Essay
Critically analyse whether the Domestic Abuse Act 2021 will transform the legal response to domestic abuse.
- Module
- Family Law
- Institution
- The University Of Kent (UKC)
In depth response to title question. FIrst-Class mark.
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Critically analyse whether the Domestic Abuse Act 2021 will transform thelegal response to domestic abuse.
Domestic abuse (DA) has, unfortunately, always been an extremely prevalent issue
in our society – and historically, the law hasn’t done much to help its victims. Seen
as a private family matter where the state shouldn’t intervene, victims have often
been left with little to no legal protection. Even with attempts to end violence against
women, the law’s approach has consistently been too limited; focusing mostly on
physical violence and looking at abuse on an incident basis, failing to acknowledge
the various forms and patterns DA can take on. Though over time society has started
to shift to a broader and more nuanced understanding of DA – the law has not been
keeping up sufficiently. Now, much needed and long-awaited, the Domestic Abuse
Act 2021 has finally been introduced. Will this act transform the legal response to
DA?
This essay will discuss the new definition and provisions brought by the Act,
and how these demonstrate a changing and expanding legal approach to DA. It will
then discuss limitations and criticisms of the Act and said new provisions.
The new definition
The most transformational element of the Act is its introduction of a statutory
definition of DA. The new definition, set out in section 1, states that a person’s
behaviour towards another is DA if: the two are each aged 16 or over and are
personally connected to each other, and the behaviour is abusive.1
For behaviour to be abusive, it must consist of any of the following: “physical or
sexual abuse; violent or threatening behaviour; controlling or coercive behaviour;
economic abuse or psychological, emotional, or other abuse.” 2 This incorporates a
more progressive understanding of DA and its different forms, parting from the past
focus on solely physical violence. Furthermore, the Act specifically highlights that it
1
Domestic Abuse Act 2021, s.1(2)(a), (b)
2
Ibid, s.1(3)(a-e)
, does not matter whether the person abusive behaviour is a single incident or a
pattern of conduct,3 parting from the incident-based focus the law has had in the
past. It also adds that person A’s abusive conduct may be towards person B even if
it is directly done to another, for example, person B’s child. 4 This is valuable as it
widens the scope of what may fall under abusive conduct, by acknowledging the way
abusers may use others (especially children) to harm their victim.
For two people to be ‘personally connected,’ section 2 outlines that any of the
following must apply: the two individuals “are or have been married to each other,
are or have been civil partners of each other, have agreed to marry one another
(whether or not the agreement has been terminated), have entered into a civil
partnership agreement (whether or not the agreement has been terminated), are or
have been in an intimate personal relationship with each other, each have (or there
has been a time when they each have had) a parental relationship in relation to the
same child, or they are relatives.”5 This is positive as it acknowledges the many
different relationships that DA may be present in, not limiting the situation to
individuals who are, for example, currently married or in a civil partnership. This is
significant as abuse can continue to exist after a relationship has ended and this
expands the scope of who can be considered a victim of DA and be protected under
the Act - as well as those who can be prosecuted for DA.
A new legal approach to domestic abuse?
The Act is a progressive, positive step forward regarding the legal approach to DA. It
changes the law’s position from a physical violence focused, incident-based outlook
and places more focus on coercive control as a significant aspect of DA. It also takes
steps to prevent future harm.
An example of this changing legal approach is the Act no longer limiting
coercive control to incidents that occur within the relationship - meaning that abusive
behaviour occurring post-separation can still be considered DA. 6 This is key as
separation is not always able to prevent abuse from continuing and leaving this out
of the legislation risks leaving victims without help. Furthermore, the change is
3
Ibid, s.1(3)
4
Ibid, s.1(5)
5
Ibid, s.2(1)(a-g)
6
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