The group identified gaps that often lead to domestic abuse victims being prosecuted
A lawyer-led charity in the U.K. dedicated to holding the state accountable for violence against women and girls has developed a training program aimed at helping criminal defence lawyers understand the dynamics of domestic abuse, enabling them to effectively represent victims accused of offending.
The Centre for Women’s Justice has identified gaps in law and practice that often lead to domestic abuse victims being prosecuted without their experiences being properly considered. The centre’s director highlighted the importance of this initiative in addressing the deficiencies in the criminal justice system.
“Time and again we see the criminal justice system, including criminal defence lawyers, not fully understanding the dynamics of domestic abuse,” said Harriet Wistrich, the centre’s director. “Common remarks like ‘She gave as good as she got’ reveal a lack of understanding about how domestic abuse works, including coercive control and the mechanisms that entrap women in abusive relationships.”
The Law Society Gazette reported that the training program aims to educate lawyers on the complexities of domestic abuse, helping them better represent women who are victims. Wistrich emphasized the importance of understanding why women may not disclose abuse, why they stay in abusive relationships, and why they might send seemingly loving messages to their abusers. This context is crucial for building a defence and addressing potential miscarriages of justice.
Self-defence and partial defences to murder can be significantly enhanced by a deeper understanding of domestic abuse. For instance, a woman in a coercive relationship might be forced to hold her partner’s drugs or sign false documents. Lawyers who comprehend these dynamics can provide better mitigation, and the centre aims to reform the defence of duress to include such cases.
“There are different ways in which coercive treatment can force women into offending and then take the blame for it,” Wistrich explained.
The training program consists of four online sessions. It will be delivered by experts including Harriet Wistrich, Jacqui Kilburn, and Bianca Petkova of Women’s Aid, Bridget Irving from Goldman Bailey Solicitors, Paramjit Ahluwalia of One Pump Court, and Rachel Chapman from Broudie Jackson Canter.
An in-person training day will also be held later this year, covering topics such as representing black and migrant women, challenging CPS and court proceedings, defences, and criminal appeals. This comprehensive approach aims to equip lawyers with the necessary tools to advocate effectively for victims of domestic abuse accused of crimes, ensuring their experiences are appropriately considered in legal proceedings.
