News
Family lawyers claim new laws designed to punish perpetrators of domestic abuse may reduce the likelihood of offences being reported.
From 1 July this year, the
Domestic Violence Crime and Victims Act 2004 makes breach of a non-molestation or occupation order a criminal offence, punishable by up to five years’ imprisonment—currently it is a civil offence.
Resolution says the change may deter victims from reporting attacks or taking action if they know the perpetrator could end up with a criminal record.
Jane McCulloch, Resolution’s vice chair, says: “We are in no way playing down the devastating effects of domestic violence in all its forms. Neither are we questioning the good intentions of the legislators. But, first and foremost, the law should protect the victim rather than punish the perpetrator.”
McCulloch adds that the Act gives the criminal court the power to make restraining orders for any violent offence, even on acquittal. “The risk here is that, even when acquitted, the alleged perpetrator could be kept away from the family home with devastating effects on family relationships,” she says.
However, Baroness Scotland QC, the minister responsible for domestic violence issues, defended the legislation saying domestic violence must stop.
“We have more to do to urge women that the help is out there and they must come forward if they are a victim of this heinous crime,” she says.
