Behind Closed Doors: Understanding the Landmark Domestic Abuse Bill 2019

Domestic abuse is a criminal offence, first formally defined in 1973 by Jack Astley.

It is now understood as controlling, coercive or threatening behaviour, violence or abuse, whether physical, emotional, sexual or financial.

To understand the significance of the Domestic Abuse Bill 2019, it is essential to recognise the fragmented legal landscape it seeks to reform.

Domestic abuse currently sits across several pieces of legislation, including the Serious Crime Act 2015, the Sexual Offences Act 2003 and the Offences Against the Person Act 1861.

The Bill aims to consolidate these provisions and address the gaps that have contributed to low conviction rates and inconsistent protection for victims.

Domestic Abuse Figures

The statistics reveal the scale of the problem:

• More than one in ten offences recorded by police are related to domestic abuse

• Two women per week on average are killed by a partner or former partner

• Two million adults experience domestic abuse each year

• Domestic abuse costs England and Wales an estimated sixty‑six billion pounds annually

• Recorded domestic abuse has risen by twenty‑three per cent since 2018

• The conviction rate stands at seventy‑six per cent

Domestic abuse is often hidden and underreported.

The conviction rate only reflects cases that reach trial, which is a small proportion of the total. Domestic abuse remains one of the most serious human rights issues in the United Kingdom, affecting equality, safety and wellbeing across society.

Why Are the Figures So High and the Conviction Rate So Low?

Several factors contribute to the scale of domestic abuse and the difficulty in securing convictions.

Victims may fear their partners or feel unsafe reporting abuse. Only thirty‑eight per cent of domestic abuse crimes recorded last year were reported by victims. Many cases collapse because victims decide not to continue with proceedings, resulting in restraining orders or acquittals rather than convictions.

Evidence is often limited. Only eighteen per cent of domestic abuse cases were referred from police to the Crown Prosecution Service due to insufficient evidence. In such circumstances, police may use Out of Court Disposal Cautions instead of pursuing charges.

Funding reductions have also had an impact. Cuts to Legal Aid mean victims must compete for refuge spaces, with sixty per cent of women refused. Thousands of victims have had to face abusers in court without legal representation, including cross‑examination by partners or former partners.

Domestic Violence Protection Orders, introduced in 2014, are frequently used when evidence is insufficient to charge perpetrators. Domestic Violence Disclosure Schemes allow individuals to ask whether a partner has a history of abuse, but these measures do not replace the need for effective prosecution.

Additional Government Data

Government surveys highlight further reasons for low reporting and conviction rates:

• Forty‑six per cent of victims feel the incident is too trivial to report

• Thirty‑nine per cent view it as a private family matter

• Seven per cent feel unable to access help

• Many fear embarrassment or believe the police will not assist

• One per cent receive out‑of‑court disposals

• Twenty‑four per cent refuse to give evidence due to fear of cross‑examination

• Victims may rely on Non‑Molestation and Occupation Orders instead of criminal proceedings

These findings show that domestic abuse is shaped by fear, stigma, lack of support and structural barriers within the justice system.

How Domestic Abuse Has Previously Been Tackled

The United Kingdom signed the Istanbul Convention in 2011, the first binding international framework addressing domestic abuse.

Although the UK signed the treaty, it did not ratify it, meaning it must work in line with its principles but is not fully accountable under international human rights law.

The Prisons and Courts Bill 2017 attempted to prevent victims from being cross‑examined by abusers in family courts, but the legislation was abandoned due to the snap general election.

The Proposed Way Forward: The Domestic Abuse Bill 2019

In July 2019, Parliament introduced the Domestic Abuse Bill, a landmark reform intended to transform the justice system, increase conviction rates and modernise the legal response to domestic abuse. The Bill aims to address economic abuse, controlling behaviour and non‑physical harm.

Key proposals include:

• A statutory definition of domestic abuse, including economic abuse

• A ban on cross‑examination of victims by abusers in family courts

• The creation of a Domestic Abuse Commissioner to improve accountability

• Domestic Abuse Protection Notices and Orders to allow early intervention

• Automatic eligibility for special measures to support victims giving evidence

The Effect of Prorogation

The prorogation of Parliament in 2019 temporarily halted progress on the Bill. Prorogation suspends parliamentary activity, causing all Bills to fall unless carried over. The legality of the prorogation was examined by the Supreme Court, and the Scottish Court of Appeal held it to be unlawful.

Although the Domestic Abuse Bill was still at an early stage, campaigners expressed concern about delays. Former Family Court judge James Murphy was among those calling for urgent action.

Conclusion

The Domestic Abuse Bill is a once‑in‑a‑generation opportunity to reform the law and strengthen protection for victims. The government has stated its intention to continue the Bill into the next parliamentary session, reflecting its political and social importance.

Domestic abuse costs billions each year and affects hundreds of thousands of people. Nearly a quarter of women and ten per cent of men aged sixteen to fifty‑nine have experienced partner abuse. These figures highlight the urgent need for comprehensive legislation.

Domestic abuse remains underreported and often hidden. The Domestic Abuse Bill offers a path toward greater accountability, improved support and a more effective justice system. Its progress is essential to prevent further harm and ensure meaningful protection for survivors.

Support is available for anyone affected by domestic abuse through organisations such as Women’s Aid, the National Domestic Violence Helpline and Men’s Advice Line.