Domestic Violence in the UK - Research Paper Example

Domestic Violence in the UK Abstract A brief history of domestic violence and domestic violence law and legislation in the United Kingdom is presented. Then a summary of the most current research into domestic violence, its prevention and interventions is outlined. Subsequently, the contents and significant policy changes embodied in the Domestic Violence, Crime and Victims Act, 2004 is considered. Then the operation of the Domestic Violence, Crime and Victims Act, 2004 in practice since 2004 is addressed. The author concludes that the Domestic Violence, Crime and Victims Act, 2004 is wider-ranging than previous legislation but that the principle barriers to policing and preventing domestic violence are not legislative but social and related to enforcement and support and services for victims. 1 Introduction On Tuesday May 25, 2010, the BBC carried a small news item about a verbal gaffe committed by new MP Owen Smith. It reported that, “Owen Smith, the Labour MP for Pontypridd, wrote in an online article: 'Surely, the Liberals will file for divorce as soon as the bruises start to show through the make-up?' Women's groups criticised him for using 'a fairly tasteless analogy'.”1 The idea of a new MP having to retract a remark is certainly nothing new. However, the analogy, truly tasteless, speaks volumes about the contradictory status of domestic violence in contemporary society in the United Kingdom. On the one hand there is a growing awareness of the tragic frequency of domestic violence, of the range of behaviours that can be categorized as domestic violence, and of the wide-ranging and severe consequences of domestic violence. On the other, there remain significant questions as to whether or not the criminal justice system is adequately equipped to deal with the crime of domestic violence and its victims. According to a government website domestic violence is simply, yet broadly, defined as, “violent behaviour of any kind within a family or a relationship. This includes one family member abusing another or violence between a couple in a relationship. … If you're constantly being sworn at, teased or told that you're unwanted, this may also be classed as emotional abuse.”2 Worthy of note is the fact that domestic violence may be physical violence, but is not restricted to physical violence and also includes emotional, mental and psychological abuse as well as marital rape. Turning to the larger perspective domestic violence is also incredibly expensive in macroeconomic terms. According to The Guardian, “the cost to business alone - through absence, loss of productivity and rapid turnover of employees - is estimated at £2.7bn. The cost to the public sector, in terms of medical and social services, was a further £3.1bn.”3 On every level from the individual and the family to the macroeconomic domestic violence has a deep and profoundly negative impact on society in the United Kingdom. Recognizing the prevalence, broad-ranging definition and profound consequences of domestic violence the following brief discussion will focus on this subject with emphasis on the Domestic Violence, Crime and Victims Act, 2004.4 Initially a brief history of domestic-violence and domestic violence law and legislation will be presented. Then a summary of the most current research into domestic violence, its prevention and interventions will be outlined. Subsequently, the contents and significant policy changes embodied in the Domestic Violence, Crime and Victims Act, 2004 will be outlined and the strengths and weaknesses of the legislation will be considered. Then the operation of the Domestic Violence, Crime and Victims Act, 2004 in practice since 2004 will be addressed. Finally, a concluding section will draw these various threads of argument together. The History of domestic violence in the U.K. 1. A brief history of domestic violence and domestic violence law in the U.K. In the last twenty-five years domestic violence legislation and practical responses to it have evolved substantially in the U.K. In 1986 the Home Office signaled that a change in policing of domestic violence was essential. As a result a significant 'Circular to Chief Constables' was issued in 1990 and subsequently updated in 2000. womensaid.org.uk summarizes these documents thusly:5 It also specified the central features that should be included in any force policy statements: the overriding duty to protect victims and any children from further abuse the need to treat domestic violence at least as seriously as other forms of violence the use and value of powers of arrest the dangers of conciliation between victim and offender the need to establish effective recording and monitoring systems. The Circular reminded officers that the primary duty was to protect the victim and any children, and then consider what action should be taken against the offender. Briefly, these documents enunciated the fact that domestic violence is assault, that arrest of perpetrators is appropriate and protection of the victims is paramount. Historically, three pieces of legislation from the late twentieth-century are of particular relevance. The Crime and Disorder Act 1997 recognized that domestic violence (among other offenses) could not be dealt with or