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Prosecuting domestic abuse

06 April 2022
Issue: 7974 / Categories: Legal News , Family
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Any child who witnesses domestic abuse will also be treated as a victim, under revised Crown Prosecution Service (CPS) guidance published for consultation this week

Any child who witnesses domestic abuse will also be treated as a victim, under revised Crown Prosecution Service (CPS) guidance published for consultation this week.

The revised guidance encourages prosecutors to take an ‘offender-centric’ approach by focusing on the behaviour of the defendant. It clarifies that the ‘rough sex’ defence cannot be used and extends the existing revenge porn offence to include the threat of sharing private sexual images or films.

It also challenges misconceptions and misleading stereotypes about the behaviour of victims, such as that victims who have withdrawn complaints lack credibility. In fact, the CPS can prosecute using evidence rather than relying on victim testimony. Kate Brown, CPS domestic abuse lead, said such misconceptions were ‘damaging’ and could push victims to withdraw from the process.

Respond to the Consultation on the domestic abuse legal guidance by 26 June, here.

Issue: 7974 / Categories: Legal News , Family
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Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

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Ellisons—Carla Jones

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Freeths—Louise Mahon

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