A number of new amendments to the Domestic Abuse bill are to be presented for the bill’s third reading on Wednesday 24th March 2021. These amendments seek to both increase safety for those who have been victims of domestic abuse, as well as intensifying the punishments for the perpetrators of these acts.
Many of these amendments have been long fought, such as the inclusion in the bill of non-fatal strangulation as its own specific criminal offence, punishable by up to five years in prison. It has long been a concern for many survivors and advocates that perpetrators have avoided punishment for this specific act due to there often being little, if any, evidence of physical injury, making it difficult to prove ABH (Actual Bodily Harm) or similar crimes. Hopefully this amendment will be an enormous step forward in ensuring perpetrators can be proportionately punished for these acts and that their victims feel sufficiently protected and recognised by the law.
In addition to this, the amendments also propose a strengthening in the legislation around Controlling or Coercive Behaviour (CCB). Where previously in order for CCB to be identified parties had to co-habit, now the abuser and victim can live entirely separately. In a recent Government review, it was identified that survivors who leave and/or separate from abusive partners are often subject to continuing or even increased levels of CCB and with the previous legislation leaving those in that position unprotected.
Finally, laws regarding online sexual blackmail, otherwise known as “revenge porn laws” that were introduced in 2015 are also going to be both widened and strengthened. These laws will now include threats to disclose a person’s intimate images with the direct intention of causing that person distress, and not simply the act of disclosure or distribution itself. These acts/threats can now face sentences of up to two years in prison, as a result.
With hopes that these changes will not only allow survivors greater confidence in coming forward, but also deter potential perpetrators and further punish abusers, these amendments could have an immeasurable positive impact on the way in which we handle domestic abuse legally in the UK. They may also serve to further underpin the cultural sea change so that abusive behaviour is ‘called out’ and no longer tolerated. In the meantime, we await the third reading on Wednesday. Only time will tell if these changes do indeed have the positive impact that it is hoped they will.
If you have been affected by domestic abuse or controlling or coercive behaviour and you would like to discuss this and seek legal advice, then please do not hesitate to contact us for a free initial consultation on 07825 167785 or by emailing us at help@agaseelaw.com.