even detected by the criminal justice system operating in isolation. According to womensaid.org.uk, this “Act placed a duty on local authorities and the police to work together with other agencies. … to develop inter-agency responses to domestic violence and improve service provision across agencies such as health services, specialist domestic violence services (refuges and outreach services), housing authorities and many other statutory and voluntary sector agencies.”6 In the same year, the Protection from Harassment Act was passed. It acknowledge that domestic violence did not only occur between co-inhabitants and that intimate partners who did not necessarily reside together could still be perpetrators and victims of domestic violence. It shifted the emphasis on the definition of domestic violence from cohabitation to intimate partners or previously intimate partners. Finally, also in 1997 the Protection from Harassment Act 1997 became law:7 The Protection from Harassment Act 1997 introduced measures for protection under both the criminal and civil law, and also provides a link between criminal and civil law.  The provisions include two criminal offences: the offence of criminal harassment (under s.2, a summary offence, tried in the magistrates’ court) and a more serious offence involving fear of violence (under s.4, triable either as a summary offence, or as an indictable offence in the crown court). Together these three pieces of disparate legislation demonstrated a growing awareness that domestic violence was a serious offence, one that had been treated too lightly in the past, and one that demanded a comprehensive or holistic approach. In statistical terms and in the broadest perspective the following general assertions can be made about domestic violence. “Violence towards an intimate partner is a global phenomenon that causes misery, distress and loss of life in families and communities throughout the world,” according to the World Health Organization.8 In the United Kingdom, according to the Croydon Family Justice Centre, “Latest statistics show that domestic violence accounts for 16% of recorded crime, has more repeat victims than any other crime (on average there will have been 35 assaults before a victim calls the police) and will affect one in four women and one in six men in their lifetime.”9 According to the Home Office it causes more morbidity than war, motor vehicle crashes and cancer in women between the ages of 19 and 44 years.10 2. Recent reviews and research into domestic violence Recent research into the issue of domestic violence in the United Kingdom has tended to emphasize the varying social contexts of domestic violence and the uniqueness of each individual case. However, there have also been a series of studies that have produced evidence of significant commonalities amongst both offenders and victims. In 2006 Andrea Finney, reporting on British Crime Survey (BCS) statistics identified two types of domestic violence as it relates to heterosexual adults. These were, “Partner abuse (non-sexual): non-sexual emotional or financial abuse, threats or physical force by a current or former partner” and “Sexual assault: indecent exposure, sexual threats and unwanted touching (‘less serious’), rape or assault by penetration including attempts (‘serious’), by any person including a partner or family member.”11 Historical research also presented a constellation of other essential findings: • Long term trends in violent crime as measured by the BCS, have shown a significant decline since their peak in 1995, in particular there have been large falls in both domestic and acquaintance violence. Between 1995 and 2004/05, domestic violence has fallen by 59 per cent and acquaintance violence has fallen by 54 per cent. • A half of women (50%) and a third of men (35%) who had experienced intimate violence since the age of 16 had experienced more than one type of intimate violence in that time. • Among intimate violence victims, two in five women (40%) and almost a third of men (31%) had experienced some form of intimate abuse by offenders of more than one relationship type. Commonalities also exist amongst offenders. Another Home Office report concluded that there are two classes of offenders:12 The research identified two types of domestic violence offender: ‘Borderline/emotionally dependent’ offenders – they had high levels of jealousy and stormy, intense relationships, high levels of interpersonal dependency, high levels of anger and low self-esteem. ‘ A n t i s o c i a l / narcissistic’ offenders – they tended to have hostile attitudes towards women, low empathy and had the highest rate of alcohol dependence and previous convictions. Gilchrist et al. also identified a direct link between alcohol use and abuse, and domestic violence: Offenders are commonly impaired or under the influence of alcohol at the time of the offence and frequently have a history of alcoholism. This finding has been reinforced by other research. Finney's key findings reiterated the plethora of evidence connecting. Briefly:13 32% of incidents of intimate partner violence were committed when the perpetrator was under the influence of alcohol. … Alcohol abuse is common among perpetrators and ‘problem’ drinking predicts intimate partner violence over