A new hope for domestic abuse victims?
Written by Lucy Young
Find more of Lucy’s content here: https://www.instagram.com/lucyandthelaw/
Time and again, case after case, vulnerable women have been exploited and manipulated by their male partners, but justice has yet to be reaped. Victims of domestic abuse have been systematically failed by institutions that underestimate the complexity of the issue. At present, there is a Bill in the works that intends to finally provide an appropriate statutory definition of domestic abuse and dismantle the archaic “rough sex defence”. The Bill, as it currently stands, states “Behaviour of a person towards another person is “domestic abuse” if [s. 1(a)] A and B are each aged 16 or over and are personally connected to each other, and [s. 1(b)] the behaviour is abusive.” However, we can question whether this will be enough to fill the damaging gap in the law.
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the bill provides greater clarification of many previously troubling issues”
The Bill acknowledges abuse as behaviour which varies in unique ways, including physical, psychological and economic abuse. The individuals involved must be ‘personally connected’, and even children are capable of suffering domestic abuse as a secondary party and observer. Furthermore, the bill provides greater clarification of many previously troubling issues, including a reiteration of the ratio from R v Brown (that individuals cannot consent to harm), support measures by official governmental or medical bodies and a special type of injunction for domestic abuse victims against their abusers.
Why now? In the midst of a pandemic, what is the impetus that is driving this bill? A study conducted by Savanta ComRes in 2019 asked over 2,000 women about sexual violence they had experienced, and data suggested that around 40% of respondents had experienced unwanted slapping, choking or gagging during sex. Steven Pope, a specialist psychotherapist, claims violent sex is now becoming the new ‘norm’, with women feeling the pressure to comply. The pressure for more aggressive and violent sex is possibly sparked by the pornography industry, and addiction to extreme content. Additionally, studies suggest the pandemic has only exacerbated the issue of domestic abuse. In the context of such studies the urgency of the Bill becomes more apparent.
In light of the new Bill, it is worth revisiting and exploring some cases that neglected to afford adequate punishment on behalf of countless abused women. Whilst retrospective legislation is often frowned upon in the judicial sphere, (with some exceptions such as(i.e. the common law stance on marital rape (R v R)), it ought to be suggested that perhaps finding justice for abused and murdered women should also be prioritised throughout our current endeavour of making the world safe for women from all walks of life; after all, it is the summation of this violence and subsequent death that has led to the creation of such legislation.
“…judicial bodies have previously avoided granting severe punishments for performing lethal sex acts…”
The cases of Vivian Scott, Honor Matthews and Anna Banks highlight how judicial bodies have previously avoided granting severe punishments for performing lethal sex acts, as all killings resulted in reduced sentences from murder to manslaughter. Vivian Scott’s death was caused by six minutes of asphyxiation during rape, where the perpetrator, John Taylor, went on to wrap Scott’s body in rope and carpet in an attempt to hide the body. Due to there being “no rough sex defence”, the judge instead held this the death to be a result of ‘horseplay’, resulting in the reduced sentence of manslaughter.
While the Domestic Violence Bill intends to protect women, it has faced fierce criticism for its failure to provide protection for women outside of domesticated circumstances. What about women who have consented to a one-night stand with a man who suddenly chokes her to death? Although the British courts still take the stance that although there is “no defence for rough sex”, it is still likely that perpetrators will be given a reduced sentence of manslaughter. Therefore, who can say with any certainty that the Domestic Abuse Bill will be end of this.
The UK’s first domestic violence commissioner, Nicole Jacobs, will be tasked with the role of not just protecting vulnerable women living in the UK, but also refugees and migrants, whose plight is often ignored in conversations about domestic abuse. During the second reading of the new Bill, the minister for Safeguarding, Victoria Atkins, announced a cash injection of £1.5 million pilot fund to support refugee and migrant victims who cannot claim from public funds.
“..the emergency injection of cash funds demonstrates the serious discrepancy that was present before the pandemic hit – the lack of baseline safeguarding throughout local boroughs.”
In conjunction with this, we must also look at the spike in domestic violence caused by the COVID lockdown and extended periods of isolation. Refuge, the largest domestic abuse charity in Britain, reported a 700% increase in calls during a single day. During this time, some of the government proposed a £22M cash fund to assist domestic abuse helplines, which helped charities survive throughout a period of fiscal frugality. Southall Black Sisters and Solace opened up emergency accommodation in hotels for women fleeing domestic abuse; Leeway, another domestic abuse charity, has provided vulnerable women with laptops and smartphones, and employed more multilingual staff in victim support units across the country. The appointment of Nicole Jacobs is a powerful step in the right direction; however, the emergency injection of cash funds demonstrates the serious discrepancy that was present before the pandemic hit – the lack of baseline safeguarding throughout local boroughs.
Ahluwalia, Kowalski, Thornton, Duffy - only a handful of criminal judgements that paved the way for this new, but overdue, legislation. The Domestic Abuse Bill is the first of its kind to go through both Houses. With persistent delays, evidence restrictions and endless periods of questioning and debate, Parliament is finally willing to legally define ‘domestic violence’ and afford abused women the right to feel at least partially protected by the law. If all goes well, they need not to take matters into their own hands and face the lack of legal repercussions of their partners violence anymore.
If You Are In a Controlling Or Abusive Relationship and you need help – information and support on domestic abuse:
National Domestic Abuse Helpline – 0808 2000 247 – www.nationaldahelpline.org.uk/ (run by Refuge)
The Men’s Advice Line, for male domestic abuse survivors – 0808 801 0327 (run by Respect)
The Mix, free information and support for under 25s in the UK – 0808 808 4994
National LGBT+ Domestic Abuse Helpline – 0800 999 5428 (run by Galop)
Samaritans (24/7 service) – 116 123For governmental advice on how to get help during the coronavirus outbreak: https://www.gov.uk/guidance/domestic-abuse-how-to-get-help?gclid=CjwKCAjw1K75BRAEEiwAd41h1LZuRowQHYfAvV6_cZG_Xi5cTpIJ2h64cME4BlhywYIaciTOpU93lxoCVJ8QAvD_BwE&gclsrc=aw.ds