Consultation tackles notion of “typical” domestic abuse victim

The Crown Prosecution Service (CPS) has announced a consultation on revised legal guidance which aims to tackle the notion that there is a typical victim of domestic abuse.

The guidance lists a number of ways that victims can appear in a domestic abuse setting to help prosecutors challenge misconceptions and build the strongest possible case. The guidance has also been updated to include that any child witnessing domestic abuse will be treated as a victim.

Kate Brown, CPS Domestic Abuse lead said:

“Many people seem to have a fixed idea about what a domestic abuse victim looks like and what their circumstances are. They are wrong. This is a crime which affects both men and women from every walk of life.

But these damaging misconceptions can have a real impact on a case with some victims withdrawing from the process altogether. It is vital our prosecutors have all the tools to ensure every single stereotype is rightly and fairly challenged.

By understanding both the defendant’s behaviour and the devasting effect it can have, will help our prosecutors build stronger cases and offer better support to victims.”

The guidance explores common myths and stereotypes surrounding domestic abuse and victims of domestic abuse, including:

• Domestic abuse is a crime of passion; this romanticises domestic abuse and assumes the abuse is impulsive – wrongly taking responsibility away from the perpetrator.
• If the situation is so bad, why don’t they just leave; this stigmatises the victim and their circumstances rather than focusing on the actions of the perpetrators. It also disregards the elements of power, violence, control and humiliation in domestic abuse.
• Previous withdrawals of complaints or a reluctance to co-operate means victims lack credibility; this undermines the victims seeking support when in reality, they face a very difficult decision when deciding to report. However, the CPS can prosecute using evidence-led prosecutions rather than relying on victim testimony.

Kate Brown added:

“Domestic abuse in its many forms is a distressing, dangerous and heinous crime. Our prosecutors are determined to get justice for more victims.

Our policy statement sets out the clear actions we are taking to increase the number of prosecutions and convictions, including setting out the ways we work with police and exploring how we can make sure victims across England and Wales are receiving consistent treatment.”

The revised guidance also includes changes resulting from the Domestic Abuse Act 2021, including clarifying the position that the “rough sex” defence cannot be used as a defence and extending the existing revenge porn offence to include the threat of sharing private sexual images or films. A further change has been made regarding children so that any child who sees, hears, or experiences the effects of domestic abuse and is related to the victim or perpetrator will also be regarded as a victim.

The consultation may be accessed here and will end on 26th June 2022.