In the 12 months to 31st May 2021 Herts Police dealt with 8,706 identified victims reporting domestic abuse offences. Of these, a small number (71) were found to be suspects in shoplifting offences. Unfortunately, the data does not contain information as to why a person would commit a shoplifting offence but for a victim of DA who is being controlled or threatened, the following may give us more of an insight.
Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. A study of women in the criminal justice system a decade ago found that coercion by male partners and relatives is a distinct route into criminality and prison for some.
Many women in prison have been victims of much more serious offences than the ones they are accused of, with a growing body of research indicating that women’s exposure to physical, emotional and sexual abuse, including coercive control is, for some, a driver of their offending.
Not all victims will receive custodial sentences but some will have received a fine, community service and a criminal record which may then affect their ability to seek employment. Most women who leave prison have neither a home nor job to return to. Women are also much more likely to be primary carers, with children far more directly affected by a prison sentence as a result. One fifth are lone parents before imprisonment meaning that only 5% remain in their own home, 40% are cared for by grandparents or other family members and many go into foster care. Studies have shown that children whose mothers are sent to prison are more likely than their peers to have future problems. These include an increased likelihood of criminal offending, dropping out of education early, mental health problems, forming unhealthy relationships and drug and alcohol addictions.
The response of criminal justice agencies to women offenders affected by domestic abuse is key to breaking the cycle of victimisation and offending. Criminalisation and particularly imprisonment compound the problems of women affected by abuse.
The Domestic Abuse Bill received royal assent on 29 April 2021. It is a landmark piece of legislation however it still fails to protect victims who offend, or are alleged to offend as a direct result of their experience of abuse. There are things that can be done to improve outcomes for DA victims who are in custody and under probation supervision:
· provide the opportunity to disclose abuse
· provide the opportunity to ask for and receive help and support
· ensure they receive a sensitive and safe response
· recognise and meet the safeguarding needs of children affected by domestic abuse
· referral and support to access appropriate services to meet needs
Appropriate services include:
Advocacy services which help explore and access services in the community and identity and achieve personal goals. These can improve well-being and reduce chances of physical re-abuse of those who have suffered domestic violence.
Short-term trauma-focussed counselling or cognitive-behavioural approaches to treating trauma, which can improve the health of survivors of domestic abuse.
Some of the following stories give us an insight as to why and how victims of DA find themselves committing crimes such as drug and money laundering, assault and driving convictions.
“I’d been dating someone for only a few weeks when he rang me at work to say that he was being evicted from his current property. He said he had withheld his rent because of damp and things that needed fixing. I let him store some possessions in my house and he slept on a friend’s sofa. He was telling me things that made me feel like he had been let down by so many people and institutions that I didn’t want to do the same and reinforce the feelings he was sharing about feeling worthless and unlovable.
He eventually moved in. I told him that there were to be no taking drugs in my house. I had a job that relied on my reputation and I knew that even folk finding out my partner was doing x y z would result in my losing my job. I came home one day and he was cutting cocaine in my kitchen and making wraps to sell. There were drugs and weapons in my house. I felt completely sick.
The participation started very low level. Like things being in my property, agreeing to give him alibis and taking his phone with me so it looked like he was somewhere else. He was also arranging for people to travel overseas to open bank accounts. He put a lot of pressure on me to do this but I didn’t. He always had a lot of young women around him that thought he was amazing who would do these things. When I started making a stand against what was going on he became really violent. He made it clear that I couldn’t do anything because he had people who would hurt me or I’d lose my job and the police would arrest me too. Eventually as I knew he wouldn't leave, I moved out of my own house and we split up. Had I stayed with him, the story may have ended very differently.”
“I am Sophie, aged 40, I received a six-month community order with 10 days rehabilitation activity requirement for common assault, my first criminal conviction. I had been married for over 13 years and separated from my husband 18 months before the offence. I disclosed both verbal and physical abuse for the duration of our relationship, the police were often called out to our address by neighbours. We have two children together, an 11-year-old daughter and a ten-year-old son, and the children were the main reason I did not want to end the relationship. My offence was against my ex-husband’s new partner, whom I assaulted when I saw her with my ex-husband, dancing together in a pub. My actions on that evening were the result of anger and frustration built up during my relationship with my abusive ex-husband. I have been diagnosed with anxiety and depression and I am now receiving counselling.”
“At 25, I was diagnosed with post-traumatic stress disorder, depression and anxiety as a result of being in an abusive relationship for around two and a half years. My ex-partner has been convicted of offences against me and there is now an indefinite restraining order in place. I was studying Law at university but was forced to drop out by my ex-partner, and I am now unemployed but not in receipt of benefits. I was convicted of driving whilst disqualified and possession of class B cannabis and received a community order with unpaid work and 20 days rehabilitation activity requirement. This offence occurred as a result of threats made by my ex-partner against my family and friends if I did not use my mother’s car to drive him around, despite being disqualified. Due to fear of what he might do, I reluctantly agreed to do this. We were stopped by the police who conducted a search and found cannabis in the car. This belonged to my ex-partner, but I took the blame.”
For far too many survivors of domestic abuse their journey ends in a prison cell rather than being offered space in a refuge or the support from a counsellor or GP. We need a new approach that recognises the link between experiencing gender-based violence and women’s offending. Domestic abuse can leave long-term and widespread effects on some women who may have endured years of being repeatedly assaulted, threatened, ridiculed, starved of money and isolated from their friends – all done by someone they thought loved them…..