are charities that provide temporary accommodation sometimes with associated therapeutic services for those escaping domestic abuse. [11] : 30 

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.[ according to whom? ] [12] Other vulnerable groups will have to compete for funding with refuges against domestic violence[ according to whom? ] and women fleeing domestic violence may be subject to a postcode lottery over whether they can escape or not. [13] Women fleeing domestic violence are frequently[ weasel words ] put into unsuitable housing, such as housing where a toilet leaks[ clarification needed ] and housing overrun with mice. This creates a risk that women will return to the abuser. Other[ weasel words ] vulnerable women fleeing domestic abuse are forced to sleep rough. [14] Male victims of domestic violence also face challenges when seeking refuge as there are only 19 shelters in the whole of the U.K. offering refuge to men - 78 places in total (of which just 20 places are available for the exclusive use of men). [15]

65% of local authorities have cut real terms funding for women's refuges in England, Wales and Scotland since 2010. Those same local authorities have never funded refuges for men and are now even less likely to do so going forward. The government plans to make victims of domestic abuse compete with other vulnerable groups for funding for temporary housing. People 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.[ according to whom? ] [16]

Civil remedies

The Domestic Abuse Act 2021 [6] has created a single domestic abuse protection order to unify, though not necessarily replace, the current civil law protection orders such as non-molestation orders. [17] Although this Act has passed, currently the new domestic abuse protection orders that have been created have not come into force. [17]

Criminalization

There are no laws specifically against domestic abuse, but a number of other laws make certain specific forms of domestic abuse illegal such as those involving assault, harassment, or sexual abuse. [7]

Legal aid is provided for parents who want a court to prevent another parent seeing their child or obtain a divorce through the Family Courts if they have experienced certain forms of domestic abuse. A number of pre-existing crimes are considered domestic abuse. [18] [19]

Criminal Offences within England relating to domestic abuse for legal aid
Statutory LegislationDomestic abuse act
Offences against the Person Act 1861, [20] s.16Threats to kill
Offences against the Person Act 1861, [20] s.18+20Wounding and causing grievous bodily harm
Offences against the Person Act 1861, [20] s.23+24Administering poison
Offences against the Person Act 1861, [20] s.47Common assault
Theft Act 1968, [21] s.21Blackmail
Criminal Damage Act 1971, [22] s.1Destroying or damaging property
Criminal Damage Act 1971, [22] s.2Threats to destroy or damage property
Child Abduction Act 1984, [23] s.1+2Abduction of a child by parent or other persons
Criminal Justice Act 1988, [24] s.39Common assault and battery
Protection from Harassment Act 1997, [25] s.2Harassment
Protection from Harassment Act 1997, [25] s.2A+4AStalking
Sexual Offences Act 2003, [26] s.1Rape
Sexual Offences Act 2003, [26] s.2Assault by penetration
Sexual Offences Act 2003, [26] s.3Sexual assault
Sexual Offences Act 2003, [26] s.62+63Committing an offence with intent to commit a sexual offence
Serious Crime Act 2015, [27] s.76Controlling or coercive behaviour in an intimate or family relationship
Anti-social Behaviour Crime and Policing Act 2014, [28] s.121Offence of forced marriage
Modern Slavery Act 2015, [29] ss.1, 2+4Slavery or compulsory labour, or human trafficking
Domestic Violence, Crime & Victims Act 2004, [30] s.1Breach of non-molestation order
Female Genital Mutilation Act 2003, [31] s.5ABreach of a Female Genital Mutilation protection order
Family Law Act 1996, [32] s.42ABreaching non-molestation order
Family Law Act 1996, [32] s.63ABreach of forced marriage protection order
Public Order Act 1986, [33] s.4Fear or provocation of violence
Public Order Act 1986, [33] s.4A + 5Harassment, alarm or distress
Civil orders in England relating to domestic abuse
Statutory legislationDescription
Family Law Act 1996, [32] s.42 Non-Molestation Order
Family Law Act 1996, [32] s.33, 35-38 Occupation Order
Domestic Violence, Crime and Victims Act 2004, [30] s.12 Restraining Order
Crime and Security Act 2010, [34] s.24-33Domestic Violence Protection Orders and Notices

Perpetrators

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, [35] he was found guilty of manslaughter on two previous occasions because of his mental health. [36]

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.

In 1510, Anthony Fitzherbert, a judge, published a manual for legal procedure called The New Natura Brevium. This manual described the writ of supplicavit which was available to wives whose husbands threatened to beat or kill them and allowed the court to punish a husband in these situations. However, the writ had an exception for threats required for the lawful "sake of Government and Chastisement" of a wife. [37] : 4  The extent of this exception is unclear. This right to beat was challenged but affirmed in Thomas Seymore Case with Edward Coke issuing a dissenting opinion denying any right of a husband to beat his wife. [37] : 8 

The Lord Leigh case of 1674, ruled that wife beating had not been intended as permissible in the New Natura Brevium but only allowed for admonition and confinement to the house. Wife-beating was increasingly frowned upon in the 17th century which Doggett argued in part stemmed from the Protestant conception of Marriage. Puritans conceptualized marriage as analogous to the relationship between Christ and the Church, viewing the husband as dominant but imposing standards. The clergy and moralists advised husbands against wife-beating. However, many legal writers ignored the Leigh ruling stating that wife beating was a husband's right. [37] : 8 

