Domestic abuse perpetrators are manipulating the justice system to extend their control over victims, so concludes a new major report published by Centre for Women’s Justice today.
The report, Double Standard: Ending the unjust criminalisation of victims of violence against women and girls, exposes how victims of domestic abuse and other forms of violence against women and girls (VAWG) are unfairly arrested, prosecuted and convicted in relation to offences arising from their experience of abuse.
The report, which is launched today, reveals how victims of male violence are being unjustly criminalised when they use force against their abuser in self-defence, where they are coerced by their abuser into offending, or where they offend under duress of circumstance.
Based on evidence from 18 case studies, round table discussions with expert practitioners and new research on the defence of duress, the report sets out compelling evidence in support of a complete overhaul of the criminal justice system. It also reveals how Black, Asian, minoritised and migrant victims are disproportionately impacted. The report draws on existing research, which shows overwhelming evidence that the majority of women in prison and otherwise criminalised have been victims of some form of male violence. Naomi, a domestic abuse survivor, comments in the report:
I am being punished by the system that was supposed to be there to help and protect me.
Current legal defences do not protect survivors of domestic abuse from prosecution or conviction when they are driven to offend, and failings in practice mean that decisions to arrest and prosecute victims do not take proper account of the context of abuse in which offending sometimes takes place.
The report, which makes a series of far-reaching recommendations for reform of the law and police, prosecution and court system practice, will be launched at a summit meeting on Tuesday 29 March chaired by Dame Vera Baird QC, Victims’ Commissioner, and Nicole Jacobs, Independent Domestic Abuse Commissioner, at which government ministers, shadow ministers and leading criminal justice practitioners will respond.
Harriet Wistrich, Solicitor and Director, Centre for Women’s Justice, said:
“While convictions for domestic abuse and sexual offences plummet, we see victims of abuse unfairly prosecuted time and time again for offences that arise directly from their experience of abuse and exploitation.”
The Victims’ Commissioner for England and Wales, Dame Vera Baird QC, said:
“This important report highlights how victims of violence against women and girls can themselves become criminalised where criminal justice agencies fail to understand or properly explore the context for their offending. Urgent action needs to be taken by the government, the police and the Crown Prosecution Service to make sure we break this cycle of victimisation.”
The Independent Domestic Abuse Commissioner for England and Wales, Nicole Jacobs, said:
“Far too often I hear from domestic abuse victims and survivors who have been coerced into offending by perpetrators and then unfairly criminalised. It is for this reason that I have consistently campaigned for the creation of a statutory defence for victims and survivors of domestic abuse, in recognition of the extreme coercion and trauma that can lead to offending.
“Statistics show that at least 57% of women in prison and under community supervision are the victims of domestic abuse.
“We need to see a much better understanding of domestic abuse throughout the criminal justice system, so magistrates and judges fully appreciate the wider context before sentencing victims.”
The Rt. Rev. Rachel Treweek, Lord Bishop of Gloucester and Bishop for Prisons said:
“Criminalising women who are driven to offend as a result of abuse perpetrated against them is a great injustice. Root and branch reform is needed and we must continue to shine a light to ensure these survivors are both seen and heard, and receive the help they need to rebuild their lives.”
A CPS spokesperson said in response to the Double Standard report:
“We have huge sympathy for victims of violence and domestic abuse. Protecting vulnerable victims is paramount, which is why victim support is at the forefront of every stage of a prosecution.
“We are updating our legal guidance, so our prosecutors have the tools to challenge damaging stereotypes and misconceptions and help prevent victims from being further exploited.
“Now more than ever it is vital we work together to tackle violence against women and girls and the CPS remains committed to playing our part. We are already taking steps to improve every aspect of how a case is handled, but accept more is needed and will consider these recommended actions carefully.”