REET KAUR
After several years of campaigning, delays caused by Brexit, and the General Election, the Domestic Abuse Bill is now the Domestic Abuse Act. Exciting, right? But, let’s take a moment to reflect on what this Act has really done for the victims of abuse.
Although the Act reflects our contemporary society, it is reasonable to ask, are the victims silent or are they silenced by this act? The fact is that it has, to an extent, silenced them. Over 80% of victims wanted perpetrators’ behaviour to be challenged via mental health support, public awareness campaigns, and tougher sentences. Yet, the Law does not reflect this. Currently, less than 1% of perpetrators are being challenged to reform. Rather than hearing the victims and acting in their interest, the changes in the Law ignore the voice of the victims and instead reflect the views of a contemporary society. The Act is essentially silencing the victims whilst upholding the dominant societal view.
The non-privatization of domestic abuse has resulted in the need for a balance between public and victim’s interest to be reflected in the Law. The concept of privacy, which has historically favoured men, needs inspection by the Law so that it does not hinder the rights of victims. The Law cannot ignore the public concerns surrounding domestic abuse due to the welfare benefits provided by the Government. Finding a balance between public and victim’s interest may be a more suitable approach, rather than ignoring one group. But as the recent discussions have shown us, reaching a balance is harder than we thought.
Differences Between Violence and Abuse
The linguistic changes, although diminutive, are a good example of a balance being reached between public and victims’ interest. Our language essentially mirrors our perspective and understanding of domestic abuse. This is why the introduction of a clear legal definition of ‘Domestic Abuse’ is significant. There are semantic differences between ‘violence’ and ‘abuse’, the latter accepting the broad nature of this act, whereas the former limits abuse to mere physical acts. The Law’s shift away from ‘violence’ helps clarify the nature of this act.
“Rather than hearing the victims and acting in their interest, the changes in the Law ignore the voice of the victims and instead reflect the views of a contemporary society. The Act is essentially silencing the victims whilst upholding the dominant societal view.”
Reet Kaur, llb graduate from newcastle law school
Confusion around the term ‘violence’ arising in Yemshaw v Hounslow LBC [2011] led to the public asking one simple question: why not just use the term ‘abuse’? Therefore, a shift from the use of ‘violence’ to ‘abuse’ is a positive reflection of society’s broad perception of domestic abuse. The new definition also strengthens the relationship between the Law and the victims by legally recognising ‘intimacy’ as a characteristic of domestic abuse. Domestic abuse is the misuse of an intimate relationship. It exploits the self-discovery, freedom, and autonomy that an intimate relationship should provide.
Scholars, such as Herring and Reece, have contrasting views on whether domestic abuse is a form of an intimate relationship. However, this is not something that should be up for discussion as victims of abuse predominately view it as a form of an intimate relationship. Since societal views are conflicted on the intimacy aspect of this relationship, recognising intimacy successfully mirrors the victim’s perception of the relationship.
Providing Safer Accommodation
The Government’s aim of providing safer accommodation is where the balance of interest has clearly not been reached. Struggles with providing accommodation are no secret. Prior to the pandemic, refugees in England were already struggling to obtain accommodation. The bed spaces in England were 30% below the recommended number. The increase in domestic abuse cases following the onset of the pandemic means even less bed space for the victims. Yet, the bill does not tackle the limited space and instead encourages victims to seek refuge. For instance, the increased longevity on the Domestic Abuse Protection Order will allow victims to engage with better support but it will also encourage them to explore accommodation services. Encouraging victims to seek refuge is great, except what bed will these victims sleep on after doing so? Clearly, the Act has some more work to do!
Whilst discussing safer accommodation, the Government also missed the opportunity to address the difficulties in obtaining the Occupation Order. This order excludes or prevents perpetrators from returning to their houses. In theory, this sounds great because the victim should not have to leave their home, especially since the perpetrator is the problem. However, in practice, this is unlikely to happen as removing an individual from their property is quite difficult. This is not surprising because English law loves its land law rights! After all, an ‘Englishman’s home is his castle’.
Nevertheless, the difficulty in obtaining this order inevitably puts a strain on the accommodation services. Victims are left to decide whether to seek accommodation or continue living with their abuser. In R v Dhaliwal [2006] the victim had failed to obtain this order, continued to live with her abuser and unfortunately committed suicide. So, it is not an easy choice and if the victim chooses to stay, the abuse may become more unbearable. Failure to address this order leaves a fragile relationship between the victims and the Law. The Law must make this order more accessible. The appreciation for land law rights should not come at the cost of victims’ freedom.
Sadly, the Government also failed to tackle the difficulties migrant women face when they seek refuge. Nearly 80% of migrant women are turned away from accommodation due to their immigration status which is one explanation for why they are 1.5 times more likely to stay quieter than British women. Step Up for Migrant Women and other organisations have been campaigning for these changes but have had no luck so far. Victims should not have to fear that their personal data will be shared with the Home Office if they speak up!
By way of conclusion, domestic abuse is a matter of human rights, and the English Law should view it as such. One’s immigration status or the abuser’s land law rights must not outweigh the victim’s voice. So, although significant changes have been made, there are still strides to be made in the reformation of domestic abuse law.