Over the last 30 years or so, lawyers, academics, politicians and other professionals have come to the realisation that abusive relationships consist of so much more than just physical abuse. Emotional abuse and controlling and coercive behaviour are just as damaging, if not more so. Also, children are adversely affected, whether or not they see, hear or are directly involved in the abuse.
Although domestic abuse affects both men and women, victims are overwhelmingly female. About a quarter of adult women will have experienced domestic abuse at some stage of their lives. The figure for men is much smaller at around one in seven.
Although all of this makes very depressing reading in the 21st century, we may take comfort from the improvements in our knowledge. These improvements have seen the criminalisation of harassment, stalking and so-called ‘revenge porn’, as well as the extremely mislabelled ‘rough sex’ defence. If found guilty, perpetrators can look forward to custodial sentences, and rightly so. That is also the case with the criminal offence of controlling and coercive behaviour.
It is now understood that because of the mundanity of the perpetrator’s actions, controlling and coercive behaviour and its effects can remain hidden in a relationship for many years. Perpetrators are conniving and manipulative, often deploying a course of conduct which ‘traps’ their victims into remaining in the abusive relationship. Tactics include the silent treatment, threats to self-harm and gaslighting. It may even include litigation abuse where perpetrators issue court proceedings with the sole intention of causing financial harm, shame or distress to their victims. In effect, it is another form of victim blaming.
Although Legal Aid is available to victims who find themselves in this situation, this is subject to financial means testing, and recipients may either have to repay the Legal Aid or make a contribution towards it, as it is a loan rather than a grant. However, under the Domestic Abuse Act 2021, for new family law cases, issued after July 21, 2022, victims may be entitled to be assisted, free of charge, by a Qualified Legal Representative (QLR). Although the assistance is limited, victims will no doubt be comforted by the fact that they will not have to face their abusers alone in the court arena.
The main purpose of the QLR Scheme under the Domestic Abuse Act 2021 is to ‘transform the justice response so that victims can give their best evidence’.
This is a laudable aim, and one which all victims of domestic abuse – men and women – will no doubt welcome.
Find out more about Bastian Lloyd Morris on 01908 546580 or visit www.blmsolicitors.co.uk
