Findings in a report published in November by the Office for National Statistics (ONS) - Domestic abuse during the coronavirus (COVID-19) pandemic, England and Wales showed a marked increase in the number of domestic abuse cases reported. From March to June 2020, the police recorded 259,324 offences that were domestic abuse-related. ONS figures show that this represented a 7% increase year on year from the previous figure of 242,413 in 2019. The data also shows that this was an increase of over 18% since 2018 when 218,968 cases of domestic abuse were reported. Shockingly, 206,492 recorded offences during the lockdown period were also flagged as violence against the person offences.
Although the recorded crime data shows an evident increase in domestic abuse-related offences during the COVID-19 pandemic, there has also been a gradual increase in reported domestic abuse-related offences over recent years. As an authoritative source, the ONS has concluded that “it cannot be determined whether this increase can be directly attributed to the coronavirus pandemic as police have improved their recording of these offences over recent years”.
The same set of data also shows an increase in demand for domestic abuse victim services, shelters and helplines during the pandemic; but again the ONS concludes that “this does not necessarily indicate an increase in the number of victims, but perhaps an increase in the severity of abuse being experienced, and a lack of available coping mechanisms such as the ability to leave the home to escape the abuse, or attend counselling.”
During the first initial lockdown, many court services had been suspended causing a backlog of delays throughout the system. A recent ITV News investigation found that a backlog in Crown Court Jury trials has spiked 89% since the start of the pandemic with over 57,000 cases waiting to be heard. Some minor domestic abuse cases can be held in the magistrate’s courts, however, more serious cases of domestic abuse including violence and rape need to be heard in the Crown Courts in front of a jury.
The report states that Victim Support has a number of survivors of domestic abuse who will not have their cases heard until 2023. With ongoing restrictions and an overall strain on the system, many cases are being rescheduled or cancelled at short notice.
Domestic Abuse charities and the Victims’ Commissioner believe that delays in the system caused by Covid-19 are contributing to the large number of domestic abuse victims withdrawing their cases. Figures backed by the Home Office show that 42% of rape victims dropped their cases in the period ending September 2020. Over the past five years, figures show that this rate has more than doubled. These figures also extend to victims of domestic abuse where it is flagged as violence against the person. During 2020, 44% dropped their cases against an abusive partner, which is in stark contrast to other crimes – sitting at 25%
Could the increase in the number of victims withdrawing also be correlated to the way the court system allows domestic abuse and rape survivors to give their evidence at trial?
Currently, in most cases, domestic abuse and rape victims can give their evidence via video link, which has been further increased during the COVID-19 pandemic. For rape and domestic abuse victims, the delays have meant an agonising wait of up to three years, holding them back from moving on from the ordeal for a protracted length of time.
The introduction of Section 28 in 1999 meant vulnerable victims including children could record their account as soon as the perpetrator had been charged, removing the need for them to further attend court to relive their ordeal. A scheme similar has recently been tried across three counties, allowing intimidated victims to provide an account at the point of conviction. These recordings are directed by a judge, and the victim can be cross-examined by lawyers. This video evidence will then be used in the trial and removes the need for the victim of rape or domestic abuse the need to testify in court. The Domestic Abuse Act 2021 puts domestic abuse survivors into this category, allowing video evidence to be pre-recorded, however, an overall timetable for the full implantation of this system has still not been provided by the Ministry of Justice (MOJ).
Although a fair trial and judgement is an important milestone for survivors, many also require immediate help with basic needs, financial, housing and psychological support. Due to the increase in recent years of cases, support services have been overwhelmed. Delays mean more and more victims are stuck in abusive positions and placing more pressure on an already struggling system. According to Victim Support, it has received 20,000 more referrals related to domestic abuse than its average before the pandemic.
Can the courts be fully to blame?
Ultimately, the court service is just part of an overstretched system that sits between the middle and the end of the chain of services that victims require access to. We can see that from the starting point of charities and organisations that provide immediate through to long-term support, right through to seeking justice, the overwhelming number of ever-increasing cases are having a direct impact on the system.
Already the Government have committed to ensuring victims have their cases investigated thoroughly and pushed through the courts as quickly as possible and offering the best support to victims. Unfortunately, in many cases, this is yet to be seen.
