How to prepare and compile a Law Society and Controversy assignment on Domestic abuse?
Task: How to prepare and compile a Law Society and Controversy assignment on Domestic abuse?
This Law Society and Controversy assignment investigates domestic violence in the UK. The UK is the most powerful countries in the world and it shares a healthy relationship across borders.Domestic abuse is one of the significantconcern insociety and is the incident or pattern of event of threatening, degrading, sexual violence and violent behaviors towards families.As per Naik and Naik, (2016) it is considered an offence and crime where people with their destructive and violent behaviours try to dominate and control other people physically, and sexually.the increase in domestic abuse in families leads to bringing anxiety and depression in people and this can lead a person to death.a person who is suffering from domestic abuse cannot focus on their self lives and this can make their body weak physically and mentally.According to Ali, Dhingra and Mcgarry, (2016) intimate partner violence, child abuse and elderly abuse are also considered domestic abuse which results negatively on society and this destroys the families and the mental and physical behaviour of people massively.Domestic abuse or violence can be done by both men and womenwithout restrictions on any marital, homosexual or heterosexual relationships.
As per Prifti, (2020) findings identified during this Law Society and Controversy assignment research, domestic abuse violence is increasing and most of these incidents are not reported to government officials and are suppressed with silence, concealment and tolerance in society. However, in recent years the legislation and policies concerning domestic abuse are being made and are regulated for the safety of people in society. Despite the legislation and policies in the country, the rate of domestic abuse and violence is increasing and it has brought various health issues to people. As per the reports, it has also been identified that the uncertain lockdown in the country has increased domestic abuse and violence in society and it has brought various other consequences and causes.According to Ivandi, Kirchmaier and Linton, (2020), the Covid-19 lockdown in the global region has led to an increase in domestic abuse and it has been witnessed that it has increased by 20%. The main reason behind the increase in domestic violence and abuse is because of the financial and social uncertainty which has led to increasing violence among the family members.
As per Oliver et al., (2019)in 2017 domestic abuse in the UK is estimated to cost an early 66 billion Euros and in violence, the highest cost was in physical and emotional harm which cost nearly 47 billion Euros. It has been identified that in the UK domestic violence has happened mostly against women than men. In 2018 the Crime Survey for England and Wales revealed the information that approximately 24.9 percent of women and 10 per cent of men aged from 16 to 59 have faced domestic violence. In most of the domestic abuse cases in the UK, it has been recognized that in the prosecution there has been a lack of evidence for making the culprit guilty for their behaviours towards their family members.In 2018 nearly 18% i.e. 110,562 of domestic violenceoffence were referred to the police and 81 per cent i.e. 89,091 were led to prosecutions.
Law Society and Controversy assignment Section 2
Law Society and Controversy assignment Societal opinionanalsysis
Domestic abuse is considered a largely secretoffence which does not come to light mainly at home where women, children, and the elder person do not file a complaint against the one who is abusing them.As per the reports, it has been identified that domestic abuse in women occurs often during the time of pregnancy.In the year 2019-2020, 2.3 million adults suffered domestic abuse of which 70% of the victims were women and it is increasing drastically in the UK(Dey and Thakar, 2022).However, on the issue of domestic abuse and violence, BBC in 2021 reported that " Victims to get more time to report domestic abuse in England and Wales" by Alex Forsyth (https://www.bbc.com/news/uk-politics-58980387). In the report, it has been mentioned that the domestic abuse case can be reported for two years extending from six months which was before the amendments made by the government. The main reason for extending the domestic abuse report time is that around 13,000 cases were dropped out in five years in England and UK due to lack of evidence and they have breached the six months duration limit.
Fig.1: Cases failed due to time limit
(Source: Forsyth, 2021)
Due to six months, time limit from 2016-2017 to 2020-2021 nearly 12982 cases of domestic abuse was dropped due to time limit and lack of evidence(Forsyth, 2021). As the reports highlighted by BBC it has helped people to know their rights and the consequences that are being faced by victims in filling cases due to lack of evidence. Therefore, it has helped the society in strengthening itself and stand against domestic abuse in the UK and safeguarding itself.
Concerning domestic abuse, BBC on 2021 reported " Victims of police domestic abuse 'feel ashamed"’ by Anna Adams & Steve Swann (https://www.bbc.com/news/uk-england-57432300). As per the research done by BBC, it has been identified that over the last five years UK police force has received further 800 accusation of domestic violenceagainst police offers and staffs. TheLaw Society and Controversy assignment report further identifies that among the total allegations only 43 i.e. 5% cases were being filed and prosecuted against them.One of the victims of domestic abuse mentions that they do not trustthat their objectionwereappropriatelyexamined by the police officers.The women who have filed for domestic abuse against police officers and staff were provided compensation and their cases were being cast aside and did not care for their justice(Adams and Swann, 2021).While doing research by BBC it has been identified that more than 20 police officers and staff contacted them to share their stories of domestic abuse by their colleagues.The research done by BBC has highlighted the facts on the UK police force and negligence and ignorance suffered by domestic abuse victims. It has also highlighted the fact that the reports are being taken by police forces in the UK for punishing the culprit for their actions and behaviours. Further, it allowed an understanding of the necessary steps that need to be taken by the government for bringing improvement in UK police forces for safeguarding people and building trust among people.
