Prosecuting Domestic Abuse: Amplifying the Survivor's Voice in Neoliberal Times

Lead Research Organisation: University of Kent
Department Name: Kent Law School

Abstract

Domestic abuse accounts for nearly one in five CPS prosecutions. Women withdraw their support for the prosecution in one third of those cases (CPS, 2016). At the same time, the CPS regards domestic abuse offences as 'particularly serious' and prosecutors are told that it will be rare that criminal proceedings will not be pursued on public interest grounds (CPS, 2018). This post-doctoral fellowship will explore current CPS working practices in circumstances where the domestic abuse victim is no longer supportive of the prosecution. The fellowship will build on observations made in my PhD thesis which identified amongst a sample of prosecutors a 'tenacious' CPS working practice with the aim of driving up conviction rates in domestic abuse cases. Yet this CPS commitment has the potential to compromise the autonomy of women who have been victims of abuse.

Seeking to unpick some of the discourses and perspectives that may have contributed to the current CPS priority, my PhD thesis sets the policy and empirical work within the context of the women's movement and an era of neoliberalism. Using the lenses of feminism and neoliberalism, the thesis identified key values, philosophies and ideologies that have seemingly informed and shaped the prosecutorial approach. More specifically, feminist campaigners committed to motivating the state into taking domestic abuse seriously, have found recent neoliberal governments particularly receptive in the area of criminal justice and crime control (Halley, 2017; Bumiller; 2008).

The aim of this fellowship is to build upon these theoretical foundations and move towards suggesting theoretically informed best practice for prosecutors. Moreover, the observations and insights arising from the fellowship will also be relevant for those working with domestically abused women and for magistrates. The practitioner-friendly publication (in the form of a booklet) will aim to promote attention to the specifics of each case rather than conflating domestic abuse cases within a one-size-fits-all assessment. In a climate that prioritises convicting the offender, the fellowship aims to redress the lack of attention paid to the reluctant victim. Amplifying her perspective and recognising the myriad ways women exercise their agency becomes key to meeting her needs. It is anticipated this approach will necessarily draw into question the notion of the criminal justice system as the pre-eminent state response to domestic abuse.
The monograph produced during the fellowship will have significant impact and make a substantial
contribution in the academic field of feminist legal scholarship and also for practitioners working in the field of violence against women. By drawing together insights from the monograph, the workshops and practitioner-friendly publications will straddle a significant gap between academic theory and research and prosecutorial daily working priorities. The fellowship's aim is to support the practitioner to make decisions that are at once pragmatically founded and also theoretically justifiable. The major contribution of this fellowship, therefore, is to give confidence to prosecutors (and other closely associated stake holders such as support workers and magistrates) to make decisions that do not immediately align with current neoliberal demands (where that is appropriate).

The practitioner-friendly publication and accompanying short animation to be created with Scriberia will not only be disseminated at workshops but also through appropriate social media platforms.
 
Description My research identifies that Crown Prosecutors tenaciously pursue criminal prosecutions in domestic abuse cases, even where the victim expresses their reluctance to support a criminal prosecution through the criminal court. My research develops a unique way for criminal prosecutors to think about reluctant domestic abuse victims. It encourages prosecutors to be mindful that abuse victims may well be traumatised from their experience and suggests adopting an approach aimed at supporting victims to thrive. With victim thrivership the primary concern, prosecutors are encouraged to take decisions in such cases on a case by case basis- never pre-supposing domestic abuse cases require a singular response. The research places these observations in the context of the women's movement and an era of neoliberalism as a way of understanding the pressures and expectations that are brought to bear on criminal prosecutors that manifests in the 'tenacious prosecution of domestic abuse'.
Exploitation Route The published monograph provides some proposals and challenges to prosecutors to adopt a new approach when considering domestic abuse prosecutions. The award also funded the production of a short and shareable animation outlining the key findings of the research that can be used by others in a variety of settings.
Sectors Government

Democracy and Justice

URL https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/849/1629
 
Description Investment in Research Fund
Amount £2,433 (GBP)
Organisation University of Kent 
Sector Academic/University
Country United Kingdom
Start 09/2023 
End 06/2024
 
Description Coercive Control Legislation in Northern Ireland 
Organisation Queen's University Belfast
Country United Kingdom 
Sector Academic/University 
PI Contribution Publication of a chapter in an edited collection at the request of editors Vanessa Bettinson (De Montford University) and Ronagh McQuigg (Queens University Belfast)
Collaborator Contribution The editors secured the book publication contract and provided peer review.
Impact I drafted the Chapter - 'what might successful coercive control prosecutions look like?'. The Routledge edited collection has contributions from multi-disciplinary authors; law, policing and members working in the charitable sector.
Start Year 2021
 
Description Conference: Criminalising Coercive Control: Challenges for the Implementation of Northern Ireland's New Domestic Abuse Offence 
Organisation Queen's University Belfast
Country United Kingdom 
Sector Academic/University 
PI Contribution This conference was held to discuss what lessons could be learned from the English experience of criminalising coercive control. I presented a paper concerning prosecuting such offences in England and Wales and what Northern Ireland might learn from that. It is hoped this might lead to an edited collection book being published.
Collaborator Contribution They invited me and set up the conference.
Impact TBC
Start Year 2021
 
Description Routledge Handbook on Domestic Abuse 
Organisation University of Leicester
Country United Kingdom 
Sector Academic/University 
PI Contribution I contributed a chapter to this edited collection being edited by Professor Mandy Burton
Collaborator Contribution One chapter in an edited collection
Impact Chapter titled: Re-framing prosecutorial perceptions of 'justice': Towards the goal of 'thrivership'
Start Year 2023