Domestic violence is usually perceived as acts or aggressive behaviours from one person towards someone else in a relationship that result in physical scars or harm, and can also include threats of abuse.
For years, domestic violence in a relationship in the form of controlling behaviour went undetected. This behaviour could go on for years, stripping victims of their self-worth and confidence. Examples include controlling who a victim speaks to, limiting access to resources like money and what they spend it on, and how they live their lives. This behaviour is often not recognised for what it is – abusive. Subtle patterns of controlling behaviour were only recently (2020) acknowledged by society, and indeed the justice system, as being a genuine form of domestic violence.
It was during the Pandemic when national lockdown and restraints on where people could go prevented victims from escaping their perpetrators. They were trapped with the very person who inflicted this behaviour under the radar of any concerned family or friends, leaving no opportunity for the victim to raise a warning for help.
The Domestic Abuse Act 2021 was a landmark piece of legislation and was instrumental in delivering a much-needed change in societal responses to domestic abuse. It introduced provisions in housing, health and proper processes within the family courts that reflected the diversity of survivors’ needs when trying to leave their situations, as well as the insidious nature of domestic abuse that often permeates every aspect of a victim’s life.
Following the Act, coercive control has now been clearly defined as domestic abuse. It provides a framework for how victims of domestic abuse should be supported throughout the justice system and moving forward in their recovery. A Domestic Abuse Commissioner was appointed to oversee this at Government level, and there is now training for police and professionals at ground level responsible for supporting victims in the first instance following a report of this abuse.
Still, there are many misconceptions about domestic abuse, such as it automatically ending when a victim leaves or ends a relationship. It is widely accepted that particularly coercive and controlling behaviour can continue long beyond the end of a toxic relationship. Additionally, not many people understand that domestic abuse affects men as well as women. Research from Mankind states that one in three victims of domestic abuse are male, and according to 2022/2023 ONS statistics, one in seven men (13.9%) will be a victim of domestic abuse in their lifetime. This is less discussed as men are less likely to report a crime when they are victims of domestic abuse.
It is also sometimes forgotten that the effects of domestic abuse can creep into the workplace. Employers have a duty of care towards their employees and with domestic abuse an unfortunate part of society, there is a need for organisations to be fully trained on how to deal with vulnerable people, such as victims of domestic abuse. They should be trained to recognise the signs of abuse as early as possible to help protect victims and prevent future and more serious harm.
The criminal and family justice systems have taken great steps toward recognising domestic abuse and highlighting the different behaviours it covers, but there is still insufficient capacity for the courts to meet the significant number of requests it is faced with. So, one might ask, how is legislation actually working? The measures are further inhibited by a lack of basic infrastructure at Courts, which is often due to insufficient funding. In many cases, special measures simply cannot be implemented due to limited court facilities in outdated buildings.
The dire situation within Courts is also hindering the Qualified Legal Representatives (QLR) scheme, which is intended to prevent alleged victims being questioned in court by their alleged abuser. The result is that domestic abuse survivors continue to feel re-traumatised during the court process. In proceedings involving children, the presumption of parental involvement allows perpetrators to often continue controlling victims through the court system as a tool for their abuse.
Despite the Domestic Abuse Act being in law since 2021, it is clear funding and legislation alone will not suffice in the fight against domestic abuse. Around one in four women have experienced domestic abuse since the age of 16 and at least one woman a week is killed by a male partner or ex-partner. There needs to be a drastic shift in our approach to domestic abuse. Professionals in relevant sectors must be equipped with the knowledge of domestic abuse, in all its forms, to then be able respond effectively to victims. To do this, we need to coordinate a response that addresses the structural causes of domestic abuse and extends beyond the criminal justice system. Survivors of domestic abuse should be able to rely upon a system that ensures their needs are met and prioritises the safety of victims and freedom for all survivors.
