Constructing Fatality Review: A Policy Analysis of the Emergence of Domestic Homicide Reviews in England and Wales

In England and Wales, Domestic Homicide Reviews (DHRs) examine domestic abuse-related deaths to identify lessons to be learned. However, their emergence as a policy initiative has been little considered. To address this gap, a thematic discourse analysis of policy documents to 2011 was undertaken, examining the justification for, and conceptualization of, DHRs before their implementation. It is argued that DHRs were constructed as a taken-for-granted good, through which multi-agency partners would generate learning while the (gendered) subject was silenced. Attending to aspirations, contradictions, and tensions in the emergence of DHRs has implications for their understanding and operationalization in the present.

Domestic Homicide: A Synthesis of Systematic Review Evidence

Domestic homicide (DH) is the most extreme form of domestic violence (DV). There has been a growing worldwide interest in DH offenses and the characteristics of perpetrators and victims, and it is evidenced in part by the increase in the number of primary research studies in this area. The findings of a large number of the available primary literature have already been summarized into several systematic reviews. The principal purposes of this study were to identify what types and aspects of DH have been reviewed systematically (research trends), to synthesize findings from recent systematic reviews of the theoretical and empirical literature on the different types of DH (main findings), and to consider what existing reviews can tell us about the implications for policy and practice as well as future primary research (implications). The current study utilized a systematic review approach to locate systematic reviews of studies on DH. The final sample included 25 systematic review articles published from 2010 to 2020, including 12 on intimate partner homicide, eight on child homicide, and five on familicide. The main research questions varied across systematic reviews, but they included risk factors, statistics on incidence and prevalence, theories, risk assessment tools, punishment and disposition, and prevention strategies. Building on the synthesis findings, the current study concludes with suggestions for future systematic review research and implications for practice and policy efforts.

Navigating Family Involvement in Domestic Violence Fatality Review: Conceptualising Prospects for Systems and Relational Repair

Purpose Family involvement is a key element of Domestic Homicide Review (DHR), the form of Domestic Violence Fatality Review (DVFR) found in England and Wales. Family involvement is framed as having dual purposes: first, as a benefit to DHRs, enabling a fuller picture of victims’ experiences; second, as a benefit to families themselves, notably as a therapeutic or cathartic opportunity. However, these dual purposes have been little considered. This conceptual article responds to this absence by interrogating the purpose, process and outcomes of family involvement within DHRs. Method To explicate purpose, process and outcomes, we synthesise policy, practice and the extant empirical and theoretical literature relating to family involvement in DHRs. We supplement this by engaging with a broader body of emerging research on family involvement in other review systems, analysing this through a lens of citizenship and participation. Results Family involvement in DHRs is little explicated and there is a need to better engage with how family are involved in DHRs, as a way of increasing transparency for family rights. By way of response, a tentative conceptual framework is proposed which situates family involvement as demonstrative of systems- and relational-repair. Conclusions The article concludes by arguing for greater attention to the Theory(s) of Change underpinning both the place of the family and their testimony, as well as the DHR system as a whole. Such clarity would benefit family, both as the subject of professional interactions but, critically, as agents in the DHR process in their own right.

Life after Domestic Homicide: Examining the Psychosocial Implications on Children-Survivor

Although the problem of domestic violence has received considerable attention, the study of domestic homicide is relatively recent and limited to precipitating conditions or the act itself. Most of the literature on familicide focuses on the personality characteristics of the victim and perpetrator or tries to answer the question, “How did the death happen?” Little notice, however, has been given to the children of the victim and offender who, in the midst of their loss and extreme suffering, inherit the fallout from the death of one parent, and incarceration of the other. The study therefore explored the psychosocial implications of parental absence on account of death and incarceration on surviving children. Qualitative data were obtained from 18 convicted and awaiting trial inmates for spousal homicide in three selected prisons in Lagos state, key informant interviews (KII) with four officials of Office of Public Defenders (OPD), three officials of Directorate of Public Prosecutions (DPP) and two child psychologists. Surviving children of domestic homicide suffer massive upheaval, psychiatric disturbance, ill health, financial difficulties, ostracism, scars from witnessing the domestic violence that preceded the murder and the propensity for future intrafamilial violence. The study concludes that direct and indirect exposure to domestic violence and homicide is negatively associated with children’s emotional, behavioural and developmental well-being. Hence, welfare of such children which should include therapy, relief of suffering, resolution of trauma symptoms, provision of supportive environment and clarification of cognitive or emotional distortions about the homicide should be incorporated in the prosecution process by relevant agencies.

Interviewee Transcript Review as a Tool to Improve Data Quality and Participant Confidence in Sensitive Research

Interviewee Transcript Review (ITR), a form of Respondent Validation, is a way to share and check interview transcripts with research participants. To date, the literature has considered how these practices affect data quality, focused on the ability of a participant to correct, add or remove data. Less considered is the extent to which ITR might enable sensitive research. Reporting on research examining the experiences and perspectives of different stakeholders involved in Domestic Homicide Reviews, 40 participants who took part in semi-structured interviews were offered the opportunity to review their transcripts. This paper contributes to the understanding of the use of ITR, demonstrating how it can be used to increase participant confidence to provide assurance about, and indeed active involvement in, the steps being taken to preserve their anonymity.

