Domestic Abuse Policy
5 Definition of domestic abuse
The Government statutory definition of domestic abuse is:
Behaviour of a person ('A') towards another person ('B') is 'domestic abuse' if - (a) A and B are each aged 16 or over and are 'personally connected' to each other, and (b) the behaviour is abusive.
Behaviour that is considered abusive
Behaviour is 'abusive' if it consists of any of the following:
(a) physical or sexual abuse
(b) violent or threatening behaviour
(c) controlling or coercive behaviour
(d) economic or financial abuse
(e) psychological, emotional or other abuse; and it does not matter whether the behaviour consists of a single incident or a course of conduct
(GOV.UK, 2021)
The statutory definition within the Domestic Abuse Act 2021 was created to provide clear information on what domestic abuse is and how to identify it, which can be used across a multi-agency approach to tackle domestic abuse at all levels (GOV.UK, 2021).
Under the same definition, also included is so called 'honour'-based violence, female genital mutilation (FGM), forced marriage and stalking and harassment (GOV.UK, 2021).
Honour-based violence
Honour-based violence is a crime or incident committed to protect or defend the 'honour' of a family or community. There is not one specific crime of honour-based abuse, instead it can involve a range of crimes and behaviours, such as forced marriage, sexual violence, pressure to go or move abroad, being kept at home with no freedom, not allowed to use the telephone, internet, or have access to important documents like your passport or birth certificate and isolation from friends and members of your own family (Met Police, 2024).
Female genital mutilation
Female Genital Mutilation (FGM), also called 'female cutting' or 'female circumcision', is when a female's genitals are deliberately altered or removed for non-medical reasons.
This happens because of various cultural, religious and social reasons. Some communities think that FGM will help the girl in some way, such as preparing her for marriage or childbirth. FGM can cause severe psychological, emotional and medical problems. It can include extreme pain, shock, infection and many other long-term serious medical issues (GOV.UK, 2003).
Coercive control
Also included under this definition and now a criminal offence following the Serious Crime Act (2015) is coercive control.
The Government defines controlling behaviour as, 'A range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour (GOV.UK, 2013).' The UK Government also defines coercive behaviour as 'An act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victims and survivors' (GOV.UK, 2013).
Stalking
Stalking is a specific form of harassment, introduced in Section 2A of the Protection from Harassment Act 1997 (as amended by the Protection of Freedoms Act 2012).
It includes harassment, plus behaviours such as:
- following a person
- repeatedly contacting or attempting to contact them
- watching or spying on them
- monitoring their internet or social media use
- loitering near their home or workplace
To qualify as stalking, the behaviour must be repeated, unwanted, and cause the victim to feel fear, alarm, or distress.
Harassment
Under Section 1 of the Protection from Harassment Act 1997, harassment is defined as:
A person must not pursue a course of conduct which:
- amounts to harassment of another
and
- they know or ought to know amounts to harassment
A 'course of conduct' typically means at least two incidents.
Harassment can include:
- unwanted phone calls, texts, emails, or letters
- verbal abuse or threats
- damaging property
- following someone or loitering near their home or workplace
The behaviour must cause the victim to feel distressed, humiliated, threatened, or fearful.
Online and digital abuse
Many relationships that begin romantically can quickly become controlling, with partners reading emails, checking texts and locations of social media posts. Research conducted by Refuge in 2021 found that 1 in 3 women in the UK have experienced online abuse (perpetrated on social media or other online platform) at some point in their lives.
Online platforms are increasingly used to perpetrate domestic abuse.
Online abuse can happen over long periods and escalates over time. It can include behaviours such as monitoring of social media profiles or emails, abuse over social media such as Facebook or Twitter, sharing intimate photos or videos without your consent, using GPS locators or spyware. Research by the Victim's Commissioner (2022) found that 40% of victims of cyber stalking reported that they experienced this for more than 2 years.
Conviction data for image-based sexual abuse (commonly referred to as 'revenge pornography') show that out of the 376 prosecutions for this offence recorded in the year ending March 2019, 83% (313) were flagged as being domestic-abuse related. (ONS, 2019)