In 1782, the rule of thumb was satirised as an 'ancient doctrine' when Judge Francis Buller was reported as trying to review the principle, with Buller being depicted as 'Judge Thumb'. [37] : 7  In 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. [38]

In 1971, following marches as part of the Reclaim the Night movement, the world's first refuge for domestic violence victims opened. [39] [40] The refuge was established by Erin Pizzey at Belmont Terrace in Chiswick, London. It has since been rebranded as the charity Refuge (United Kingdom charity). Pizzey's pioneering work was widely praised. In 1973 Jack Ashley stated in the House of Commons that "The work of Mrs. Pizzey was pioneering work of the first order. It was she who first identified the problem, who first recognised the seriousness of the situation and who first did something practical by establishing the Chiswick aid centre. As a result of that magnificent pioneering work, the whole nation has now come to appreciate the significance of the problem". Ashley was the first to use the term 'domestic violence' in its modern sense - meaning violence in the home. [41] [42] The term previously referred primarily to civil unrest, violence from within a country as opposed to violence perpetrated by a foreign power. [43] [44] [lower-alpha 1] 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. [46] [47]

Statistics

Estimated domestic abuse cases in England and Wales
YearFemaleMale
2022 [48] 1.7M (6.9%)699k (3.0%)
2021
2020 [49] 1.6M (7.3%)757k (3.6%)
2019 [50] 1.6M (7.5%)786k (3.8%)
2018 [51] 1.3M695k
2017 [52] 1.2M713k

Effects of COVID-19

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) [64] [lower-alpha 2] 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. [66] 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. [66] 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. [67] 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. [68]

Family court

Changes to legal aid meant, in the first 9 months of 2017, 3234 people claiming to have been abused had to self-represent and appear in court with the people they claimed had abused them. This contrasted with 1309 such people in the first 9 months of 2012. [69] Katie Ghose of Women’s Aid said, "We know that the cross-examination of victims [sic] in the family courts by their abusive former partner [sic] 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." [70]

Applicants' assets are taken into account when deciding if they qualify for Legal Aid. Some applicants are unable to fully access their assets because those assets are controlled by their former partner. This can hamper attempts to secure legal representation in court. Mark Groves of the National Centre for Domestic Violence 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." [71]

Sometimes people accused of domestic violence are able to intimidate their former partner into not appearing in court, resulting in cases being dropped. A report by Police and Northumbria Crime Commissioner, Dame Vera Baird QC, monitored over 220 cases. It suggested that cases where the complainant failed to appear can too easily be dismissed, and that criminal justice services need more resources. [72]

Marginalized groups

Immigrants are especially vulnerable to domestic violence. [4] [73] 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. [74]

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. [75]

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. [76]

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. [77]

Notes

  1. ↑ Compare the July 18, 1877 request for help sent to President Rutherford B. Hayes by West Virginia governor Henry M. Mathews following the outbreak of strikes and riots: "Owing to unlawful combinations and domestic violence now existing at Martinsburg and other points along the line of the Baltimore & Ohio Railroad, it is impossible with any force at my command to execute the laws of the State." [45] : 24–5 
  2. ↑ Data for Greater Manchester Police (GMP) on domestic abuse-related incidents and crimes are not included in this publication because of issues with their data supply following the implementation of new IT systems. Any total police recorded crime data refer to England and Wales excluding GMP.

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<span class="mw-page-title-main">Domestic Abuse Act 2021</span> United Kingdom legislation

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<span class="mw-page-title-main">Galop (charity)</span> UK LGBT anti-abuse charity

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  66. 1 2 "Domestic abuse prevalence and trends, England and Wales - Office for National Statistics". www.ons.gov.uk. Retrieved 2021-03-28.
  67. ↑ "Domestic abuse: get help during the coronavirus (COVID-19) outbreak". GOV.UK. Retrieved 2021-03-28.
  68. ↑ Domestic violence murders reach five-year high BBC
  69. ↑ Number of domestic violence victims without legal help soars The Guardian
  70. ↑ Rudd urged to prevent cross-examining by domestic abusers The Guardian
  71. ↑ Legal costs halt thousands of domestic violence cases BBC
  72. ↑ Defendants 'gaming system' to get domestic violence cases dropped The Guardian
  73. ↑ McVeigh, Tracy (19 September 2015). "Abuse going unreported in Britain's south Asian communities – study". The Guardian . Retrieved 17 December 2017.
  74. ↑ Abuse victims increasingly denied right to stay in UK The Guardian
  75. ↑ Oppenheim, Maya (2018-11-25). "Domestic abuse action plan to be extended in Scotland". The Independent. Retrieved 2023-01-02.
  76. ↑ Why disabled women can't access all refuges BBC
  77. ↑ "UK's women's refuges turn away victims who speak no English". The Guardian. 9 August 2020. Retrieved 9 August 2020.
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