Adding to the Domestic Abuse Criminal Law Framework: The Domestic Abuse Act 2021

Date

2022-02

Advisors

Journal Title

Journal ISSN

ISSN

0011-135X

DOI

Volume Title

Publisher

Sweet and Maxwell

Type

Article

Peer reviewed

Yes

Abstract

The Domestic Abuse Act 2021 finally received royal assent almost 4 years after the announcement of the Bill in the Queen’s Speech in 2017. This article examines the new provisions relating to criminal law and justice introduced by the Act and the evolution of the Domestic Abuse Bill following its prolonged journey through the Parliamentary process. It will explore the introduction of the new criminal offences: breach of a domestic abuse protection order and threatening to disclose a private sexual photo or film. It considers the extension of mandatory use of special measures for domestic abuse victims, a statutory statement on the limitation of the so-called rough sex defence and amendments to the offence of coercive and controlling behaviour. Background regarding the consultation process and the decision to produce a ‘once in a generation’ chance to provide legislative transformation to domestic abuse is provided. Analysis of these new provisions includes an assessment of where issues concerning implementation may arise. Reform is to be welcomed as greater recognition is given to the public’s increasing intolerance towards domestic violence and abuse.

Description

The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.

Keywords

domestic abuse, Coercive Control, consent, protective orders, threats to disclose a private image, domestic violence disclosure scheme, rough sex

Citation

Bettinson, V. (2022) Adding to the Domestic Abuse Criminal Law Framework: The Domestic Abuse Act 2021. Criminal Law Review, 2, 89

Rights

Research Institute

Centre for Law, Justice and Society