By Scottish Government. Safer Communities Directorate

This research reports on 22 victims' and witnesses' experiences of court since the introduction of the Domestic Abuse (Scotland) Act 2018 (DASA) in April 2019. The Act aimed to expand understandings of domestic abuse, improve the criminal justice system's ability to tackle domestic abuse effectively and increase courts' capacity to protect victims, witnesses and associated children. This in-depth qualitative study contributes to a programme of work to meet the Ministerial 3-year reporting requirement of DASA (S14(2) (f)) to provide: 'information about the experience of witnesses (including witnesses who are children) at court'. Early implementation of the Act (2019-22) coincided with the advent of COVID-19, which had an unprecedented impact on those experiencing domestic abuse and the operation of the justice system; these findings should be considered in that context.

Key findings

According to the 22 adult and child victims/witnesses involved in the research:

The new law better reflects how adult victims experience domestic abuse: participants reported a range of psychological, physical and, for some, sexual harm over time. However, there was limited awareness of what constitutes criminal behaviour under DASA amongst the public (including victims/witnesses) and the professionals that participants encountered.

Many participants felt DASA and/or its provisions were under-utilised. Most reported a continued focus on single/severe incidents of physical violence rather than ongoing abuse. Many felt the justice system struggled with prosecution of psychological abuse, particularly regarding verbal, telephone and online abusive behaviour.

Most parents/child witnesses reported that harm to children was insufficiently recognised; they felt perpetrators were not held accountable for the impact that domestic abuse had on children and that children's safety and specific needs/vulnerabilities were inadequately addressed. Many victims felt that abuse of a third party – for example, family and friends – had not been taken account of adequately throughout the process.

Although there were some positive examples of reporting to the police, this was not the experience of the majority of participants. The immediate aftermath of reporting domestic abuse was a time of particular vulnerability for victims and witnesses. Most participants felt an onus was on them to keep themselves safe during this time.

Participants had inadequate knowledge of decision-making processes and the rationale for decisions made throughout the investigation and court proceedings. They cited a lack of communication, collaboration and involvement/transparency in decision-making. Far from being at the centre of the justice process, they felt on the periphery and marginalised by it.

Participants reported that going to court was difficult and, for many, frightening and traumatic. Feeling uninformed, giving evidence in an adversarial process, court adjournments and delays significantly impacted on their mental health.

Participants raised the potential for court to empower and provide a sense of closure to victims and witnesses, particularly when support and advocacy was provided.

Participants had significant concerns that the investigation, prosecution and sentencing for domestic abuse offences did not adequately reflect the sustained level, severity or impact of abuse experienced.

Safety was not consistently ensured for all participants before, during or post proceedings. This was contrary to their expectations that reporting would stop abuse and provide safety for themselves, family and friends. Non-harassment orders (NHOs) offered some protection and reassurance for victims.

Advocacy and support were reported as the most significant mechanisms for minimising trauma and enhancing feelings of safety; however, participants identified gaps in provision, particularly earlier in the process and post court.

94p.

By Dan A. Black Jeffrey Grogger Tom Kirchmaier Koen Sanders

Domestic abuse is a pervasive global problem. Here we analyze two approaches to reducing violent DA recidivism. One involves charging the perpetrator with a crime; the other provides protective services to the victim on the basis of a formal risk assessment carried out by the police. We use detailed administrative data to estimate the average effect of treatment on the treated using inverse propensity-score weighting (IPW). We then make use of causal forests to study heterogeneity in the estimated treatment effects. We find that pressing charges substantially reduces the likelihood of violent recidivism. The analysis also reveals substantial heterogeneity in the effect of pressing charges. In contrast, the risk assessment process has no discernible effect

IZA Discussion Papers, No. 15885, Bonn: Institute of Labor Economics (IZA), 2023.

By The Commission of Inquiry into Queensland Police Service Responses to domestic and family violence.

