Domestic Abuse Act
In March 2020 the long-awaited Domestic Abuse Act 2021 was reintroduced by Parliament and received Royal Assent in April 2021. This new Act introduced the first ever legal definition of domestic abuse which includes abuse beyond physical violence such as controlling or coercive behaviour, financial abuse and emotional abuse which can now be extended to cover post-separation abuse for the first time ever. This Act was introduced to further protect millions of domestic abuse victims as well as implement stronger measures to prosecute perpetrators.
This new Act recognises the many types of abuse that a victim may suffer and moves away from the mistaken view that physical abuse is more significant than other types of abuse.
Here are some new ways the new Act will help victims:
The ‘rough sex’ defence has been banned and clarifies that a person cannot consent to serious harm or death.
Non-fatal strangulation has been introduced as an offence, which can now see offenders with up to 5 years’ imprisonment.
Extends the offence of sharing intimate images or videos to include threats to disclose such material.
Children who live in a home where domestic abuse takes places will also be counted as victims rather than “witnesses”.
Homeless victims of domestic abuse will be a priority for homelessness assistance.
Local authorities will have a duty to support and find safe accommodation for domestic abuse victims.
Victims will be placed on a priority need for housing with a secure tenancy to escape their abusers.
High-risk offenders may be subjected to a polygraph test as a condition of their license following their release from custody.
This Act also gives police new powers to provide victims immediate protection from abusers by implementing the Domestic Abuse Protection Orders and the Domestic Violence Disclosure Scheme (often known as “Clare’s Law”). This will include new measures such as allowing the police to disclose any previous domestic abuse offences committed by an individual. An enquiry can be made by their partner or by a member of the public who is concerned for the safety of a close friend of family member.
The Act allows for victims to be eligible for special measures in Criminal, Family and Civil Courts. Abusers will no longer be allowed to directly cross-examine their victims in Court to avoid the victim feeling intimidated. Instead, victims will be able to give evidence in private, through a video-link or from behind a protective screen.
With the Covid-19 pandemic and the ‘stay at home rule’ the national domestic abuse helpline, Refuge, reported a 61% increase in calls since the start of the pandemic in March 2020. This new Act will bring a very much needed change and a welcome relief to many victims.
If you require additional information or legal assistance, please do not hesitate to contact the Family Law Team at MJP Law on 01202 842929 or email info@mjplaw.co.uk
