scholarly journals “Not an Either/or Situation”: The Minimization of Violence Against Women In United Kingdom “Domestic Abuse” Policy

2020 ◽  
pp. 107780122092707
Author(s):  
Jo Aldridge

Proposed new legislation in England and Wales on domestic violence and abuse—the “Domestic Abuse Bill”—is underpinned by changes to criminal law, specifically the introduction of coercive and controlling behavior as set out in the Serious Crime Act 2015. The new Bill commits the British government to four main objectives with, it is claimed, prevention and protection at their heart. What is notable, however, is the rubric shift from “violence” to “abuse” in the proposed new legislation and its subscription to a gender symmetry paradigm that suggests a “watering down” of the government’s response to gendered violence.

2019 ◽  
Vol 26 (3) ◽  
pp. 424-434
Author(s):  
M. J. López-Sánchez ◽  
J. A. Belso-Martínez ◽  
J. L. Hervás-Oliver

This article focuses on male violence against women. As it takes place in what is often considered to be ‘the private sphere’ of the home, violence is difficult to prove, to measure, to prevent and easy to ignore. A multi-country study (WHO, 2005, WHO multi-country study on women’s health and domestic violence against women: Summary report of initial results on prevalence, health outcomes and women’s responses, Geneva, Switzerland: World Health Organization) shows that there are wide variations between countries resulting in 15 per cent to 71 per cent of women aged between 15 and 49 years saying that they have been victims of physical or sexual violence in intimate relationships. This article reviews and summarises literature that analyse types of economic costs that result from domestic violence and abuse perpetrated against women.


Author(s):  
Viktoriia Shpiliarevych

The article states that domestic violence, existing in all spheres of public life, as a result leads into the destruction of family values, violation of human and civil rights and freedoms, makes an irreparable impact on mental and physical health of victims. Therefore, since ancient times it has been a problem of human existence, and, unfortunately, it is to remain relevant nowadays. In modern social developments, counteraction of domestic violence is one of the priorities not only of internal policy of any state, but also an issue of international criminal law policy. In particular, the study of about its extension in different countries proves the international nature of this negative social phenomenon. The fact that counteraction of domestic violence has become a part of Ukraine's domestic policy to create a society free of gender-based violence, was finally affirmed on November 7, 2011, when the Ukrainian state joined the Convention on Preventing and Combating Violence against Women and Domestic Violence adopted by the Council of Europe of May 11, 2011. The most important event in the history of criminal law policy in the field of domestic violence was the adoption on December 6, 2017, of the bills «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the Council of Europe' Convention on Preventing and Combating Violence against Women and Domestic Violence». As a result, on January 11, 2019, the General and Special parts of the Criminal Code of Ukraine were supplemented with a number of norms related to the scope of counteraction of this negative social phenomenon.


2020 ◽  
Vol 76 (1) ◽  
pp. 118-122
Author(s):  
K. А. Shapoval

Ukraine continues to work actively to combat domestic violence. The most serious crime that can be committed in this direction is murder, which was preceded by all kinds of domestic violence. There are innovations in criminal law aimed at protecting people from domestic violence. However, murders committed in connection with its use are not legally separated into a certain group of murders and have no qualifying features. In particular, there is no forensic characteristic of murders committed in connection with domestic violence. The purpose of the work is to define the concept, forensic characteristics of murders committed in connection with domestic violence, and its constituent elements. The general to partial method is used to establish the elements of the forensic characteristics of murders committed in connection with domestic violence. The forensic characteristics of all intentional homicides were taken as the basis. Besides, the author has carried out analysis of the main elements that assisted to distinguish these murders into a separate group, their mandatory features, namely family ties, the place of murder’s commission and the systematic use of domestic violence. Based on the analysis of scientific research, we have identified the concept of forensic characteristics of murders committed in connection with domestic violence, the constituent elements of the structure of forensic characteristics of such murders and their role in the investigation of criminal offenses.


