Criminal Aspects of Domestic Abuse: Types, Victims, and Punishment in UK

This report highlights all the criminal aspects of domestic abuse and its types, relevant extract about its scale and changes over time, details of victims who are most likely to experienced and the impact on the society, the perpetrators and their relationship with victims and other relevant information will be cover in this report.

criminology

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................4
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
The term abuse denotes ill-treatment or usage of a thing, it can be happen in any forms
and a human is no exception as it may happen to them physically or verbally. It is an act of
assault, violation, injury or even a rape or murder or other aggressive behaviour as there is no
limit to its degree of practices as it cause harm and distress to the victim. It can happen
anywhere, at home, care home, schools, hospitals, or at public space. Where an abuse occur at
home it is called as domestic abuse, it is an incident or a conduct which a perpetrator use to
threatened another unfairly to gain control over the liberty of such other person. It is an act of
crime which is punishable under criminal legislation (Hope.,and et.al.,2021). This report will
highlight all the criminal aspects of domestic abuse and its types, relevant extract about its scale
and changes over time, details of victims who are most likely to experienced and the impact on
the society, the perpetrators and their relationship with victims and other relevant information
will be cover in this report.
TASK
In context of United Kingdom, the present definition of domestic abuse emerged from the
Domestic Abuse Act 2021. it is the introductory legal explanation on domestic related crimes
given under this Act. According to it, Domestic abuse signifies the abusive behaviour which
pertains to physical or sexual, an act of violence or threatening, an aggressive or coercive
behaviour to control, financial abuse, mental or emotional abuse etc. provided that such
behaviour or abuse must occur between individuals who have attained the age of 16 years and
who are near relatives.
Domestic violence is not merely a corporal abuse; rather it can includes various act of
aggression and coercive behaviour (Monckton-Smith Williams and Mullane 2014). An Act of
Domestic Abuse 2021, which explains that domestic abuse, is an act of aggression or a series of
incidents committed against who have attained the age of sixteen years or who are;
 Intimate mate
 divorcee
 blood relations

The Domestic Abuse Act 2021 highlights the following conducts or behaviour of a person as
abuse which are as follows:
 Physical abuse
 Sexual abuse
 Violent behaviour to threaten
 Coercive act
 Financial abuse
 Emotional abuse
 Psychological or other abuse
Children under the age of 18 years are most likely to affect by domestic abuse as they are
the victim of domestic abuse who are leaving with their parents who are the perpetrator of the
abuse.
Incidents related to domestic violence are being recorded as crime by the police. However, at
times of investigation of domestic abuse case, it do not amount to a crime as peer the National
Crime Standards (Levell 2022). There are other serious offences which take place like domestic
homicide which includes offences like, murder or infanticide; the perpetrator can be the spouse,
married couple, boyfriend or girlfriend, male or female child, parent or other relatives.
Domestic abuse is a worldwide problem which ranging across the national boundaries as
it reach to socially and economically, racial, cultural and class distinction. According to the
women protection from domestic violence Act 2005 of India, it defines an act committed with
intent to harm or cause injury or such harm or injuries have the potential to affect the person
physically or mentally will be deemed to be an act of domestic violence by the statute. The
statutory provisions of domestic abuse includes children also, an act of domestic abuse is
committed by men and women both. Even so, majority of the victims are women. In United
Sates, it was observed in a report that 85 percent of crimes relating to abuse experienced by
women with their intimate partners, whereas, only 3 percent men are subjected to violent crimes.
Thus, domestic violence, especially in Indian context is most experience d by the women in
comparison to United kingdom or any other country (Spence and et.al 2022).
Domestic abuse historically in UK context, examines the change from domestic abuse
which earlier unobjectionable to objectionable at present time and the legislation develop with
the societal and cultural development. A social shift began in the year 1970 against the domestic

abuse when women protested against the domestic violence which led to open the first world
refuge for victims of domestic abuse. The word domestic abuse in present context first known by
the meaning which signifies the violence in the home. The term earlier recognised as the civil
unrest. However, the public pressure and many protests and campaigns led by women for their
rights compelled the United Kingdom to introduced its primary legislation on domestic abuse ;
the Domestic Violence and Matrimonial Proceedings Act 1976 which established national
protection command for crime victims.
While unprecedented coronavirus pandemic, it was observed huge hike in cases of
domestic related crimes, as there was increased in demands of domestic abuse victim help
service. As per the report conducted by body of crime survey in England and Wale, at the ending
year of march 2020, it was estimated that nearly 5.5 percent of adults between the age of 16 to 74
years suffered domestic abuse in 2019. the police record data also showed approx 1,288,018
domestic abuse related cases in ending of March 2020 in England and Wales. Increase in demand
for domestic abuse victim support service has the record which showed 12 percent of domestic
related crime was observed and controlled by victim aid service during easing the lockdown
restriction. However, the rate of domestic related crime flagged as it day by day increasing in late
years, therefore , an inference can not be drawn on the point that due to corona virus pandemic is
the reason for increasing in the rate of domestic related crimes within the territories England and
Wales (Burton, 2022).
The relationship between the victim and perpetrator is given under the statutory definition, it is
given in two parts under section 1 DA Act, the first part mentions the relation between the
victim and the abuser, the victim and perpetrators must have attained 16 years of age and having
blood relations or near relation.
The statistic on those who are most likely to experienced domestic abuse are:
 women who are subject by domestic violence for their lifespan. One out of three female
are most likely to experienced domestic abuse from either by their male inmate or
relatives.
 Male are the perpetrators in most domestic abuse case and women are the victims in
majority of the cases.