time. … Alcohol is likely to contribute to intimate partner violence in a variety of ways. Levels of consumption relate to the likelihood and severity of violence. Alcohol appears to be particularly important in escalating existing conflict. Overall, therefore, certain key commonalities can be identified. Victims of domestic violence are likely to be victims of multiple types of domestic violence and multiple incidents. Perpetrators are likely to be male and victims female. Perpetrators are likely to have been impaired at the time and have a history of drug and/or alcohol abuse. Finally, perpetrators are likely to be defined, in psychiatric terms as ‘Borderline/emotionally dependent’ offenders or ‘Antisocial/narcissistic’ offenders. Beyond these broad brushstrokes of similarity a host of differences exist particularly with regard to the characteristics of victims and the appropriateness and nature of various interventions. Unusually, in historical terms, it is emerging that men are often the victims of domestic violence perpetrated by heterosexual female partners.14 Reflecting the increasing diversity of society in the United Kingdom recent research also indicates that refugee women may be particularly vulnerable to domestic abuse.15 Reasons for this may include cultural acceptance of domestic violence; cultural acceptance of arranged or forced marriages and genital mutilation; fear of the police and an unwillingness to report domestic violence; and, language or cultural barriers that make accessing support services difficult. womensaid.org.uk research indicates that Black and Minority Ethnic (BME) community members whether refugee or born in the United Kingdom are also less likely to report domestic violence: Black women, in particular, are less likely to call the police if they fear racism against themselves or their partner. Racist stereotypes, lack of interest in the needs of women from Black and Minority Ethnic communities, and racist immigration laws mean that BME women may often be reluctant to call the police; and research shows that, for some women doing so, yet more problems resulted – to the extent that they were sometimes themselves assaulted or threatened with arrest. In other words, the nature of the victim as much as the legislation and laws or the characteristics of the offender seem to have a profound impact on reporting offenses and pursuing redress through the criminal justice system. 3 The Domestic Violence, Crime and Victims Act, 2004 The Domestic Violence, Crime and Victims Act 2004 attempted to codify the advances in understanding of domestic violence.16 As the title states it tried to address changes in three spectra—the definition of domestic violence, its criminal nature and the needs of victims. To this end it increases the protection, support and rights of victims and witnesses, and gives the police and other agencies diverse tools and approaches to address domestic violence. In order to provide greater safety to victims and allow police greater flexibility in response to domestic violence it makes 'common assault' an arrestable offence in the context of domestic violence. In a similar vein, with the judiciary, it is possible for a restraining order to be imposed even if the offender is found innocent. A judge, lacking the evidence to convict a person for domestic violence can still, if a risk of danger is believed to be present, constrain the behaviour of the accused in regard to that defendant and prohibit them from any behaviour that could be construed as intimidating or threatening such as attending at their workplace or arriving at their home unannounced and uninvited. This provision was clarified and strengthened in 2009 when Sections 12 and 13 of the Domestic Violence, Crime and Victims Act 2004 came into effect. According to a Home Office circular, “From 30th September 2009 when sentencing for any offence the court will be able to make a restraining order for the purpose of protecting a person from conduct which amounts to harassment or will cause a fear of violence. On acquittal for any offence, the court will be able to make a restraining order if the court considers it necessary to protect a person from harassment.”17 It also increases the scope of the term victim in the context of domestic assault. Historically, the victim of violence is the individual that is the target of violence and is harmed directly and physically by it. Under the Domestic Violence, Crime and Victims Act 2004 this traditional definition is expanded. If a parent watches their partner abuse their child, that parent although not directly and physically threatened and harmed, can be determined to be a victim of domestic violence. According to womensaid.org.uk, “‘Actual bodily harm’ has now been defined by case law to include shock and nervous conditions, suggesting that more recognition is now being given to the psychological effects of abuse both directly and indirectly on the survivor/victim.”18 The scope of judicial discretion has also been enhanced in two other important ways. Alternative sentencing, covering a host of options from education to paying compensation are now in the courts' hands when they are considering sentencing for convicted offenders. Equally importantly, outside the legislative and judicial realms