Domestic Abuse Bill – the need for an offence of non-fatal strangulation – Centre for Women’s Justice

[stumbledin]

I think I am right in saying there will be a second reading of the Domestic Abuse Bill tomorrow.

And I think somewhere on twitter it said Harriet Harman had put forward a clause to be added to make this a specific crime.

www.centreforwomensjustice.org.uk/news/2020/4/27/domestic-abuse-bill-the-need-for-an-offence-of-non-fatal-strangulation

Also:

Write to Your MP and Sign Our Petition to End “Rough Sex” Defences – We Cant Consent to This wecantconsenttothis.uk/actnow

I have signed the petition and emailed my MP. The briefing document is compelling evidence to back up the need for an offence of non fatal strangulation.

I also ordered T shirts for my DD and her friend and BF who are all locked down in their student flat. I hope they will wear them with pride and spread the message and raise awareness among their friends and fellow students.

wecantconsenttothis.teemill.com/collection/t-shirts/

Thank you for highlighting this.

I'm not sure if it is a new clause or this one from 2019:

“No defence for consent

(1) If, in the course of any behaviour which constitutes domestic abuse within the meaning of this Act, a person (“A”) wounds or assaults another person (“B”) causing actual bodily harm, more serious injury or death, it is not a defence to a prosecution that B consented to the infliction of injury.
(2) Subsection (1) applies whether or not the actual bodily harm, more serious injury or death occurred in the course of a sadomasochistic encounter.”

“Consent of Director of Public Prosecutions

(1) In any homicide case in which all or any of the injuries involved in the death, whether or not they are the proximate cause of it, were inflicted in the course of domestic abuse, the Crown Prosecution Service may not, in respect of the death—
(a) charge a person with manslaughter or any other offence less than the charge of murder, or
(b) accept a plea of guilty to manslaughter or any other lesser offence without the consent of the Director of Public Prosecutions.
(2) Before deciding whether or not to give consent for the purposes of subsection (1), the Director of Public Prosecutions must consult the immediate family of the deceased.”

publications.parliament.uk/pa/bills/cbill/2017-2019/0422/amend/domestic_rm_pbc_1007.1-3.html

THANK YOU!

fiona from wcctt here

Yes we expect second reading today from 1pm (time may vary) and you can watch online - should be some powerful submissions
parliamentlive.tv/Event/Index/054db461-0467-42e2-afee-1fde126da7d1

MP's led by harriet will (re)propose the amendments above on DPP review, moving existing case law into statute, and a new clause to protect homicide victims in these crimes and give them the same protection as rape victims in having their identity protected. And additionally now to enshrine non fatal strangulation as a specific offence - so important given these assaults are underprosecuted. And this is an important measure to stopping rough sex claims too - too many men strangle women and arent charged with it because they say she consented.

Government has committed to end rough sex claims but need to make their own proposals - we say they must at a minimum match the effect of those proposed by harriet and the cross party group of MPs.

I hope your daughter and friends love their tshirts FannyCann x

moving existing case law into statute

...oh yes because Crown Court judges do get awfully confused if law isn't set down into statute, poor lambs.

important measure to stopping rough sex claims too - too many men strangle women and arent charged with it because they say she consented

yeah right - make your mind up. Oh well, the first clause makes no difference, I suppose.

The second one is interesting as it drives coach and horses through those principals distinguishing manslaughter from murder. [popcorn]

Just to say I cant really claim to be up to date on this but saw info on facebook and updates on womensgrid www.womensgrid.org.uk

Now time to watch so hope WomanDaresTo comes back and updates us!

I have had a skim read of the debate yesterday and only a few MPs spoke up about this particular clause.
www.theyworkforyou.com/debates/?id=2020-04-28a.233.0

I dont understand the procedures enough, but are the clauses now included or do they have to be voted on.

It just says Second Reading concluded.

T shirts gratefully received Woman and more importantly three young people learning about your campaign and hopefully spreading the word among their friends.

Well these clauses are all because some judges and some bits of the CPS didn’t understand the criminal law.

The first one puts Brown into law (or attempts to). Frankly it doesn’t take very much thought to see why that had to happen, and it wasn’t because the law was well understood.