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]

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]}

The Domestic Violence, Crime and Victims Act 2004 (c 28) is an Act of the Parliament of the United Kingdom. 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.^[10]

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.^[11]

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.^[12] 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.^[13] Womef 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.^[14]

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.^[15] 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.”^[16]

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.^[17]

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."^[18]

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,^[19] 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.^[20]

Immigrants are especially vulnerable to domestic violence.^[4][21] Since 2012 under the hostile environment policy immigrants who are victims of domestic abuse are increasinly 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.^[22]

Some men 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.^[23]

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