the holistic nature of domestic violence is being recognized and a wide range of alternative services and interventions are now frequently deployed to deal with domestic violence. One of the first, most comprehensive and largest is the Croydon Family Justice Centre in the London Metropolitan Area. The Centre's website provides a comprehensive outline of the programs it offers, its focus on comprehensive victim services, and the manner in which it cooperates with and augments the courts:19 The centre addresses the full range of social, welfare, economic, safety, accommodation, criminal and civil justice needs of individuals living with or escaping from abuse. Importantly, it is a safe place where victims of domestic violence, family violence, elder abuse, children and extended families can receive all the help they need to rebuild their lives. It also plays a role in supporting the success of the courts in Croydon. These are crucial to bringing more abusers to account for their actions. Together, we hope these services will: reduce the number of domestic/family violence murders and serious incidents reduce incidents of child and elder abuse end homelessness caused by domestic violence increase the options available to victims provide culturally sensitive services hold abusers accountable by co-ordinated monitoring. The Croydon Family Justice Centre is but one of a variety of initiatives that have been developed. In Avon and Somerset an example of another alternative initiative is available. There the emphasis has been on Specialist Domestic Violence Courts (SDVC). These courts employ specially trained magistrates and courtroom officials. Victims have a separate waiting area away from the public and their alleged perpetrators and the support of a Witness Care Unit (WCU). Overall, “The main benefits of the courts are their effectiveness in helping trials reach a successful outcome as well as aiming to provide a less traumatic experience for victims from the moment they report their situation to the police right through to their day in court.”20 Additionally, throughout the country the network of sexual assault referral centres (SARCs) has expanded with £4 million being invested into SARCs and other voluntary sector counseling and support services for victims of sexual crime. To this end in 2009 the Department of Health released, the Revised National Service Guide: A Resource for developing Sexual Assault Referral Centres. “It highlights the minimum elements essential for providing high-quality SARCs for victims of sexual violence and sexual abuse, including forensic medical examination.” Throughout the document emphasizes the importance of continuity between the police, the justice system and social services agencies. It also highlights the importance of government agencies cooperating with and complimenting non-governmental agencies to provide a continuum of services of victims of sexual assault in general and domestic violence as well.21 Since the introduction of the Domestic Violence, Crime and Victims Act, 2004 responses to domestic violence have been revolutionized. These changes have included greater authority to local officers to detain or arrest suspects; more powerful tools in the hands of the judiciary when disposing of cases and an emphasis on victim and witness services in an effort to increase reporting and ease the victims and witnesses through the criminal justice process. The Domestic Violence, Crime and Victims Act, 2004 changed the legal framework for dealing with domestic violence but that has been only one-element of a multifaceted approach to domestic violence that has emerged in the United Kingdom in the last five years. 4 Conclusion This discussion began with consideration of Owen Owen Smith's tasteless remark, 'Surely, the Liberals will file for divorce as soon as the bruises start to show through the make-up?' So to it wil conclude with revisiting that remark. That domestic violence and attempts to mask it were considered a subject for playful, political analogies reveals the generalized malaise that has traditionally affected society in the United Kingdom in the context of domestic violence. It is this dismisive attitude towards both the crime and the victims that is at the root of the United Kingdom's problems dealing with the issue. The Domestic Violence, Crime and Victims Act 2004, represented huge strides forward in terms of the legal status of the crime and the tools available to both the police and the judiciary in dealing with it. It became easier for the constabulary to arrest suspected perpetrators and suspects found not guilty could still be subject to restraining orders if the courts saw fit. A greater emphasis was placed on the rights of victims and witnesses and questions of alternative justice and compensation were addressed. All of these strengthened the legal framework around the crime and the victim. However, as womensaid.org.uk stated, “Domestic violence cannot, by its nature, be dealt with effectively under the criminal law alone.”22 It is in these extra-judicial areas that the greatest progress has been made, and will continue to be made in dealing with domestic violence. The syndrome of blaming the victim, the reluctance of victims to address their situation publicly, the stigma must