Domestic violence in the United Kingdom

Domestic violence in the United Kingdom is a criminal offence; the law says that domestic violence or abuse can be physical, psychological, sexual, financial or emotional.[1][2][3][4]

Definition

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.[5][6] The term previously referred primarily to civil unrest, violence from within a country as opposed to violence perpetrated by a foreign power.[7][8][nb 1]

Prevalence

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.[10] This equates to about 685,000 male victims and 1,300,000 women. Murders related to domestic violence are at a five year high. The majority of victims are women and the majority of suspects are men.[11] Domestic abuse campaigner, Jess Phillips MP, maintains the government focused too much on criminal justice, while cutting police resources and refuge beds were reduced.[12]

One in four women and one in six men will be affected by domestic abuse during their lives. 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.[13]

Domestic abuse also affects older people. Age UK provided figures showing 200,000 people aged 60 to 74 experienced domestic abuse in England and Wales during one year, 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.”[14]

Legislation

The Domestic Violence, Crime and Victims Act 2004 (c 28) is an Act of the Parliament of the United Kingdom. It applies to England & Wales, Northern Ireland in part, but not to Scotland. It is concerned with criminal justice and concentrates upon legal protection and assistance to victims of crime, particularly domestic violence. It also expands the provision for trials without a jury, brings in new rules for trials for causing the death of a child or vulnerable adult, and permits bailiffs to use force to enter homes.[15]

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.[16]

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.[17] 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.[18] Women fleeing domestic violence are frequently put into grossly unsuitable housing, housing where a toilet leaks and housing overrun with mice are examples. This creates a risk that women will return to the abuser. Other very vulnerable women fleeing domestic abuse are forced to sleep rough.[19]

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.[20] 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.”[21]

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.[22]

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 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."[23]

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,[24] 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.[25]

Some people accused of domestic violence intimidate their victims into not appearing in court, then the case against them is 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.[26]

Groups

Immigrants are especially vulnerable to domestic violence.[4][27] 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.[28]

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.[29]

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, also not providing care from people with long lasting sickness or disability. Council funding for women's refuges overall fell by 6% over the five years to 2018 data from 144 out of 210 UK councils contacted reveals. The largest reduction in spending on domestic violence refuges was from Southampton City Council, which cut spending by 65% since 2013/4.[30]

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.[31]

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.[32]

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."[9]:24–5

References
  1. "Domestic violence and abuse". Gov.uk. Retrieved 28 November 2017.
  2. {{cite However Domestic violence /Abuse is not a criminal offence per-see. DVA becomes an offence when there is a substantive offence such as assault etc.To quote Office of National Statistics 2020' A total of 1,288,018 domestic abuse-related incidents and crimes1 were recorded by the police in England and Wales (excluding Greater Manchester Police (GMP)) in the year ending March 2020 (an increase of 4%, 51,404 incidents and crimes, from the previous year)2. Of the domestic abuse-related incidents and crimes recorded in the year ending March 2020, 529,077 (41%) were incidents not subsequently recorded as a crime3. The remaining 758,941 were recorded as domestic abuse-related crimes (59% of the total number of incidents and crimes). Domestic abuse-related incidents cover reports where, after initial investigation, the police have concluded that no notifiable crime was committed. Incidents of domestic abuse that result in a crime being recorded by the police are included in the data on domestic abuse-related crimes. The number of domestic abuse-related incidents, and crimes give a better picture of the demand that domestic abuse puts on the police. An example of a domestic abuse incident that does not amount to a crime would be two family members having a loud argument, a third party calls the police, the police attend and calm the situation down, but no crime has taken place. Office for National Statistics Violenweb|url=https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/domesticabuseinenglandandwales/yearendingmarch2016|title=Domestic abuse in England and Wales - Office for National Statistics|last=Cottrill|first=Nina|website=Ons.gov.uk|accessdate=28 November 2017}}
  3. "Male victims of domestic and partner abuse : 30 key facts" (PDF). New.mankind.org.uk. Retrieved 28 November 2017.
  4. "Domestic Violence in England : a cross-sectional survey of community prevalence and its impact on health-related factors" (PDF). Kent.ac.uk. Retrieved 17 December 2017.
  5. National Women's Aid Federation Archived 2012-01-13 at the Wayback Machine.
  6. House of Commons Sitting (1973) Archived 2012-10-24 at the Wayback Machine Battered Women.
  7. "Domestic violence in the Times: From civil unrest to spouse abuse". The New York Times. September 10, 2014. Archived from the original on July 22, 2016. Retrieved March 26, 2016.
  8. "The federalist papers : no. 43 The same subject continued (The powers conferred by the constitution further considered)". Yale Law School, Avalon Project, Documents in History, Law and Diplomacy. Archived from the original on March 26, 2016. Retrieved March 26, 2016.
  9. McCabe, James Dabney; Edward Winslow Martin (1877). The History of the Great Riots: The Strikes and Riots on the Various Railroads of the United States and in the Mining Regions Together with a Full History of the Molly Maguires. National Publishing Company. p. 15. The History of the Great Riots and Full History of the Molly Maguires.
  10. "Domestic abuse in England and Wales - Office for National Statistics". www.ons.gov.uk. Retrieved 2019-03-09.
  11. "Letter from UK Statistics Authority" (PDF).
  12. Domestic violence murders reach five-year high BBC
  13. Statistics
  14. Action needed to tackle domestic abuse of over-60s, says Age UK The Guardian
  15. The Guardian, 2 June 2009, The poorest need shielding from bailiffs
  16. "10% of young women 'face domestic abuse'". Bbc.co.uk. 23 November 2017. Retrieved 28 November 2017.
  17. Survey reveals impact of proposed funding cuts on women fleeing abuse The Guardian
  18. Funding change could see domestic violence refuges shut BBC
  19. Thousands fleeing domestic violence face squalid housing The Guardian
  20. Number of domestic violence victims without legal help soars The Guardian
  21. Rudd urged to prevent cross-examining by domestic abusers The Guardian
  22. Council funding for women's refuges cut by nearly £7m since 2010 The Guardian
  23. Legal costs halt thousands of domestic violence cases BBC
  24. Grierson, Jamie (8 March 2018). "Man who killed three partners gets harsher sentence on appeal". The Guardian. Retrieved 9 March 2018. The original minimum tariff was for 26 years.
  25. Cocozza, Paula (3 January 2018). "Freed to kill again – and again: Theodore Johnson and the truth about domestic violence". The Guardian. Retrieved 5 January 2018.
  26. Defendants 'gaming system' to get domestic violence cases dropped The Guardian
  27. McVeigh, Tracy (19 September 2015). "Abuse going unreported in Britain's south Asian communities – study". The Guardian. Retrieved 17 December 2017.
  28. Abuse victims increasingly denied right to stay in UK The Guardian
  29. Domestic abuse action plan to be extended in Scotland The Independent
  30. Why disabled women can't access all refuges BBC
  31. "UK's women's refuges turn away victims who speak no English". The Guardian. Retrieved 9 August 2020.
  32. "The freephone, 24-hour National Domestic Abuse Helpline". Refuge. Retrieved 28 July 2020.
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