Beyond intimate partner relationships: utilising domestic homicide reviews to prevent adult family domestic homicide

Increasing evidence documents domestic violence and abuse (DVA) and domestic homicide of adults killed by a relative in non-intimate partner relationships. Most literature focuses on intimate partner violence and homicide, yet non-intimate partner homicides form a substantial but neglected minority of domestic homicides. This article addresses this gap by presenting an analysis from 66 domestic homicide reviews (DHRs) in England and Wales where the victim and perpetrator were related, such as parent and adult child. Intimate partner homicides are excluded. These 66 DHRs were a sub-sample drawn from a larger study examining 317 DHRs in England and Wales.The article contributes towards greater understanding of the prevalence, context and characteristics of adult family homicide (AFH). Analysis revealed five interlinked precursors to AFH: mental health and substance/alcohol misuse, criminal history, childhood trauma, economic factors and care dynamics. Findings indicate that, given their contact with both victims and perpetrators, criminal justice agencies, adult social care and health agencies, particularly mental health services, are ideally placed to identify important risk and contextual factors. Understanding of DVA needs to extend to include adult family violence. Risk assessments need to be cognisant of the complex dynamics of AFH and must consider social-structural and relational-contextual factors.<br />Key messages<br /><ol><li>Understanding of domestic violence and abuse needs to include adult family violence.</li><br /><li>Risks and dynamics of adult family homicide are complex and must consider social-structural and relational-contextual factors.</li><br /><li>Criminal justice agencies, social care, substance misuse and mental health services provide opportunities for prevention.</li></ol>

Consent and the ‘Rough Sex’ Defence in Rape, Murder, Manslaughter and Gross Negligence

When women die at the hands of men, a not infrequent defence is that she consented to, or initiated, the beating, strangulation and penetration which contributed to her death. While strangulation has been a typical method of killing in male on female intimate partner homicide 1 for many decades (‘thou little recognised), what has changed is men’s excuses for their violence. Excuses such as ‘She made me lose my self-control in an argument’ or ‘She was unfaithful to me’ are being supplanted by ‘She consented to rough sex’. 2 Since the dead cannot speak, nor is there any property in the dead, the defendant’s tactic of impugning the deceased’s character cannot be easily rebutted, and he, while maligning her in this way, may profit from a lighter sentence. Law reformers, politicians, academics and activists 3 are pressing for legal reform to shut down this misogyny. On 16 June 2020, during the Public Committee stage of the Domestic Abuse Bill, 4 cls 4 and 5 were approved. Clause 4, ‘No defence for consent to death’, provides ‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing death, it is not a defence to a prosecution that B consented to the infliction of injury. (2) Subsection (1) applies whether or not the death occurred in the course of a sadomasochistic encounter’. Clause 5, ‘No defence for consent to injury’, provides ‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing actual bodily harm or more serious injury, it is not a defence to a prosecution that B consented to the infliction of injury or asphyxiation. (2) Subsection (1) applies whether or not the actual bodily harm, non-fatal strangulation, or more serious injury occurred in the course of a sadomasochistic encounter’. These two new clauses would prevent the alleged consent of the victim from being used as a defence to a prosecution in intimate partner homicides and non-fatal assault which result in s 47 assault occasioning actual bodily harm, Offences Against the Person Act 1861, or more serious injury. Additional new clauses including, proposing that consent of the Director of Public Prosecutions would be required, in the case of death, to accept a charge to anything less than murder (cl 6); the requirement to consult with the family of the deceased regarding charges (cl 7); the prohibition of reference to sexual history of the deceased in domestic homicide trials (cl 10); anonymity of victims of domestic homicide (cl 11); and anonymity of domestic violence survivors (cl 14); the Parliamentary Under-Secretary of State for Justice (Alex Chalk), while sympathetic, said there were difficulties with the clauses in their present form. 5 Of the proposal to make non-fatal strangulation 6 (cl 8) a standalone offence, he considered that ‘creating a new offence could limit the circumstances covered, and create additional evidential burdens’. 7 These motions reflect the several debates since October 2019, when MPs, Harriet Harman and Mark Garnier, introduced the ‘No defence for consent’ amendment to the second reading of the Domestic Abuse Bill. 8 Since men also plead the ‘sexual consent defence’ on ‘first dates’, which may fall outside the definition of ‘domestic abuse’ as set out in the Bill, 9 a loophole also recognised by Alex Chalk at the Public Committee stage, 16 June 2020, this too will be addressed. 10 The murder of Grace Millane, in New Zealand 11 in 2018, murdered on a ‘first date’ provides such an example.