1. Law Works Webinar: Domestic Violence Hilary Fisher
Director of Research, Policy and Campaigns

2. Women’s Aid is the national charity for women and children working to end domestic abuse

3. Public awareness campaigns Education Training Working in partnership
The 24 Hour National Domestic Violence Helpline (run in partnership by Women’s Aid and Refuge) receives an average of 493 calls a day
Last year we referred over 11,400 women and their children to refuge accommodation
Public awareness campaigns Education Training Working in partnership
220 member organisations in our national federation running over
300 services across England

4. What is domestic abuse? It can include:
An incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, by a partner or ex-partner
It is very common
It exists as part of violence against women and girls; which also includes different forms of family violence such as forced marriage, female genital mutilation and so called “honour crimes” that are perpetrated primarily by family members, often with multiple perpetrators
It can include:
Coercive control
Psychological and/or emotional
Physical
Sexual
Financial
Emotional
Harassment
Stalking
Digital and online abuse
WA definition differs slightly to government definition
Domestic violence often includes a range of abusive behaviours, not all of which are, in themselves, inherently 'violent' - hence some people prefer to use the term 'domestic abuse' rather than 'domestic violence‘.
Government definition:
Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to:
psychological
physical
sexual
financial
emotional

5. Domestic abuse
Is a gendered crime rooted in the inequality between women and men
Any woman can experience domestic abuse
In terms of scale, scope, range of abusive behaviours and in the repeated pattern of abuse the vast majority of perpetrators are male and victims are female.
In CPS VAWG crime report where gender was recorded:
92.1% defendants were male and 7.9% female
83.3% victims were female and 16.7% male.
Some women who experience other forms of oppression and discrimination may face further barriers to disclosing abuse and finding help

6. Duluth Power and Control Wheel A visual tool to explain domestic abuse and the overall pattern of abusive and violent behaviours

7. Key statistics
The police receive a call every 30 seconds from a victim of domestic violence (HMIC 2013)
Between 1 April 2015 and 31 March the National Domestic Violence Helpline answered 32,066 calls from survivors (current and historical). 8,032 of those survivors were seeking a referral into a refuge. 15,528 callers were currently experiencing physical abuse
Domestic violence accounts for 8% of total crime, 33% of all recorded assault with injury and 49% of all recorded harassment crimes (HMIC 2013)
2 women a week are killed in England and Wales by a partner or ex-partner.

8. The majority of women do not report domestic abuse to the police

9. Barriers to reporting These include: Fear of not being believed
Stigma attached to being a victim of domestic violence
Threat of harm to their children by the perpetrator
Fearing of losing their children – a threat used by perpetrators
Having to pursue the case through the criminal justice system if they reported the violence to police
Lack of understanding and compassion from the police
Lack of training and understanding in the justice system
“In my experience they [the police] have made the whole experience difficult and have been slow and useless in gathering evidence. The Police need more training in handling domestic abuse cases, perpetrators and victims AND there needs to be a meaningful way in which they can be made accountable in their mishandling of cases.”

10. The new coercive control offence
The Serious Crime Act received royal assent on 3 March 2015
Came into force 29 December 2015
Closes a gap in the law around patterns of controlling or coercive behaviour that happen during a relationship
Laws on stalking and harassment do not apply to controlling or coercive behaviour that takes place in an ongoing intimate relationship
“Not only is coercive control the most common context in which [women] are abused, it is also the most dangerous.”
Evan Stark (2007)

11. Coercive and controlling behaviour is defined as:
“Coercive control keeps you quiet. It makes you into a puppet. It appears to be normal behaviour, but the constant presence of it and the repetitious nature makes it something very different than a bad mood. A look is enough to keep you quiet and in line, but barely able to breathe.” (Survivor of domestic violence)
Controlling behaviour
a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour
Coercive behaviour
an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim

12. For the offence to apply:
“Coercive or controlling behaviour does not relate to a single incident. It is often a purposeful pattern of incidents which takes place over time in order for one individual to exert power, control or coercion over another.”
[Home Office Statutory Guidance, 2015]
The controlling or coercive behaviour must take place “repeatedly or continuously”
The pattern of behaviour has to have a “serious effect” on the victim (at least two occasions)
The behaviour must be such that the perpetrator knows or “ought to know” that it will have a serious effect on the victim
The perpetrator and victim have to be personally connected when the incidents took place

13. Evidence?
Copies of s, phone records, text messages
Evidence of abuse over the internet
Evidence of an assault, photographs of injuries
999 tapes or transcripts
CCTV
Body worn video footage
Records of interaction with services
Witness testimony
Local enquiries: neighbours, etc.
Bank records to show financial control
Previous threats made to children or other family members
Diary kept by the victim
Victims account of what happened
“Financial abuse was so hidden and accepted – superficially it looked as though ‘this woman has a job so she’s fine’ – they don’t look at that side at all.”

14. Criminal justice process
Domestic violence prosecutions increased in with 75,235 convictions, a 74.5% conviction rate
However many survivors find the court process intimidating and feel unsupported, victimised, say it takes too long, they get limited information and are concerned for their safety
Concern that sentences are too lenient and do not prevent reoffending, frequently not given custodial sentences
Lack of joined up working between the criminal justice system and the civil courts where family matters are dealt with
Specialist services can provide support for women in court process, including Domestic Abuse Advocates.

15. Family Courts Nineteen child homicides
An investigation into cases where 19 children had been killed by a perpetrator of domestic abuse during, or as a result of, unsafe child contact between January and August in England and Wales
All 12 fathers were known to statutory agencies as perpetrators of domestic abuse
For 12 of these children contact with the perpetrator (their father) was arranged in court

16. Recommendations
Stop avoidable child deaths, put children first in the family courts
Implementation of Practice Direction 12J- Child Arrangements and Contact Orders: Domestic Violence and Harm
Make the family courts fit for purpose – special measures available
High quality training - our report found lack of understanding of gendered nature of domestic abuse, coercive control, and way that perpetrators of domestic abuse use contact as a vehicle to continue abuse
Government must challenge the dominant ‘contact at all costs’ culture within family court system to ensure the child is always put first
We are calling on the Government, all family courts professionals, and involved agencies to make the family court process safer for women and children survivors of domestic abuse.

17. Interviewing victims Survivors want: When interviewing:
Many survivors are traumatised as a result of domestic violence and abuse.
Significant numbers develop Post Traumatic Stress Disorder (PTSD).
Domestic Violence has a long term impact on physical safety and health and well-being.
Survivors want:
To be treated with respect
Be believed
To get help for them and their children
An understanding that that abuse is universal; is more than physical assaults; is about power and control and affects the whole family and how hard it is to disclose
When interviewing:
Give opportunities for safe disclosure
Respond sensitively and appropriately
Listen to survivors and be willing to believe them
Be non judgemental
Support at an appropriate pace for them
Be calm and empathetic

18. A strengths-based, needs-led model that supports domestic violence survivors and their children to build resilience, and leads to independence.