Research warns domestic abuse survivors are being wrongly criminalised

A lack of understanding of domestic abuse, coercive control and trauma among police and prosecutors is contributing to the unjust criminalisation of victim-survivors, according to new research published by the Centre for Women's Justice (CWJ).

The report, “They don’t understand abuse”, draws on the experiences of survivors of violence against women and girls (VAWG) and specialist women's services, highlighting widespread concerns about how victim-survivors are treated when they are accused of offending.

Funded by the Olwyn Foundation and conducted by Pragna Patel, Co-Founder and former Director of Southall Black Sisters and Co-Founder/Director of Project Resist, the research found high levels of distrust and disappointment in the criminal justice system among women who had experienced abuse and subsequently faced criminal allegations.

Most specialist women's services that took part in the study reported routinely supporting women who had been criminalised despite being victims of abuse. Researchers identified a number of recurring themes, including a culture of disbelief, poor understanding of domestic abuse and coercive control, failures to apply the public interest test, a lack of trauma-informed responses, and discrimination affecting Black, Asian, minoritised and migrant women.

The report argues that these shortcomings can have serious consequences for women and their children, undermining confidence in the criminal justice system and preventing survivors from seeking protection.

One frontline women's service provider interviewed as part of the research said: “They don’t understand abuse. The police are not flexible; they don’t understand how hard it is for women to make disclosures and they don’t understand the reasons why full and frank disclosures are not made.”

The report includes several anonymised case studies illustrating the challenges faced by survivors. In one case, a woman who did not speak English was arrested following allegations made by her abusive partner, who worked as a social worker. A frontline service supporting the woman said: “The police assumed he was telling the truth… Her children were left with her husband when she was arrested and he wouldn’t return the children to her. She had to leave behind a baby that she was still breast feeding.”

Another survivor described being prosecuted for common assault after attempting to stop a man who was sexually assaulting her. She said: “In court I plead guilty to the common assault charge... I have a criminal record…I made an official compliant to the police department who handled both cases as I had tried to bring a sexual assault charge in the first instance, but it was thrown out due to lack of evidence, whereas the case against me was taken up seemingly without question.”

The findings come amid growing scrutiny of the criminalisation of women who have experienced domestic abuse. According to figures cited in the report, nearly 70% of women in prison or under probation supervision in England and Wales are known to be victim-survivors of domestic abuse, with researchers suggesting the true figure is likely to be higher because many women do not disclose their experiences.

The report highlights several areas where reform is needed, including improved access to specialist women's services, timely interpreting services for migrant women, access to legal aid before charging decisions are made, and greater involvement of survivors and specialist organisations in shaping policy and practice.

Patel said the research pointed to deeper structural issues within the justice system.

“The case examples and reflections in this study suggest the privileging of the male voice and downgrading of the voices of women, particularly those who are marginalised, including Black, Asian, minoritised and migrant women. Vulnerability itself appears in some cases to be a driver of criminalisation and detention, which is directly contrary to the public interest.”

The report builds on earlier calls from CWJ, the Domestic Abuse Commissioner for England and Wales and the government-appointed Women's Justice Board for effective legal defences for victims of domestic abuse who are accused of offending.

Harriet Wistrich, Solicitor and Chief Executive Officer of CWJ, said: “For many years now, CWJ and others have called for legislation to provide effective defences for victims of domestic abuse who are accused of offending, and for improved leadership, training, guidance and accountability mechanisms to improve practice by police and prosecutors so that victims’ experience of abuse is properly taken into account in any proceedings against them. These calls have recently been echoed by the government-appointed independent Women’s Justice Board and we await the government’s response.

“Victim-survivors have repeatedly put themselves on the line by sharing their painful experiences to persuade those in power to implement the changes that are so clearly needed. We welcome the work that has been begun by the National Police Chiefs Council and Crown Prosecution Service, but achieving success will require system-wide change led from the top of government – including increased investment in women’s specialist services. Anything short of a full-throated endorsement of the recommendations in this report, and those of the Women’s Justice Board, will fail victims.”

The report notes that the National Police Chiefs’ Council and Crown Prosecution Service have already begun work to improve responses to women and girls who are suspects or defendants, including commitments to address the links between victimisation and criminalisation and to tackle intersectional discrimination. It also highlights government commitments contained within the Freedom from Violence and Abuse Strategy to improve awareness of the criminalisation of victims of VAWG and strengthen trauma-informed approaches across the justice system.

Researchers argue, however, that significant reforms remain necessary if victim-survivors are to have confidence that the criminal justice system will recognise and respond appropriately to their experiences of abuse.