The institutional culture of a police force is of vital importance to a community. A police force is numerically strong, politically influential, physically powerful, and armed. It stands at the threshold of the criminal justice system and is in effective control of the enforcement of the criminal law. Each police officer has extensive authority over all other citizens, however powerful, coupled with wide discretions concerning its exercise. Subsequent stages in the criminal justice process, including courts and prisons, are largely dependent on the activities of the Police Force, and will inevitably be affected by its deficiencies, especially any which are cultural and therefore widespread. Investment in cultural change and strong leadership will remove any last vestiges of a culture that does not value women nor understand the costs to us all of allowing domestic and family violence to continue.

The Commission of Inquiry into Queensland Police Service responses to domestic and family violence (the Commission) was established to examine whether there are cultural issues within the QPS that negatively affect police investigations of domestic and family violence. The Commission was also tasked with investigating if any cultural issues identified contribute to the overrepresentation of First Nations peoples in the criminal justice system. It was also required to consider the adequacy of the current conduct and complaint handling process against officers. This companion report is a compilation of case studies, perspectives and experiences shared with the Commission by victim-survivors, police, and other persons. The information is intended to be a snapshot of the evidence gathered from hundreds of submissions and comments provided to the Commission. The stories and case studies about victim-survivors’ experiences have been taken from submissions from victim-survivors’ and organisation and the free text answers from the victim-survivor survey conducted by the Commission. The survey was answered by 848 people. Information and case studies from or about police members, have been taken from 365 submissions, 53 interviews of current and retired QPS members by Mark Ainsworth, free text answers from the QPS DFV-Q survey 2022 (completed by 2,733 members) and a sample of the approximately 6,200 free text responses to the Working for Qld Survey 2021. Case studies were primarily taken from police material provided under notice to produce documents. The views expressed do not profess to be the views held by all members of the QPS. They are instead a representative sample of the evidence the Commission has drawn its conclusions from. This report is intended to be read alongside A call for change (2022), which outlines the Commission’s findings and recommendations. Where names have been used, these are pseudonyms to provide anonymity. Any other identifying details have also been removed to protect the confidentiality of the people involved. Many of the extracts in this report come from submissions that were provided to the Commission on a confidential basis. In each case consent to publish the submission has been obtained from the author. To the extent possible, the Commission has sought to accurately represent the diverse views and experiences that have been shared. The Commission does not necessarily endorse or support the views outlined within this report.

Brisbane: The Commission, 2022. 56p.

By Leesa Hooker, Emma Toone, Sarah Wendt, Cathy Humphreys, Angela Taft

When it comes to recovery from the trauma and harm of intimate partner violence (IPV), the evidence base shows a need for early intervention and responses that include women and their children. This research report provides findings from a pilot evaluation project examining the effectiveness of an early intervention therapeutic model, child–parent psychotherapy (CPP), designed for young children and their mothers experiencing trauma, including IPV. This therapeutic model was developed in the United States as a model of care for mothers and their children to enhance relationships and reduce trauma. This report’s findings aim to inform future trialling and expansion of CPP nationally.

With this aim in mind, the researchers tested the feasibility of CPP in the Australian context, assessed therapist fidelity to the model, and evaluated its effectiveness at improving the health and wellbeing outcomes of women and their children. The evaluation used a small-scale, multisite pilot featuring 18 mother–child dyads and 11 community-based clinical sites in both urban and regional locations in Victoria and South Australia.

The researchers found that the small-scale pilot was promising, reporting the mother–child therapy model to be feasible in the Australian context. Positive outcomes were reported for mothers and children, including increased parental warmth and improved child emotions and behaviours. Women also experienced less IPV post-intervention. Clinicians who adhered most to the model were also better able to build relationships with women and their children and convey a sense of hope. Importantly, the impacts of the COVID-19 pandemic highlighted the overwhelming demand for evidence-based relational, child–parent, and young child-focused therapy like CPP, particularly in rural areas.

This research contributes to a better understanding of the service needs of women and children impacted by IPV, particularly the role of recovery interventions in buffering the long-term effects of IPV on families and developing children.

ANROWS - Australia's National Research Organisation for Women's Safety, 2022. 44p.