all be addressed before victims will feel comfortable confronting their victimizers within the adversarial criminal justice system. Similarly, once victims have entered the criminal justice system their journey through the system must be facilitated by appropriately trained court officials, social workers and other resources before the courts will have a chance to address the problem. References Allen-Collinson, Jacquelyn (2009) “A marked man: female-perpetrated intimate partner abuse”. International Journal of Men's Health 8.1 (Spring 2009): p22-40. Andrews, D.A., Bonta, J. and Hart, S.D. (1995). “The psychology of criminal conduct”. Political Psychology, 16(3), 657–659. Avon and Somerset, Criminal Justice Board. “Specialist Domestic Violence Courts (SDVC)”. Web. http://lcjb.cjsonline.gov.uk/Avon%20And%20Somerset/1387.html. Accessed 02 June 2010. BBC (2010) “MP Owen Smith sorry for domestic violence remark”, May 25, 2010. Web. http://news.bbc.co.uk/2/hi/wales/10156864.stm. Accessed June 1, 2010. Coleman, Catharine (2009) “Homicide” in Homicides, Firearm Offences and Intimate Violence 2007/08 (Supplementary Volume 2 to Crime in England and Wales 2007/08) 22 January 2009 02/09. David Povey (Ed.), Kathryn Coleman, Peter Kaiza and Stephen Roe. Web. http://rds.homeoffice.gov.uk/rds/pdfs09/hosb0209.pdf. Accessed 28 May 2010. Croyden Family Justice Centre. http://www.croydon.gov.uk/community/dviolence/fjcentre. Domestic Violence, Crime and Victims Act 2004 2004 CHAPTER 28 http://www.opsi.gov.uk/acts/acts2004/ukpga_20040028_en_1. Department of Health. (2009) Revised National Service Guide: A Resource for developing Sexual Assault Referral Centres. Web. http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/@ps/@sta/@perf/documents/digitalasset/dh_108350.pdf. Accessed 02 June 2010. Finney, Andrea (2006) “Domestic violence, sexual assault and stalking: Findings from the 2004/05 British Crime Survey”. Home Office Online Report 12/06. Web. http://rds.homeoffice.gov.uk/rds/pdfs06/rdsolr1206.pdf. Accessed 27 May 2010. Gilchrist, Elizabeth, Rebecca Johnson, Rachel Takriti, Samantha Weston, Anthony Beech and Mark Kebbell. (2003). “Domestic violence offenders: characteristics and offending related needs”. Web. http://rds.homeoffice.gov.uk/rds/pdfs2/r217.pdf. Accessed 01 Jun 2010. Hester, Marianne and Nicole Westmarland. (2009).“Tackling Domestic Violence: effective interventions and approaches”. Home Office Research Study 290. Web. http://rds.homeoffice.gov.uk/rds/pdfs05/hors290.pdf. Accessed 26 May 2010. Hirsch, Afua (2008) “Domestic violence costs Ƚ5.8 billion” The Guardian 25 November 2008. Web. http://www.guardian.co.uk/lifeandstyle/2008/nov/25/gender-economy-domestic-violence-women. Accessed 25 May 2010. Home Office. Domestic Violence. 2007. Web. http://www.homeoffice. gov.uk/crime-victims/reducing-crime/domestic-violence. Accessed 30 May 2010. Home Office. “Sections 12 and 13 of the Domestic Violence, Crime and Victims Act 2004” Web. http://www.homeoffice.gov.uk/about-us/home-office-circulars/circulars-2009/017-2009/. Accessed 10 Jun 2010. Martin, S.E. and Bachman, R. (1997). The relationship of alcohol to injury in assault cases in M. Galanter (ed) Recent Developments in Alcoholism. Volume 13: Alcohol and Violence: 41-56. New York: Plenum Press. McGarry, Julie. "Older women and domestic violence: Julie McGarry explains that domestic violence in later life is different to elder abuse, and older women who suffer domestic violence have limited options available to them." Nursing Older People 20.6 (2008): 10+. Academic OneFile. Web. 21 June 2010. Mirrlees-Black, C. (1999). Domestic violence: findings from a new British Crime Survey self-completion questionnaire. Home Office Research Study No. 191. London: Home Office. Quigley, B.M. and Leonard, K.E. (2000). “Alcohol and the Continuation of Early Marital Aggression.” Alcoholism: Clinical and Experimental Research, Vol. 24(7): 1003-1010 Research Society on Alcoholism. Roberts, G.L., Lawrence, J.M., O’Toole, B.I. And Raphael, B. (1997). Domestic violence in the emergency department: I – two case-controlled studies of victims. General Hospital Psychiatry, 19(1): 5–11. Robinson L, Spilsbury K (2007) Systematic review of the perceptions and experiences of accessing health services by adult victims of domestic violence. Health and Social Care in the Community 16, 1, 16-30. Sully, Phillipa. (2008) "Domestic violence and children: the case for joined-up working: the law and social policies in the UK have made it clear that domestic violence is unacceptable, but are health professionals lagging behind in their responses?" Journal of Family Healthcare 18.1 (2008): 9+. Academic OneFile. Web. 21 June 2010. Vennard, J. and Hedderman, C. (1998). Effective interventions with offenders. Part 111. Home Office Research Study No. 187. London: Home Office . White, H.R. and Chen, P-H (2002). Problem drinking and intimate partner violence. Journal of Studies on Alcohol, 63: 205–214. Women's Aid (2007) Older Women and Domestic Violence: An overview Women's Aid, London. World Health Organization (WHO). (2002)World Report on Violence and Health. Geneva: WHO, 2002. “Young People: Domestic Violence” http://www.direct.gov.uk/en/YoungPeople/CrimeAndJustice/TypesOfCrime/DG_10027680. Web. Accessed May 29, 2010. Read More