Nature and Extent of Domestic Abuse

Defining Domestic Abuse

Michelle Madden Dempsey’s Evaluation Framework: Dempsey proposes an evaluative test for understanding domestic violence (DV), focusing on three core elements:

1. Violence: Direct physical force and its legitimacy (e.g., self-defence).

2. Domesticity: The domestic setting (typically the home) and the nature of the relationship, highlighting the privacy and symbolic nature of the home as a safe space.

3. Structural Inequality: Power dynamics and control, particularly gendered aspects, perpetuating inequality.

Categories of Domestic Abuse:

1. DV in the Strong Sense:

◦ Characteristics: Combines illegitimate violence, domesticity, and structural inequality.

◦ Example: Intimate terrorism where one partner uses tactics to exert control over the other.

2. DV in the Weak Sense:

◦ Characteristics: Includes only domesticity and structural inequality, not necessarily illegitimate violence.

Key Concepts:

• Intimate Terrorism: A severe form where one partner seeks to control the other through various tactics.

• Situational Couple Violence: Violence arising from arguments that escalate and get out of control.

• Violent Resistance: When the victim uses violence in retaliation against abuse.

Distinguishing Forms of Abuse:

• Emotional vs. Physical Abuse: Emotional abuse can be as damaging as physical abuse and may be more effective in controlling a partner. The importance of addressing both forms is debated.

• Intimate Terrorism vs. Situational Violence: Differentiating between systematic control and isolated incidents is crucial for appropriate responses.

Historical and Legal Perspectives

Doctrine of Coverture:

• Historical Context: Based on Blackstone's Commentaries (1778), it treated the husband and wife as a single legal entity, with the woman’s legal existence suspended.

Case Law Developments:

• Yemshaw v Hounslow London (2011): Lady Hale emphasised that domestic abuse should not be restricted to physical attacks, aligning with broader definitions supported by various bodies, including the UN and Law Commission.

Michael Johnson (2010):

• Proposed a framework for understanding different types of domestic abuse, including intimate terrorism, situational couple violence, and violent resistance.

Criticisms and Perspectives

Helen Reece (2009):

• Criticises including emotional abuse in the definition of domestic abuse, arguing it downplays the significance of physical violence.

Jennifer Nedelsky (2011):

• Warns that domestic abuse terminology might trivialise or privatise the issue, and should be open to inquiries into violence against both genders.

Coercive Control:

• Concept: Describes domestic abuse as a pattern of behaviour designed to exert control, including intimidation, isolation, and micro-regulation of everyday activities.

• Invisible ‘Cage’ Paradigm: Frames domestic abuse as a form of domestic terrorism where the home becomes a site of imprisonment.

Modern Developments and Digital Abuse

Digital Coercive Control (DCC):

• Concerns: Digital technologies are increasingly used to control and monitor victims. Research (SmartSafe initiative) recognises DCC as an extension of existing violence, though it is sometimes viewed as a lesser form of abuse.

• Online Safety Act 2023: Imposes a legal duty on tech companies to protect children from sexual abuse and harmful material, reflecting advancements in addressing digital abuse.

Spatiality and Rurality:

• Challenges: Victims in rural areas face unique vulnerabilities due to limited access to support services and increased social isolation.

Case Study: F v M (2023):

• Context: Illustrates how parental responsibility can be used as a form of coercive control. The court issued a prohibited steps order and applied Section 91(14) of the Children Act to prevent further abusive litigation.

Future Directions

• Utilising Technology: Exploring how family law can leverage technology to protect victims of domestic abuse and enhance safety.

• Addressing Digital Abuse: Continued focus on the evolving nature of digital coercive control and ensuring legal frameworks adapt to new forms of abuse.

Summary

Domestic abuse encompasses a range of behaviours and dynamics beyond physical violence, including emotional abuse and coercive control. Understanding its nature involves considering violence, domesticity, and structural inequality. Legal and academic perspectives have evolved to recognise the complexity of domestic abuse, including its digital manifestations. Recent reforms and ongoing debates highlight the need for comprehensive approaches to address both traditional and emerging forms of abuse effectively.