 As per the data showed by The office of National Statistics(ONS) nearly 4.2 percent of
male and about 7.9 percent of female are subject to domestic related crimes in England
and Wales in the year of 2018. This comes out with 685,000 men victims and 1,300,000
female victims.
 Earlier data estimated that on an average two woman are subject to homicide killing in
every week and around 30 men are murdered each year because of domestic abuse.
Nearly 16 percent of the domestic related crimes are violent and no report is being made
on such incidents and because of that crimes related to domestic abuse kept repeat than
other crimes. On an average the victims of domestic abuse are subject to assault for
multiple times before reporting to police.
 As per the age figure of UK people between the age group of 60 to 74 are subject to
domestic related crimes within one year in England and Wales. However the actual figure
of domestic abuse could be more higher than the recorded figure. The people above the
age of 74 were kept excluded in the recorded figures. There is a general presumption that
the domestic related crimes happens to younger individuals only but the sad part is that
thousands of elderly people are also affected by the domestic abuse which is not
recorded, these victims remained subject to prolonged violence and abuse, kept isolated
from a particular community through socio-economic, culture or language which have
impacted them severely mentally and physically. Many of such victims remained silent
because they completely depend on their abuser for their daily needs (Gray 2020).
 Before the March 2020, the Crime Survey for England and Wales presented a report
which estimated 2.3 million adults which falls in the age group of 16 to 74 years are
subject to domestic abuse in preceding year.
 Children under the age of 18 years are most likely to affect by domestic abuse as they are
the victim of domestic abuse who are leaving with their parents who are the perpetrator
of the abuse (Stafford and Leoni 2019).
 The Incidents of domestic abuse are recorded as crimes by the police authorities.
However, at times of investigation of domestic abuse case, it do not amount to a crime as
peer the National Crime Standards. There are other serious offences which take place like
domestic homicide which includes offences like, murder or infanticide; the perpetrator

can be the spouse, married couples, boyfriend or girlfriend, son or daughter, parent or
other relatives.
 The police administration collected the record of domestic abuse cases which is 215,173
including stalking and harassment offences by the end of the March of 2021, nearly one-
third of whole the cases of stalking and harassment observed by the law enforcement
agencies of United Kingdom were related to domestic related crimes in the end of the
March of 2021. There were around 33,954 cases of aggression control behaviour
registered by the police by the end of the March 2021. If this record compared with the
preceding year, it would show the rise of the coercive control cases in each subsequent
year. This improvement can be attributed by the police who actively identified the cases
of aggression or criminal force act control by applying extensive form of legal system.
The reason behind people committing this crime depends on several factors. The
psychological literature explains the cause of these crimes by classifying factors in different
categories like, biological, socialization, situational. It can be frustration, violence, hyperactivity,
involvement with drugs or alcohol, low IQ, emotional distress and many more.
The punishment and penalties for domestic abuse in context to England and Wales,
includes the order of the court such as, Restraining Orders, it means if a person breaches
restraining order shall be liable for imprisonment. Occupation Order, According to this order,
an accused is compelled to leave the home they share with the victim.
Further, as per the new domestic abuse offence where a perpetrator is charged for coercive
damage or controlling behaviour then, such person shall be put to trail and may attract a
maximum punishment of 5 years imprisonment, or a fine or both (Newman 2021).
The criminal justice system of UK, often face challenges from compartmentalization and
deficiency in integrating different aspects of criminal justice system chai, there is lack of
coordination in collaborating with other areas, essentially it must ensure an effective response to
tackle crime and violence such as, health, education, social welfare, rehabilitation systems.
These challenges lead to increase in high level of crimes and violence, therefore, there is
need to respond with these new forms of criminality by enhancing the counter measures to
understand criminal behaviour that have long infiltrated the society along with corruption and
violence against women and children (Forbes2021).

CONCLUSION
From the above report it can be concluded that, an act of domestic abuse is a crime which
could range from harassing or staking a person to murder. Socially and legally, domestic abuse is
a criminal as well as civil wrong which has the potential to cause a badly physically, mentally,
sexually or economically. The case of domestic abuse generally occur between intimate partners
dwelling in the same house, it also includes ex-partners, near relatives or family friends. In this
report a introduction is made on the said topic, and a legal definition of domestic abuse in
context of UK and comparison is made with other countries view on domestic abuse. Further,
this report has also covered the relationship between victims and perpetrators and the victims
who are most likely to affect with domestic abuse and a summary of punishment for the domestic
abuse as prescribed by law.

REFERENCES
Books and Journals
Burton, M., 2022. Domestic Abuse, Victims and the Law. Taylor & Francis.
Forbes, E., 2021. Improving the Justice Response. In Victims' Experiences of the Criminal
Justice Response to Domestic Abuse: Beyond GlassWalls. Emerald Publishing Limited.
Gray, V., 2020. THE HIDDEN HARM OF ELDER ABUSE. Community Practitioner, 93(3),
pp.48-50.
Hope,and et.al.,2021. What can we learn from domestic homicide reviews with male
victims?. Partner abuse, 12(4), pp.384-408.
Levell, J., 2022. Invisible Victims of Domestic Abuse, Hypervisible in Gangs. In Boys,
Childhood Domestic Abuse, and Gang Involvement (pp. 16-32). Bristol University
Press.
Newman, C., 2021. Working with Perpetrators of Domestic Violence. Working with Domestic
Violence and Abuse Across the Lifecourse: Understanding Good Practice, p.196.
Spence, R.,and et.al., 2022. Impacts of the COVID-19 pandemic on reporting of rape, serious
sexual offences, and domestic abuse in one English police force. Journal of Gender-
Based Violence, pp.1-19.
Stafford, C. and Leoni, J., 2019. Supporting the children who live with domestic
abuse. Seced, 2019(2), pp.12-13.