UK Proposes Legal Defence for Domestic Violence Victims Who Harm or Kill Their Partners

Article here. Excerpt:

'The United Kingdom is considering sentencing reforms which would provide a legal defence to victims of domestic violence who harm or kill their perpetrators after being subjected to sustained abuse.

The proposal comes in the wake of an independent review into the adequacy of the way in which domestic violence complainants are treated in the criminal justice system, including whether current protections are sufficient to reduce the endemic problem of domestic abuse in the United Kingdom and provide justice for victims.

One of the reviews conclusions was there needs to be greater consideration of the mitigating factors and ‘special circumstances’ in cases where a victim kills their abuser after suffering prolonged and sustained abuse.

Under the proposal, a murder charge could be reduced to manslaughter despite a complainant’s intent to kill, and the definition of self-defence would be broadened to include assaults in circumstances where they are not a response to an imminent threat.

Because not all forms of domestic violence leave visible bruises, scars and broken bones, one of the significant challenges for victims is gathering enough information or proof, particularly of coercive control, or emotional and psychological abuse, to press charges.

Coercive control is not always easy to identify either – and often the perpetrator and victim are the only ones who are aware that they’re occurring within the relationship.

New South Wales Police recently introduced an app which is still in development, but which will work as a “Domestic Violence diary” enabling victims to secretly log and document incidents of violence on their phones with notes and photos and videos.

The well-intentioned app, designed by two police officers, is designed to empower victims to gather a body of evidence, but there are questions about whether such evidence would be admissible in court.

The Surveillance Devices Act 2007 (NSW) outlines that people cannot be recorded without their knowledge, even people who may be suspected of committing a crime.'