Law Society and Controversy assignment Legislation and Case law
As per Abdul, (2022) due to the Covid-19 pandemic it has surged in domestic abuse in UK charities and services due to a surge in refugees while they ranout of space in the charity home. The lockdown in the country has surged in a lack of finance in the charities and this eventually has surged in the domestic abuse in the house.As per the reports, the surge in domestic abuse calls has increased by 61% in 2020. Among the whole refugees, nearly 72% of women were being supported by a helpline team who were facing abuse and violence(Grierson, 2021). Therefore the Law Society and Controversy assignment findings show a surge in domestic abuse in the country has allowed for the development of new legislation for mitigating domestic violence.Domestic Abuse Act 2021, which has been made by the UK government by seeing all the domestic abuse cases and to safeguard victims by serving them justice.The recently developed act works in providing justice to people who have become victims of domestic abuse and bridging the serious gaps that have not been addressed or welcomed in previous times.
The government has taken seriously the previous reports on domestic abuse and violence estimated at around 2.3 million in 2020. Therefore, focusing on that issue the government has implementedacts to minimise the violence and bring improvement to society(Harries and Bishop, 2022).The act encourages the victim to report the complaints against the abuser and punishes them for such crimes and activities. It provides them safety and security to bring improvement and growth in themselves and gain confidence.In the case of young children domestic abuse and violence impact and affects their mental development and education.It is evident that abuse and violence that happened in children are mostly being neglected which results in affecting them negatively and this affects them internally and externally. Abuse and violence occurring in the house can also affect the mental capability and development of children which impacts their education. Emotional trauma, physical assault and disruptive behaviour of children are the results of domestic abuse and violence(Lloyd, 2018).Clare's Law is one of the vital laws that allow police officers to safeguard people from being victims of domestic abuse or violence.
Clare's law was commenced in 2014 after a woman was murdered by her husband in England. It gives the right to the authority to ask possible questions to their husband for safeguarding women from being a victim. It gives police officers to complete their inquiries within 35 days for getting relevant facts on the culprit(Lowe, 2021).Equality Act 2010 is also the legislation made by the UK government for safeguarding people from being victims of domestic abuse and violence.The act not only works in providing equality to people against discrimination but it also works in safeguarding people from violence and abuse(Moss and Parry, 2022). According to the reports of the Crime Survey for England and Wales nearly 1.6m women and 757,000 men had faced domestic abuse and violence in 2019 and 2020 which reveals growth of 7% in abuse crimes in the UK. In the mid of 2020, it showed a surge in domestic abuse by 12% and a 65 per cent surge in phone calls to National Domestic Abuse Helpline (NDAH) in the same year(Havard, 2021). A domestic abuse and violence case on GurjitDhaliwal (R v Dhaliwal, 2006/1170/B5EWCA CRIM 113) where she hanged herself in the back of her house. After the 25 years of violence and mistreatment from her companionGurjit the mother of two sons hanged herself and wanted her husband Harcharan to get jailed for his crime(Macaskill, 2013).The domestic violence done by Dhaliwal made her wife suicide which leads to the crime of domestic abuse. After the death of Mrs Dhaliwal, it has been identified that she was suffering from various forms of abuse from her wife mainly psychological and sometimes physical assaults from her husband. As per UK law, it is considered a crime and offence to abuse the other person physically or by any means. Therefore, as per the law, Mr Dhaliwal is subjected to continuous assault and abuse by her wife and isfound guilty of his crime(vLexJustis, 2022).
Domestic abuse is one of the significant concern in society and it brings various negative impacts on human lives and in the community.It is of various types which include abuse language speaking, physical assault, hitting, sexual harassment etc. comes under domestic abuse. As per the reports, it has been identified that most women in the UK have become a victim of domestic abuse but most of the incidents do not come to light due to inadequate evidence.Domestic abuse not only destroys the physical ability of a person but also affects the mental developmentand health of a person.In the UK due to the increase in Covid-19 lockdown domestic violence and crimes have increased massively accounting for nearly 65% in the year 2020. The government has to work on bringing various improvements in their legal system for minimizing domestic abuse cases in the country.The Covid-19 pandemic has increased lockdown and this eventually affected the employment of the people and it resulted negatively on society. It has been identified that the increase in domestic mistreatment is due to the surge in lack of employment and financial crisis.It has also been reported that the victim of domestic violence is taking back their case and reports due to an increase in back dropped cases and a short time limit. The six months time limit for domestic abuse cases is increased to two years by seeing the result of increased dropped cases.Further, for bringing improvement and progress in domestic violence in the country Domestic Abuse Act 2021 has been commenced by the government for safeguarding the victim.The main objective of introducing the Domestic Abuse Act 2021 identified on this Law Society and Controversy assignmentis due to the increase in domestic abuse cases in the country in 2020 and to safeguard and protect women and other victims.
