The Domestic Abuse Act 2021 puts a definition of Domestic Abuse (DA) in law for the first time. DA can affect anyone.
The definitions of DA are:
- physical or sexual abuse
- violent or threatening behaviour
- controlling or coercive behaviour
- economic abuse
- psychological, emotional or other abuse
DA consists of the above between two people aged 16 or older who are ‘personally connected’. ‘Personally connected’ includes those in an intimate personal relationship or those who are related.
The definition recognises children as victims of DA if they see, hear or otherwise experience the effects of abuse and are related to either the abuser or the abused.
The ‘Act’ introduced the following duties:
- Statutory duty on local authorities in England to provide support to victims of DA and their children in refuges and other safe accommodation
- Introduced Clare’s Law (Domestic Violence Disclosure Scheme) on a statutory footing
- Prohibits GPs and other health professionals from charging a victim of DA for a letter to support an application for legal aid
- Revenge porn offence extended to cover ‘threat to disclose’
- Controlling or coercive behaviour offence extended to cover post-separation abuse
- Changes to the ‘rough sex gone wrong’ defence
- Homeless victims of DA automatically qualify for priority need for homelessness assistance
- The DA Act includes the new offence of non-fatal strangulation
- Aims to address concerns that non-fatal strangulation and suffocation are hard to prosecute under existing laws, as they often leave no visible/external injury
- The legislation makes clear that the offence applies even if the victim consented to the strangulation but still suffered serious harm as a result.