The landmark Domestic Abuse Bill has become a law after receiving Royal assent at the start of May 2021. While several significant amendments have been added to it, "rough sex" defence has been banned, non-fatal strangulation has become an offence and threats to share intimate images has become illegal.
For the first time in history there will be a wide-ranging legal definition of domestic abuse which incorporates a range of abuses beyond physical violence, including emotional, coercive, or controlling behaviour, and financial abuse.
Domestic abuse is a largely hidden crime, occurring primarily at home. Women or men often don’t report or disclose domestic abuse to the police (HMIC, 2014) and may under report domestic abuse in surveys, particularly during face-to-face interviews (ONS, 2015). In addition, prevalence estimates do not consider important context and impact information, for example whether the violence caused fear, who experienced multiple incidents and who experienced coercive controlling behaviour.
The Crime Survey for England and Wales showed that an estimated 2.3 million adults aged 16 to 74 years experienced domestic abuse till March 2020 (1.6 million women and 757,000 men), a slight but non-significant decrease from the previous year. But the police recorded 758,941 domestic abuse-related crimes in England and Wales (excluding Greater Manchester Police), an increase of 9% from the previous year.
Coincidentally, the act has been greenlit at a time when British Asian law graduate Mayra Zulfiquar, 24, was found shot dead in Lahore on May 3 after allegedly getting caught in a love rivalry between two locals who were allegedly her friends who were abusive, violent and were armed with AK-47 assault rifle. Her father has requested Pakistani Prime Minister Imran Khan to launch an investigation against the accused.
Overlooking plight of migrant women
Judging from the calls received on the Muslim Women’s Network Helpline, Shaista Gohir OBE, Co-Chair - Muslim Women’s Network UK is disappointed that the government continues to overlook the plight of migrant women. She said, “Women seem to not recognise non-physical abuse such as coercive control, economic abuse and emotional abuse. Even threats of issuing an Islamic divorce are a form of abuse. Last year we helped over 1200 women and girls.
“The other issue we have noticed is that women who are say British born and do have family to turn to are sometimes discouraged from leaving abusive situations and even on occasions sent back to their husbands. They are expected to suffer in silence. However, such attitudes are putting women at risk and every year women from South Asian backgrounds are being murdered by their husbands.”
Speaking her mind on the bill, Lady Kishwar Desai told Asian Voice, “I welcome the Domestic Violence Bill, because it considers many troubling aspects neglected in the past, such as mental and emotional aggression. In many Asian families the status of girl children and even adult women is often subservient from birth, and so this Bill will empower those who have been victims to seek justice. Yes, there will be always the difficulty of accusing those who were supposed to be caregivers, and there will be moments of self-doubt. I am convinced, however, that this Bill will create a space for discussion and a platform for speaking up. When issues are brought into the public space from behind closed doors, it does give courage to the most vulnerable. Young women will be able to evaluate the fact that they are the threshold of their lives — and would they like to live under constant fear and oppression or take a stand that enables their confidence and self-worth? A lot of supportive organisations and self-help groups are needed — but in this day of social media, these will emerge to provide support to all — regardless of gender. At least, victims will not feel, then, alone and abandoned.”
‘Violence against women is a choice’
Heather Harvey, a research and development manager at NIA (a charity working on all forms of violence against women and girls), thinks that it is shocking, and indeed racist, sexist and a breach of human rights, that the UK Government still seeks to exclude women with insecure immigration status or with no recourse to public funds from these protective provisions.
She said, “Many women of South Asian heritage may have married and come to the UK to live with their husband and in-laws and as such she has no recourse to public funds as it is deemed that her family should be able to cover all her needs. Creating this degree of dependency is something which puts her in real danger as the husband and in-laws have complete control and, in some cases, will abuse that power, abusing her with impunity knowing she is choosing between a roof over her head and both ostracism and destitution and/or deportation. We also need specialist women-only, and Black, Asian and Minority women’s services to support women appropriately.
“Trying to rebuild a life after domestic violence is excessively hard as ties, connections, support networks are ruptured, often women have nothing but the clothes they are wearing. Starting over costs time and money, takes a huge amount of administration, advocacy, and effort and this is very difficult when you have no secure income or safe accommodation and are still traumatised by the experience. It is not helpful either that so little in the way of free counselling is available. It is astonishing how resilient women prove to be and that they do manage to move on – often it is for the sake of their children that they find the courage. But what this points up too, is the need for specialist women-only and Black, Asian and Minority women’s services – again of which there is a great lack.
“It is most alarming that Courts often separate out the violence to the mother from the witnessing of it by the children and reach a conclusion that the father is still a good father to the children. Male violence against women is a choice and you can choose not to be a perpetrator,” she said.
Farah Nazeer chief executive at Women's Aid added, "We have seen results – strengthened protection in the family courts, recognition of children as victims, a guarantee that survivors escaping domestic abuse will be in ‘priority need’ for housing, a legal duty on councils to fund support in safe accommodation, and many more. However, the new Act has significant gaps, and not all women will be protected by the new law. Despite the tireless campaigning of Southall Black Sisters, the Step Up Migrant Women campaign led by the Latin American Women’s Rights Service and the End Violence Against Women Coalition, the government has failed to deliver equal protection and support for migrant women through the new law. All survivors must have the right to seek help and live a life free from abuse. We will continue to campaign for the law to protect all women and children from domestic abuse and provide safety from abusers regardless of immigration status." The Act now recognises children as domestic abuse victims, she added.
Financial abuse finally recognised
Talking about the financial abuse, Neelam Heera, Founder of Cystersgroup told the newsweekly, “I'm glad finally we recognise Financial abuse. We have seen countless times women being made to hand over their wages or take out loans in their names as part of controlling and coercive behaviour. This new bill gives women legal protection from me, so they don't feel trapped emotionally and financially with the perpetrators. Coercive control protection has been long awaited as it is this misogynist behaviour that has pushed people away from reporting this behaviour as it has been normalised over the years. Rough sex is also something the bill has covered. Far too any times have perpetrators got away with women's lives have been lost due to rough sex. In relation to housing it's important that this bill has also recognised that women fleeing domestic violence are seen as a priority when accessing services and housing. However, the bill fails to protect all women and migrant women are still being missed out as vulnerable groups that deserve to be protected by this bill. Precarious immigration status should not stop someone from accessing support and services following domestic violence it's adds to the narrative that their lives are less important when in fact we should be supporting all women.”
