The Domestic Violence, Crime and Victims Act 2004: Relevant or ‘Removed’ Legislation?

Abstract

This article examines the extent to which the Domestic Violence, Crime and Victims Act 2004 responds to the needs of a number of women experiencing violence in the East Midlands. We seek not to evaluate the Act, but rather to offer an informed analysis of its relevance in light of our research findings. The research itself was a ‘snapshot’ study, conducted in April 2005, of 18 domestic violence ‘crisis’ services across five counties in the East Midlands. Through those services, a questionnaire was administered to crisis service‐users and a total of 93 questionnaire responses received. The questionnaire sought to explore women's experience of violence and the help‐seeking process in which they engaged. Whilst we did not directly seek the respondent's views on the 2004 Act, our findings offer rich data on which to reflect when considering the potential of this new legislation. We evaluate some of the main provisions of the Domestic Violence Crime and Victims Act 2004 and, in the light of feminist concerns, we frame our discussion around the question: ‘Is the Domestic Violence Crime and Victims Act 2004 relevant to the needs of domestic violence survivors?’ We note that an understanding of the interconnected and multiple experiences of survivors is central to the development of effective legislation. We also argue for the relevance of domestic violence related suicide and attempted suicide, to a full understanding of the needs of survivors.

Keywords:

• domestic violence
• Crime and Victims Act 2004
• domestic violence
• suicide
• legislation
• multi‐agency

Notes

1. We recognise the debates surrounding terminology of ‘violence against women by known men’ and in this instance refer to physical, psychological and sexual abuse as ‘domestic violence’.

2. We refer to women as ‘survivors’ as opposed to victims. Whilst not wishing to ignore that women are victims of violence, our research demonstrates that women often experienced multiple episodes of domestic violence whilst seeking support. In referring to these women as survivors we aim to go some way to highlight women's strength and agency, rather than emphasise traditional notions of victimhood.

3. Taken from Burman & Chantler (2005: 60) who “use the term ‘minoritisation’ to highlight that groups and communities do not occupy the position of minority by virtue of some inherent property but acquire this position as the outcome of a socio‐historical process.”