By Amy Young, Jennifer Boddy, Patrick O’Leary and Paul Mazerolle

Domestic and family violence (DFV) remains one of the most challenging social problems. Approximately one in six Australian women has experienced physical or sexual violence perpetrated by a current or former intimate partner, while one in four women has experienced emotional abuse (Australian Institute of Health and Welfare 2019). Recent government inquiries into DFV in Queensland and Victoria have called for greater focus on intervention and justice responses for perpetrators (State of Victoria 2016; Women’s Safety and Justice Taskforce 2021). Both inquiries highlight the inadequacy of programs to hold perpetrators accountable and the need to expand the range of evidence-based intervention options.

Trends & Issues in Crime and Criminal Justice No. 676. Canberra: Australian Institute of Criminology, 2023. 16p.

By Kristine Denman, Callie Dorsey, Joel Robinson, Jenna Dole and Ashleigh Maus

The New Mexico Statistical Analysis Center received funding from the Bureau of Justice Statistics to study the case processing of domestic and non-domestic aggravated and sexual assault cases. Two primary research questions guide the study. First, it explores whether there are criminal justice disparities among aggravated assault and sexual assault cases involving domestic violence relative to cases not involving domestic violence. Second, it examines whether female defendants are treated differently than male defendants. Overall, we find that case processing outcomes for domestic assault are either the same or less serious than case processing outcomes for non-domestic assault. These findings differ from those found in a national study conducted by BJS, but are similar to other findings in New Mexico and elsewhere. We also find that male defendants generally have more serious case processing outcomes than female defendants, but this is moderated somewhat by domestic violence involvement. This report describes these findings. A summary report can be found in the “Fast Facts” section of our website.

Albuquerque: New Mexico Statistical Analysis Center, 2020. 37p.

By HM Inspectorate of Probation (UK)

The impact of domestic abuse is significant and far-reaching. An estimated 2.4 million adults were victims of domestic abuse across England and Wales last year, and one in seven children live with domestic abuse at some point in their childhood. Women are disproportionately affected by domestic abuse, with an estimated 1.7 million female victims last year. Those responsible for this abuse account for a very significant part of the Probation Service caseload, with approximately 30 percent of people on probation identified as current or previous perpetrators of domestic abuse. When we last inspected this topic in 2018, we reported that too many individuals were drifting through their sentences without being challenged or supported to change their abusive behaviours. Very concerningly, despite some positive developments in policy, little appears to have improved in practice, and in some respects, things have deteriorated. Only 28 per cent of the cases we inspected for this review had a sufficient assessment which analysed the risks of further domestic abuse, and only 23 per cent had been reviewed adequately to consider significant changes in the case. This is unacceptable and is leaving far too many potential victims at risk. People on probation can be offered a range of interventions aimed at helping them make positive changes in their lives and equipping them to have safe and healthy relationships. However, too few people gain access to these interventions; 45 percent of our case sample should have had access to an intervention but had not. In addition, there is insufficient monitoring of referral, take-up, and completion rates for interventions at a national level to understand the overall picture. It is unacceptable that requirements to undertake a domestic abuse perpetrator programme made as part of sentencing are not delivered, yet this happens in many cases. Staffing shortages in the Probation Service have led to reductions in expectations around minimum levels of contact with people on probation, partnership working, and the delivery of interventions. In domestic abuse cases, this has led to worrying deficits in the standard of sentence management. Probation staff demonstrate high levels of commitment to their work, often working well over their expected hours, but high caseloads often prohibit them from being able to complete meaningful work. In addition, recent changes in legislation through the Domestic Abuse Act 2021, such as the recognition of children affected by domestic abuse as victims in their own right, have not been incorporated into probation practice. More needs to be done to ensure that there is a shared understanding of roles and responsibilities among agencies working with domestic abuse, and that information is shared to safeguard victims

Manchester, UK: HM Inspectorate of Probation, 2023. 61p.

By Hayley Boxall and Christopher Dowling and Anthony Morgan

Differences between male and female perpetrated domestic violence are widely acknowledged. However, there is a lack of Australian data on the circumstances of female perpetrated violence. This study analysed 153 police narratives of domestic violence incidents involving a female person of interest (POI). Results were consistent with international studies. Half of the episodes involved either self-defensive or retaliatory violence—otherwise known as violent resistance—meaning the POI had been a victim of prior violence by their partner or the episode involved a male victim who was abusive in the lead-up to the incident. Violent resistance was more common in incidents involving Indigenous women. The findings highlight the different motivations for female perpetrated domestic violence, and the importance of understanding the complex dynamics of violent episodes.

