Tag Archives: England

Coercive and controlling behaviour now part of domestic abuse law in England and Wales

The law on domestic violence in England and Wales is being changed to include “coercive and controlling behaviour”, and has been announced by the home secretary.

Theresa May said domestic abuse by intimate partners or family members was a “hideous” crime that shattered lives.

She said she hoped the new law would protect victims from extreme psychological and emotional abuse.

The maximum penalty for the new offence in England and Wales will be five years in prison and a fine.

Coercive and controlling behaviour can include the abuser preventing their victim from having friendships or hobbies, refusing them access to money and determining many aspects of their everyday life, such as when they are allowed to eat, sleep and go to the toilet.

Witness testimony could be supported at prosecution through a variety of ways, including documentary evidence of threatening emails and text messages, or bank statements that show the perpetrator sought to control the victim financially.

 

The importance of public services and co-ordination

On average about seven women and two men are killed by their current or former partner every month in England and Wales.

Many campaigners call this death rate a scandal and say victims’ appeals for help are too often met with apathy, disbelief and even hostility by police.

Since April 2011 the law has required a domestic homicide review to be carried out after every domestic violence death in England and Wales.

Davina James-Hanman, director of the charity Against Violence and Abuse and independent chair of several such reviews, said they analyse the way agencies such as the police and social services handle cases. Progress made to prevent future violence is also examined.

She said the benefits of the reviews could include identifying “new risk factors”.

Davina James-Hanman, director of the charity Against Violence and Abuse.
Davina James-Hanman, director of the charity Against Violence and Abuse.

One factor not widely recognised at present was the length of time someone had pursued their ex-partner, she said, citing the example of a man who harassed his ex for six years before killing her.

Ms James-Hanman said public services had made progress but that co-ordination between them was still “missing”.

She said the system “starts to fall apart” when someone experiencing domestic violence also has other problems such as mental health or drug abuse issues.

And she said there was a “sub-culture” of women who could not or would not access help, such as those with “immigration issues” and women who are “followed everywhere” by their partners.

Ms James-Hanman said the term “domestic homicide” should also include suicides prompted by domestic violence, but at present such deaths were rarely treated in this way.

Although men are less likely to be killed by a current or former partner, further work is also needed to make sure those at risk are identified and helped, said Mark Brooks – chairman of the charity the ManKind Initiative.

“We as a society need to do more to recognise and accept that men are victims too, so we look for signs of domestic abuse in the same way as we would for a female victim.”

There is no “typical” case, but male victims often suffer emotional and psychological abuse and can feel as though they have been groomed and isolated from friends and family, said Mr Brooks. There may also be physical abuse.

Male victims need to “feel they will be believed”, with more awareness campaigns and “escape routes” including refuges and safe houses available, he said.

 

The Scale of Domestic Abuse

Crimes of domestic abuse, England and Wales, Sept 2012-13

1million calls to police.
8% of all crimes.

  • 269,700 Total domestic abuse-related crimes
  • 57,900 Cases involving high risk of serious harm or murder offences
  • 96,000 Cases of assault with injury

Source: HMIC – Her Majesty’s Inspectorate of Constabulary.