Académique Documents
Professionnel Documents
Culture Documents
Purpose of SCA:
- Encourage people to come forward,
- (Currently:) Low % of issues 6% of issues reported to police
end up in conviction
- (consequentalist) INCAPACITATION + PUNISHMENT: will protect
victims who would otherwise be subjected to sustained
patterns of abuse that can lead to total control of their lives by
the perpetrator.
- FORM OF DETERRENCE sends a clear message that it is wrong
to violate the trust of those closest to you and that emotional
and controlling abuse will not be tolerated.
- providing better protection to victims experiencing continuous
abuse and allowing for earlier identification, intervention and
prevention.
- statistics consistently show that women and girls are
disproportionately affected by crimes of domestic violence
and abuse. 21. In 2014/15, 92.4% of defendants in domestic
abuse flagged cases were male. Where recorded, the
proportion of female victims has remained steady at 84%,
since 2010-11 (CPS Violence Against Women and Girls Crime
Report 2014/15). 22. Controlling or coercive behaviour is
primarily a form of violence against women and girls and is
underpinned by wider societal gender inequality. This can
contribute to the ability of the offender to retain power and
control, and ultimately the ability of the victim to access
support and leave safely. It is, therefore, important to consider
the role of gender in the context of power and control within a
relationship when identifying controlling or coercive behaviour
in heterosexual relationships. (stat guidelines)
a pattern of coercion is as serious within a relationship as it is
outside one. In many ways it is worse, because it plays on the trust
and affection of the victim. That is why we need a new offence. The Solicitor-General:
Limitations of SCA:
- But there are still important gaps in the application and
criminalization of domestic violence
Problems that are foreseeable:
Referrals, prosecutions and the volume of convictions for domestic
violence and abuse have risen to their highest ever levels.
Soln: The government is committed to supporting the police to bring
offenders to justice and to ensure victims have the support they
need to rebuild their lives.
Many fall through the system
refuge
uk
stats
from
http://www.stopvaw.org/uploads/evan_stark_article_final_100812.pdf
?
Specifically targeting domestic sphere family relationships
cohabit
Make up for the fact that other laws never provide for
domestic scenes + psychological/fear aspect
Sub-issue 1:
Should you prosecute?
[after saying the offence] -> public interest -> Prosecutors need to
be aware that certain actions, such as the complainant supporting a
prosecution, may place the complainant and/or any children, or
other family members at increased risk.
Careful consideration should be given to public interest factors,
including the interests and safety of the complainant, other family
members and any children or other dependants.
-children living in an abusive household
impact on children? must consider cos it may increase the
seriousness of the offence, and the final charging decision
-if she got inform other agencies or organisations (such as
support and voluntary organisations, Children's Services,
schools etc) may have been made aware of the abuse, or other
proceedings such as family proceedings may be taking place as a
result prosecutors should ask the police to seek such information
to help inform the final charging decision
When considering policy reasons of the 2015 Act,
-
o
o
When deciding the level of seriousness should include the suspect's culpability
and the harm to the victim by asking themselves the questions at b) and c).
o
o
attack;
The greater the vulnerability of the victim, the more likely it is that a prosecution is
required. This includes where a position of trust or authority exists between the
suspect and victim. Sole financial source + main carer + live together +
relationship sufficient to prove a trust established between the suspect and
victim offence is even worse if this trust has been breached
o
o
o
o
for victims of domestic violence and/or abuse results from the misconception that the harm
of domestic violence primarily results from the infliction of physical harm, thus leaving many
victims who experience coercive control and emotional and psychological abuse outside of the
laws protection.