Are Domestic Abuse Survivors Being Failed by the Justice System?

Last week, the Court of Appeal ruled against a woman seeking justice through the civil system after the police and the Crown Prosecution Service (CPS) disclosed her address to her abusive ex-partner. 

This occurred during a criminal hearing, where conditions were being set for the woman’s ex-partner who allegedly raped the woman, and threatened to kill her, according to the Guardian. A Crown Prosecution Service barrister revealed the woman’s address whilst the abuser was present after Sussex police failed to flag her address as confidential. As a result, the woman became homeless and the disclosure negatively impacted her mental health.

The case will now pass to the supreme court to decide whether the woman can sue the police and CPS. The former Safeguarding Violence Against Women and Girls minister, Jess Phillips, commented that she ‘hopes the court will see sense’ and allow the woman to sue the police. Importantly, the case will determine whether the police will receive ‘core immunity’. 

In relation to the appeal hearing, a lawyer acting for the CPS, argued that ‘people must be able to speak freely in proceedings in court without fear of being sued’. On the flip side, survivors of domestic abuse deserve the right to live freely without fear of further abuse, and their needs must therefore be placed at the forefront of the justice system.

Ultimately, this case highlights the importance of holding institutions accountable for their failings towards survivors and ensuring that survivors’ concerns are heard and acted upon.

A broader concern

However, beyond the forthcoming Supreme Court ruling, this case raises a broader concern about how organisations entrusted with protecting women and girls can instead expose survivors to further harm, calling into question whether their safety is truly being prioritised.

This case arises against the backdrop of the Early Release Scheme, under which prisoners were released before their scheduled release dates due to capacity pressures within the prison system. Many of those released were perpetrators of domestic abuse. Countless survivors of domestic abuse and policy makers have criticised this policy, as it allowed potentially dangerous perpetrators to be released who may still pose a threat to survivors. 

A Women’s Aid survey revealed that survivors are scared for their safety and that there was a ‘lack of information that services could provide to survivors, which could exacerbate existing feelings of stress and anxiety.’ Even if survivors are not faced with immediate physical danger, it is clear that this scheme has negatively affected their mental health.

Refuge, a charity helping survivors, confirmed that further prisoners were released last week, some of whom are perpetrators of domestic abuse.

When domestic abuse survivors and charities raise concerns about this policy but are ignored, it highlights the failure of institutions to prioritise their safety. Coupled with the failings of the police and CPS in the above case, this underscores the need for greater accountability and a justice system that places survivors’ safety at its forefront.