Abdul, G. (2022). UK cost of living crisis putting strain on domestic abuse refuges, says charity. Law Society and Controversy assignment [online] the Guardian. Available at: https://www.theguardian.com/society/2022/jul/01/uk-cost-of-living-crisis-putting-strain-on-domestic-abuse-refuges-says-charity [Accessed 23 Aug. 2022].
Adams, A. and Swann, S. (2021). Victims of police domestic abuse ‘feel silenced’. BBC News. [online] 15 Jun. Available at: https://www.bbc.com/news/uk-england-57432300 [Accessed 23 Aug. 2022].
Ali, P.A., Dhingra, K. and Mcgarry, J. (2016). A Literature Review of Intimate Partner Violence and its Classifications. [online] www.researchgate.net. Available at: https://www.researchgate.net/publication/304023095_A_Literature_Review_of_Intimate_Partner_Violence _and_its_Classifications [Accessed 23 Aug. 2022]. Dey, T. and Thakar, R. (2022). Domestic violence: an invisible pandemic. The Obstetrician &Gynaecologist, [online] 24(2), pp.90–92. doi:10.1111/tog.12798.
Forsyth, A. (2021). Victims to get more time to report domestic abuse in England and Wales. BBC News. [online] 22 Oct. Available at: https://www.bbc.com/news/uk-politics-58980387 [Accessed 23 Aug. 2022]. Grierson, J. (2021). Calls to domestic abuse helpline in England up by 60% over past year. [online] the Guardian. Available at: https://www.theguardian.com/society/2021/mar/23/domestic-abuse-covid-lockdown-women-refuge [Accessed 23 Aug. 2022].
HARRIES, N. and BISHOP, O. (2022). The Domestic Abuse Act 2021: A step in the right direction. [online] Stevens & Bolton LLP. Law Society and Controversy assignment Available at: https://www.stevens-bolton.com/site/insights/articles/the-domestic-abuse-act-2021-a-step-in-the-right-direction [Accessed 23 Aug. 2022].
Havard, T. (2021). Domestic abuse and Covid-19: A year into the pandemic. House of Commons Library, [online] 1(4). Available at: https://commonslibrary.parliament.uk/domestic-abuse-and-covid-19-a-year-into-the-pandemic/ [Accessed 23 Aug. 2022].
Ivandi, R., Kirchmaier, T. and Linton, B. (2020). Changing patterns of domestic abuse during Covid-19 lockdown. [online] Available at: https://cep.lse.ac.uk/pubs/download/dp1729.pdf [Accessed 23 Aug. 2022].
Lloyd, M. (2018). Domestic Violence and Education: Examining the Impact of Domestic Violence on Young Children, Children, and Young People and the Potential Role of Schools. [online] www.frontiersin.org. Available at: https://www.frontiersin.org/articles/10.3389/fpsyg.2018.02094/full [Accessed 23 Aug. 2022].
Lowe, Y. (2021). ‘Women at risk’ as police in England and Wales miss Clare’s Law deadlines. [online] the Guardian. Available at: https://www.theguardian.com/society/2021/may/09/women-at-risk-as-police-in-england-and-wales-miss-clares-law-deadlines#:~:text=Clare [Accessed 23 Aug. 2022].
Macaskill, G. (2013). Domestic violence case study: Abused mum was driven to hang herself. [online] mirror. Law Society and Controversy assignment Available at: https://www.mirror.co.uk/news/uk-news/domestic-violence-case-study-abused-2644564 [Accessed 23 Aug. 2022].
Moss, L. and Parry, J. (2022). Human rights watchdog publishes single-sex spaces guide. BBC News. [online] 4 Apr. Available at: https://www.bbc.com/news/uk-60983982 [Accessed 23 Aug. 2022].
Naik and Naik, A.R. (2016). (PDF) DOMESTIC VIOLENCE: ITS CAUSES, CONSEQUENCES AND PRECLUSIONS STRATEGIES. [online] ResearchGate. Available at: https://www.researchgate.net/publication/325102675_DOMESTIC_VIOLENCE_ITS_CAUSES_CONSEQUENCES _AND_PRECLUSIONS_STRATEGIES [Accessed 23 Aug. 2022].
Oliver, R., Alexander, B., Roe, S. and Wlasny, M. (2019). The economic and social costs of domestic abuse Research Report 107. [online] Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/918897/ horr107.pdf [Accessed 23 Aug. 2022].
Prifti, F. (2020). DOMESTIC VIOLENCE FROM A SOCIO-LEGAL PERSPECTIVE A critical analysis of the criminal justice response to domestic violence. [online] Available at: https://www.diva-portal.org/smash/get/diva2:1451159/FULLTEXT01.pdf [Accessed 23 Aug. 2022].
vLexJustis (2022). R v Dhaliwal. [online] vLex. Law Society and Controversy assignment Available at: https://vlex.co.uk/vid/r-v-dhaliwal-793423829 [Accessed 23 Aug. 2022].