Family of Essex woman welcome new protection for people in abusive relationships

Domestic Abuse Bill cracking down on emotional and coercive control is made law after years of campaigning

Author: Mick Coyle & Aaron RenfreePublished 30th Apr 2021

The family of an Essex student have welcomed new laws that ban a defence against murder, which delves into somebody's sex-life in court.

Grace Millane was strangled after a Tinder Date in New Zealand - with her killer claiming it was a 'sex game gone wrong'.

The Domestic Abuse Bill's now been approved - which makes the defence unacceptable.

Her cousin, Hannah O'Callaghan, says it was awful hearing such personal details being made public:

"It was truly horrendous and it is horrendous now.

"She was on trial and wasn't there to defend herself.

"Family, friends, everybody had to listen to Grace's private life and things which may or may not have happened.

"No family should have to go through that."

What has changed?

For the first time in history there will be a wide-ranging legal definition of domestic abuse which incorporates a range of abuses beyond physical violence, including

  • Emotional control
  • Coercive or controlling behaviour
  • Economic abuse

The measures include important new protections and support for victims ensuring that abusers will no longer be allowed to directly cross-examine their victims in the family and civil courts, and giving victims better access to special measures in the courtroom to help prevent intimidation – such as protective screens and giving evidence via video link.

Years of campaigning

Under the Domestic Abuse Act Police will be given new powers including:

  • Domestic Abuse Protection Notices providing victims with immediate protection from abusers
  • Courts will be able to hand out new Domestic Abuse Protection Orders to help prevent offending by forcing perpetrators to take steps to change their behaviour, including seeking mental health support or drug and alcohol rehabilitation.

In recent weeks, the Government has added new measures to the Bill to further strengthen the law, including creating a new offence of non-fatal strangulation, extending an offence to cover the threat to disclose intimate images, and clarifying the law to further clamp down on claims of “rough sex gone wrong” in cases involving death or serious injury.

End of the "Rough Sex" defence

The Act will outlaw the use of the rough sex defence, which is often used by offenders to suggest the victim was complicit with acts of violence against them.

Grazia Magazine has campaigned for it to be included in the legislation after working with the group We Can't Consent To This (WCCTT)

Writer Rhiannon Evans told us:

"While it might seem the rough sex defence is something that doesn't happen that often, its is something that could affect any woman at anytime. It's an important law change and we're glad to say men cannot do this anymore."

Fiona McKenzie from WCCTT told us the new rules must be enforced:

"It's so important police are trained in this, that they're given the resources to investigate and there are clear pathways for women to report, and that has to happen all the way through - police, prosecutors, judges, the whole criminal justice system has to work together."

Grace's cousin Hannah added:

"We are so truly overjoyed that this bill has come in, not just for ourselves but for the future.

"This means that this cannot be used in defence again.

"So someone can't use it to get away with murder. Let's call it what it is.

"You can't consent to your own murder."

Act given Royal Assent

Speaking on the new law, Home Secretary Priti Patel said:

“Domestic abuse and violence against women and girls are utterly shameful. As Home Secretary, I am determined to work tirelessly to keep vulnerable people safe and bring crime down.

“The Domestic Abuse Act is long overdue. This landmark Act will transform the support we offer across society. This includes the support Government provides to victims to ensure they have the protection they rightly need, so that perpetrators of these abhorrent crimes are brought to justice.”

Helplines

You can find out more about where to turn if you, or someone you know, is in an abusive relationship.

See the Refuge website for more information or call the National Domestic Abuse Helpline on 0808 2000 247

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