ASS071-1 Law Society and Controversy, Assignments of Law

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ASS071-1 Law Society and Controversy

Table of Contents

• Introduction
• Analysis of societal opinion
• Related Legislation and the Case Law
• Conclusion
• References

and helpless. Due to the increasing cases of domestic violence, protection is also necessary to be ensured for the children as well as it can affect them mentally and emotionally. Analysis of societal opinion The rate of the offence of domestic violence is increasing day by day. The women are going into depression due to this. Many health problems are increasing among the victims of domestic violence. This problem of domestic violence is not recognized for many years. It came to light due to the media and many campaigns done by various groups. It can be said that the perception of society is that the crime of domestic violence is done by men with female members in their house. In the article ‘Domestic abuse: The ‘forgotten’ victims failed by the system’ by Frankie McCamley (https://www.bbc.com/news/uk-england-london-60509125), the domestic abuse the immigrants has been highlighted. They are not able to any source to escape from the abusive relationship. The constitutional rights provided to them are also very limited. These victims are not even known by anyone and they are silently suffering. A case was mentioned in the article stating that a woman came to London to meet her boyfriend and undergo domestic abuse by her boyfriend over the issue of her pregnancy. The violence done by her boyfriend was both physical and mental. No legal or other help was available to her, failing her to escape from the abusive relationship. The benefits related to welfare and housing are not available to immigrants who are not in a legal marital relationship with the citizens of Britain. The No Recourse to Public Funds (NRPF) rule has been established that states the limitation of the rights provided to immigrants. The migrant women are highly subjected to the offence of domestic violence and they are just forgotten. Society has never given equality of status to women with men. The financial dependency of women on men is more as many of them are not financially independent. The financial instability of women is a major factor in the increasing rate of crime of domestic abuse against them. Society also does not extend much support to the victims of this offence. Poverty is also a major factor for occurring domestic violence as women will poor backgrounds don’t have many resources and support to escape or fight back against the culprit. Financial abuse is also a type of domestic abuse in which the women's financial resources are also under the control of men and they refrain from using their financial resources, leaving them miserable and dependent on their partners. Women with certain disabilities are also prone to such offences of domestic violence as the availability of job opportunities is less for such women and equality

in the payment of salaries is also lacking. Disabled women have to face many other problems such as the non-accessibility of various services, difficulty in using public transport, and the number of adopted homes is also very few for such women. According to Williamson, Lombard, and Brooks-Hay (2020), during the lockdown held due to the Covid-19, domestic abuse and murder cases have increased, and the situation was alarming during this period. Though certain guidelines were given by the government to ensure the protection of the victims of domestic abuse. Related Legislation and the Case Law According to Legislation.gov.uk (2021) (https://www.legislation.gov.uk/ukpga/2021/17/contents/enacted ), the Domestic Abuse Act 2021 is enacted to protect the victims of domestic violence. The understanding and awareness are to be enhanced through this Act about the effect of domestic abuse on the victims of such crimes and their immediate families. The judicial system is also tried to improve through this Act for enhancing the effectiveness of redressal of cases of domestic violence to ensure that justice is being provided to the victims of domestic violence and appropriate punishment is being provided to the offenders. To achieve the objectives of this Act, a constitutional definition of domestic abuse has been mentioned in the Act and focus has been done on the fact that domestic violence can also be emotionally, economically, or by exercising intimidation. A separate office of the Commissioner of Domestic Abuse has been established by mentioning the authorities and roles of the Commissioner. A responsibility has been imposed on the authorities working on a local level to ensure a place for living for the sufferers of domestic violence and their children. The cross-examination of the victims of domestic violence by the offenders is to be prohibited under this Act. A strategy has been introduced through this Act named as domestic abuse perpetrator strategy. It has been stated that the preference in providing housing facilities needs to be given to those persons who are the victims of domestic violence who do not have any place to live and who are homeless. The provisions of this Act will be applied to the entire of England or Wales. According to Gov. UK (2022) (https://www.gov.uk/government/publications/domestic-abuse- bill-2020-factsheets/domestic-violence-disclosure-scheme-factsheet ), the Domestic Violence Disclosure Scheme has been implemented for enabling the police to share the previous criminal records of the partner or ex-partner with the victim or the possible victim, to ensure their protection from the possible criminal activity of domestic abuse. This law is also known as

Conclusion The report has focused on the offence of domestic abuse. According to the laws of the UK, domestic violence will include harming a person physically, mentally, emotionally, psychologically, and financially. The victims of this crime suffer from many mental and physical diseases, even sometimes slip into depression. The crime of domestic abuse is not limited to people of a certain class or background. People belonging to every class, culture, financial status, and economic background are facing the offence of domestic abuse. In England, women are more prone to this offence as compared to men due to the superiority complex of men. They consider themselves superior as in the UK, women are more dependent on them as they are not financially stable. Disabled women are also facing issues relating to domestic violence. According to an article in a newspaper, the financial dependency of women is a major cause of domestic abuse. The immigrants who are not married to the citizens of the UK are facing these problems of violence from their partners due to the non-availability of the appropriate legal rights. The report states about the Domestic Abuse Act 2021, which has been enacted to ensure protection for the victims of domestic abuse by spreading awareness among the victims and their immediate families. The Domestic Violence Disclosure Scheme has also been implemented to educate the victims or the possible victims of domestic violence about the preceding criminal acts of their partners or prospective partners. It needs to be ensured by the court that the cross-examination of the victim by the perpetrator is to be avoided during the hearing. The case laws have also been mentioned to showcase the point of view of the court regarding the offence of domestic violence. The court has always been in the support of the victims of domestic abuse and has extended support by ensuring punishment to the offender.

References Chandan, J.S., Thomas, T., Bradbury‐Jones, C., Taylor, J., Bandyopadhyay, S., and Nirantharakumar, K., 2020. Risk of cardiometabolic disease and all‐cause mortality in female survivors of domestic abuse. Journal of the American Heart Association, 9 (4), p.e014580. https://www.ahajournals.org/doi/pdf/10.1161/JAHA.119. Ferguson, G., Featherstone, B. and Morris, K., 2020. Framed to fit? Challenging the domestic abuse ‘story’s child protection. Critical and Radical Social Work, 8 (1), pp.25-40. https://e- space.mmu.ac.uk/627601/1/Framed%20to%20fit%20-%20AFC%202019-08- 28%20%281%29.pdf Gov.uk. 2022. Domestic Violence Disclosure Scheme factsheet. [online], Available at: https://www.gov.uk/government/publications/domestic-abuse-bill-2020- factsheets/domestic-violence-disclosure-scheme-factsheet. [Accessed on: 15 March 2022] Legislation.gov.uk. 2021. Domestic Abuse Act 2021. [online], Available at: https://www.legislation.gov.uk/ukpga/2021/17/contents/enacted [Accessed on: 15 March 2022] McCamley. 2022. Domestic abuse: The ‘forgotten’ victims failed by the system. [online], Available at: https://www.bbc.com/news/uk-england-london-60509125. [Accessed on: 15 March 2022] Richardson, K., and Speed, A., 2019. Two worlds apart: a comparative analysis of the effectiveness of domestic abuse law and policy in England and Wales and the Russian Federation. The Journal of Criminal Law, 83 (5), pp.320-351. http://nrl.northumbria.ac.uk/id/eprint/38292/5/Speed%2C%20Richardson%20- %20Two%20worlds%20apart%20AAM.pdf Williamson, E., Lombard, N. and Brooks-Hay, O., 2020. Domestic violence and abuse, coronavirus, and the media narrative. Journal of Gender-Based Violence, 4 (2), pp.289-

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