TW: This article discusses a distressing topic and details of domestic abuse.
New amendments to the Domestic Abuse Bill could see an increase in perpetrators facing prosecution.
A call from campaigners has led to necessary changes within the Domestic Abuse Bill to protect victims and prosecute abusers.
The Domestic Abuse Bill is seeing extra additions which are currently being discussed in the House of Lords. The amendments include the act of affecting another individual’s ability to breathe, becoming a criminal offence.
Non-Fatal Strangulation
Non-fatal strangulation is the act of affecting another person’s ability to breathe, which also includes forms of suffocation. A definition of this act outlined by the government “involves an abuser strangling or intentionally affecting their victim’s breathing in an attempt to control or intimidate them.”
Currently, this behaviour is covered by attempted murder and common assault, which itself has a maximum length of six months in prison. As it may leave no visible marks on the skin, the offence is difficult to prosecute. However, with the new law, offenders may spend up to 5 years in prison.
The new law and amendments have been campaigned for by a number of individuals including former victims’ commissioner, Baroness Newlove. Upon this news Dame Vera Baird QC, the current victims’ commissioner commented, said: “Non-fatal strangulation is the ultimate domestic terrorist tactic. The data shows us that this is urgent, it’s very dangerous, very prevalent and, currently, it is often ignored.”
The need for change in the bill has been brought up before however, the government revealed no intentions to change existing laws. Baird further commented: “It’s not about intending to kill, it’s about terrorising into submission.
“This is a crime which has massive consequences, and is a hugely powerful weapon, but has no place in the current criminal lexicon.”
Hopes of the amendment will see more abusers convicted for these terrifying acts of abuse, intimidation and control. These hopes are shared by Justice Secretary Robert Buckland who said: “There are too many violent offenders not getting sentences proportionate to the seriousness of their crimes because in many cases, prosecutors don’t have adequate charging options where the victim has been strangled.”
He also believes: “We are delivering the support victims need to feel safer while ensuring perpetrators face justice for the torment they have inflicted.”
New Laws
Other additions include controlling and coercive behaviours with the government realising the continued struggles upon and after separation. Living with a controlling or coercive partner will no longer be a requirement for this. 2015 revenge porn laws will also be widened to include the act of intentionally distressing an individual through the threat of disclosing intimate images.
Extra amendments will also involve the use of protective screens in courts, providing court evidence by video links and widening the evidence list through the form of letters to support the proof of abuse.
The Safeguarding Minister Victoria Atkins commented: “The Domestic Abuse Bill is a game-changing piece of legislation that will help millions of people who are subjected to many different forms of abuse.”
Government’s existing support during the first lockdown
This essential announcement and need for change come after the covid-19 pandemic lockdowns where data highlighted the struggles of those experiencing domestic abuse. In April 2020 the Home Secretary launched a campaign to raise awareness for those living in abusive relationships and how we as a society can support those and show solidarity. At the time, the government also boosted charity sector funding by £750m with a percentage of this going towards charities supporting those most vulnerable and domestic abuse helplines.
The news also follows the eye-opening Panorama documentary presented by Victoria Derbyshire titled ‘Escaping My Abuser’ which revealed shocking statistics and much-needed government support.
Neve Gordon-Farleigh
Photo by Sydney Sims via Unsplash. No changes made to this image. Image license found here.