By Gabriel Princewill-
The notion there is a typical victim of domestic abuse is wrong, damaging and can prevent sufferers coming forward, the Crown Prosecution Service has said on Monday.
The CPS announcement follows a revised legal guidance on prosecuting crimes published to tackle misleading myths and stereotypes.
It lists a number of ways victims can appear in a domestic abuse setting to help prosecutors challenge misconceptions, and build the strongest possible case.
Representatives of the CPS told The Eye Of Media.Com that the new guidance is as a result of regular reviews on legal guidelines following investigations it conducts.
This announcement is similar to many of those we have conducted on offences like rape. We put various laws up for consultation from time to time and review the CPS’s position on them. We regularly review our legal guidance and brought in updates following the implementation of the Domestic Abuse Act 2021
The guidance contains a major change meaning that any child who witnesses domestic abuse will also be treated as a victim.
Kate Brown, CPS Domestic Abuse lead said: “Many people seem to have a fixed idea about what a domestic abuse victim looks like and what their circumstances are. They are wrong. This is a crime which affects both men and women from every walk of life.
“But these damaging misconceptions can have a real impact on a case with some victims withdrawing from the process altogether. It is vital our prosecutors have all the tools to ensure every single stereotype is rightly and fairly challenged.
“By understanding both the defendant’s behaviour and the devastating effect it can have, will help our prosecutors build stronger cases and offer better support to victims.”
The guidance, which is being put out for public consultation, explores some of these common myths and stereotypes.
One of those myths is that domestic abuse is a crime of passion, which romanticizes domestic abuse and assumes the abuse is impulsive – wrongly taking responsibility away from the perpetrator.
Another myth stigmatizes victim who continue with relationships in which they are being subjected to abuse, rather than focusing on the actions of the perpetrators. It also disregards the elements of power, violence, control and humiliation in domestic abuse.
Previous withdrawals of complaints or a reluctance to co-operate means victims lack credibility: this undermines the victims seeking support when in reality, they face a very difficult decision when deciding to report. The CPS says it can prosecute cases using evidence-led prosecutions rather than relying on victim testimony, especially in cases where the complainant lacks credibility.
Prosecutors and investigators are also encouraged to focus on the behaviour of the defendant by taking what has been described as an ‘offender-centric’ approach. This involves police studying the actions of the suspect before, during and after the alleged offence, with prosecutors advising on additional reasonable lines of enquiry, such as digital evidence, CCTV footage and witness statements.
In addition, the CPS is seeking the public’s views on its first domestic abuse public-facing policy statement, which sets out the CPS’s ambition to secure justice in every possible domestic abuse case and the steps being taken to increase the volume of prosecutions and improve outcomes for victims.
Kate Brown added: “Domestic abuse in its many forms is a distressing, dangerous and heinous crime. Our prosecutors are determined to get justice for more victims.
“Our policy statement sets out the clear actions we are taking to increase the number of prosecutions and convictions, including setting out the ways we work with police and exploring how we can make sure victims across England and Wales are receiving consistent treatment.”
The revised guidance also clarifies the CPS’s position that the ‘rough sex’ defense cannot be used as a defense and extending the existing revenge porn offence to include the threat of sharing private sexual images or films.
An additional change made incorporates children into the victim bracket. Any child who sees, hears, or experiences the effects of domestic abuse and is related to the victim or perpetrator, will also be regarded as a victim.