Lexis®Library update: Proposals include making non-fatal strangulation a criminal offence, extending the controlling or coercive behaviour (CCB) offence to include abuse where victims and perpetrators no longer live together, and widening the scope of revenge porn laws to include threats to disclose images with intention to cause distress. The new measures were developed closely with peers, advocates and victims, and seek to provide greater protection to victims and further clamp down on perpetrators. The Bill is set to enter report stage next week and expected to receive Royal Assent in the spring of 2021.
Read more about the Domestic Abuse Bill 2020 here.
Proposals for amendments include:
• making non-fatal strangulation a criminal offence, punishable by up to five years imprisonment—it follows concerns that perpetrators were avoiding punishment as the practice can often leave no visible injury and is therefore harder to prosecute under existing offences such as actual bodily harm
• strengthened legislation around CCB, no longer making it a requirement for abusers and victims to live together—it follows a government review which highlighted that those who leave abusive ex-partners can often be subject to sustained or increased CCB post-separation
• widening revenge porn laws to include threats to disclose images with the intention to cause distress, with perpetrators facing up to two years in prison
• providing special measures in civil courts similar to those available in family courts, eg protective screens and giving evidence via video link
• widening the list of evidence to prove abuse has occurred, making it easier for victims who may prefer not to report abuse to avoid being cross-examined in person
• clarifying the use of ‘barring orders’ in the family courts to prevent abusive ex-partners from using it as a form of continuing domestic abuse
• requiring public authorities to send a copy of their completed domestic homicide reviews to the Domestic Abuse Commissioner—this will strengthen the opportunity to learn lessons and prevent future deaths
Source: New laws to protect victims added to Domestic Abuse Bill
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 01 March 2021 and is published with permission. Further information can be found at: www.lexisnexis.co.uk
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