Author(s):  
Natalya Golovanova

The author studies the experience of England and Wales on counteracting domestic violence. The article analyzes how the attitude of the society and the state to this phenomenon has changed, and, instead of being viewed as a commonplace event, it is now recognized as a serious gender violence crime and violation of human rights. Such recognition is based on the position of the UNO expressed in the Istanbul Convention of 2011; joining this Convention made it necessary for the British government to develop a new statute. This Act includes the legislative definition of domestic abuse (this term is an extension of the concept of «domestic violence» introduced at the government level), the introduction of the extraterritorial jurisdiction, more clearly defined methods of victim protection, a provision for a Domestic Abuse Commissioner, etc. The article outlines the path of the UK to the new legislative vision, starting with the development of inter-agency programs and pilot projects of victim assistance and ending with the adoption of legislative acts that criminalize different forms of domestic violence, including forced marriage, «honor» crimes and female genital mutilation. Special attention is paid to a new gender neutral crime - controlling behavior, whose introduction is viewed as unprecedented and controversial. Unlawful control is viewed as actions aimed at suppressing another person, their isolation from people close to them, and depriving them of means necessary for independence, resistance or escape. Coercion, in its turn, is an action or a model of behavior (attack, threat, humiliation, etc.) aimed at inflicting harm, at punishing or terrifying a victim. The author believes that studying British experience of developing inter-agency programs of victim support, including a program that provides information of the criminal past of an intimate partner, and the consistent criminalization of all forms of domestic abuse (even those not connected with physical violence) presents certain interest for Russian lawyers and researchers, and deserves their close attention.


Family Law ◽  
2018 ◽  
Author(s):  
Anna Carline ◽  
Roxanna Dehaghani

The chapter examines how, historically, domestic violence was considered to be a private matter that was none of the law's concern. While domestic violence is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. The chapter also explores some of the wider factors pertaining to the family justice system's response to domestic violence. It is important to recognise the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the extent to which victims of domestic violence may feel threatened during family law proceedings, particularly in cases involving the arrangements for children after separation.


Author(s):  
Kate Parkinson ◽  
Michaela Rogers

This chapter focuses on the use of family group conferences (FGCs) in cases of domestic violence and abuse (DVA). In the case of DVA, there is a disconnection between the family, domestic abuse services, child protection services, and child contact. Evidence highlights the potential of FGCs to galvanise relationships between families and professionals, and among professionals themselves. For example, research into the state-wide implementation of FGCs in Hawai'i found that the conference approach enabled professionals to understand each other's professional responsibilities, enhancing communication and leading to an improved service response to meeting the needs of families. More specific research into the use of FGCs in DVA cases undertaken in North Carolina found the potential of FGCs to offer an inclusive and coordinated response to families, bringing together families, domestic abuse support professionals, and child welfare professionals to plan for the safety of children.


Sexualities ◽  
2017 ◽  
Vol 22 (5-6) ◽  
pp. 803-820 ◽  
Author(s):  
Michaela Rogers

By drawing on empirical research that explored trans people’s experiences of domestic violence and abuse (DVA), this article problematises the ‘gender asymmetry debate’ in DVA discourse. It does so by highlighting cisgenderism and a heteronormative bias, which have led to the invisibility of a trans perspective. Qualitative data was collected via narrative interviews and this was examined using a voice-centred relational technique. A total of 24 interviews were undertaken with trans people ( n = 15) and domestic abuse practitioners ( n = 9). In relation to the presentation and impact of DVA, and in the context of trans and cisgender people’s abuse experiences, the research findings report both similarities and differences. Four narratives are presented here to illuminate both. This article adds new insight and challenges normative and dominant discourses by promoting the need for further theorising about the gendered nature of domestic violence and abuse.


2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Ruby Hadiarti Johny

The violence against women is increasing in number. This article discusses the factors underlying the occurrence and other form of violence against women that occurred in the Police Banyumas region. Sociological juridical approach used in this research. Specification of research is descriptive. The data used are primary and secondary data. The dominant factors that cause criminal violence to women are dominated by economic factors about 70%, cultural factors about 15%, affair factors about 10 %, and lack of communication between family factors about 5 %. The types of criminal violence to women based on data from LSM Lentera Perempuan WCC Banyumas, Victims, and Poice Banyumas region most of the type criminal violence to women is domestic violence, as physic, psychological, sexual violence, and negligence of household. The problem solving is with the litigation process or non litigation process. The litigation process with criminal law process and the non litigation process with mediation. Keywords: Domestic violence, form of violence, cause of violence


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