Trends and Issues in Crime and Criminal Justice, no. 584. Canberra: Australian Institute of Criminology, 2020.17p.

By Carmen Germaine Warner.

From the Preface: Violence and the impact on its victims is nothing new to the helping professional. Specific assessment and intervention has been ad­dressed in Emergency Departments for years, but it has only been within the past decade that first responders have been challenged with the shared responsibility for the early stabilization and man­agement of victims of violence. Accompanying this responsibility is the need for first responders to be prepared both educationally and emotionally to intervene in situations of violence. The first per­son who cares for victims of violence plays a critical role in not only establishing good lines of communication but possesses the poten­tial for developing a trusting relationship. This element of trust helps the victim to remain open and creative throughout stages of short and long-term intervention. It is only with a comprehensive foundation of theory, specific causes, victim and family impact, along with conflict intervention that first responders will effec­tively be able to understand and properly manage victims of vio­lence.

This text is designed to provide the reader with a firm knowl­edge base. The first section outlines some of the theories and philosophies concerning violence, why and how it occurs, specific learned behavior, and factors which influence evolvement, along with common threads in violent behavior. The second section emphasizes definitions, general knowl­edge, statistical data, signs and symptoms, and the victim's specific transition sequences. Section Three identifies specific intervention techniques which, based on the accumulated knowledge base gained in sec­tions One and Two, will afford the reader a comprehensive, holistic approach to quality assessment and management.

Maryland. Robert J. Brady & Co. 1981. 279p.

By William F. McDonald

This book offers a comprehensive examination of the many forms of victimization of immigrants, including trafficking in persons for sexual exploitation and forced labor; assaulting, robbing and raping; refusing to pay wages; renting illegal living space that violates health codes; and domestic abuse both in general, and in particular, of mail-order brides.

McDonald examines a broad range of quantitative and qualitative data from historical and international sources including the USA, Canada, Mexico, Britain, Australia, France, Germany, Italy, Sweden, the Netherlands, Switzerland, Austria, Poland, and Spain. He writes with a view to correcting myths about the relationship between immigrants and crime, noting that immigrants are more likely to become victims than offenders.

The book outlines the multiple forms and contexts in which immigrants are victimized, exploited, and harmed. Reviewing micro- and macro-level victimological and sociological theories as they apply to patterns and forms of immigrants’ victimization, this study ultimately seeks to understand reasons for which immigrants are victimized by their own kind, and by persons outside their community.

Cham: Palgrave Macmillan, 2018. 135p.

By Mary Wakeham.

This study adopts a feminist methodology to explore the coexistence of animal abuse and domestic abuse. This study builds on the growing body of research in this area that to date has largely been situated in the US, Canada and Australia to provide new knowledge. There were three phases of data collection in this research which included a national online survey, semi-structured interviews with victim-survivors of domestic violence and abuse and interviews with professionals.

The research findings provide compelling evidence that animal abuse is a strategy of coercive control and an act of animal cruelty. The oppression of women, children and animals are intertwined in patriarchal systems, and nowhere is this interconnection more apparent than in the co-occurrence of animal abuse and domestic violence and abuse. A human-centric approach dominates definitions and the prevailing public story about domestic violence and abuse across society. This conceptualisation focuses on the human victim-survivor in isolation but undermines the status of the animal and the importance of the animal in the dynamics of abuse. We need to extend our construction of domestic violence and abuse to include animals as victim-survivors. Animals are the silent victim- survivors of domestic violence and abuse.

The oppression of animals is compounded by the dominant status of animals in society as ‘less important’ than human beings and ‘property’ that is ‘owned’ by humans. This conceptualisation of animals is underpinned by animal welfare legislation in the UK that provides a platform for perpetrators of domestic abuse who abuse animals to justify and continue the abuse of animals often with little consequence or challenge. This research highlights the many parallels between the abuse of animals and people in the context of domestic abuse and the implications of the abuse for all victim-survivors – humans and animals.

Bristol, UK: University of Bristol, 2021. 261p.