Stop Punishing Domestic Abuse Survivors

Dear Rt Hon Shabana Mahmood MP, Lord Chancellor and Secretary of State for Justice, Lord Timpson OBE, Minister of State for the Ministry of Justice, Alex Davis-Jones MP, Parliamentary Under-Secretary (Ministry of Justice). Rt Hon Yvette Cooper MP, Secretary of State for the Home Department Jess Phillips MP, Parliamentary Under-Secretary (Home Office) and Rt. Hon Dame Diana Johnson Minister of State (Home Office),

Survivors are being arrested, sentenced and imprisoned as a result of their experiences of domestic abuse, which we and our partners see regularly in our frontline work with women. Together with over 100 organisations and individuals specialising in violence against women and girls and the criminal justice system, we are writing to ask for your commitment to end the unfair punishment of survivors of domestic abuse and reduce the harm done to survivors if they are drawn into the criminal justice system.

As the Secretary of State for Justice said in her recent party conference speech committing to reduce the number of women in prison, three in five women in prison report experiencing domestic abuse. Women who are coerced into offending, acting in self-defence, or facing malicious allegations as part of a pattern of coercive control, are being punished rather than supported

2017 research found that there are strong links between women’s experience of domestic and sexual abuse and coercive relationships, and their offending. [1] The Corston Report, published 17 years ago, identified that coercion by men represented a significant contributing factor in many women’s offending. [2] Black, Asian, minoritised and migrant women face additional discrimination and inequality, further increasing their risk of unjust treatment under the law. [3]

Gaps in law and practice mean these connections are often overlooked in decisions to arrest, prosecute, convict and sentence. For example, it’s currently very hard for women who use force to defend themselves from an abuser, to argue in court that it was self defence.[4] We also find that Pre-Sentencing Reports that detail a woman’s experience of domestic abuse are often not taken into account during sentencing, something we hope will be addressed in the upcoming Sentencing Review.

We are calling for a coordinated, cross government response to prioritise domestic abuse within the Women’s Justice Board’s strategy as an additional, fourth key focus, with two vital objectives:

1. End the criminalisation of survivors of domestic abuse
2. Support survivors, rather than punish them

This means tying in the new Women’s Justice Board strategy, including a domestic abuse focus, with the government’s welcome commitment to halve violence against women and girls. This will require the Ministry of Justice and Home Office to work together.

As well as considering the ways survivors of domestic abuse are criminalised, we urge the government to mandate that the Women’s Justice Board holds a clear, accountable remit to ensure specialist support for survivors of domestic abuse in prison and under community supervision. Although some effective work exists, it needs systematic and sustainable funding through multi-year grants, as well as providing support for women pre-release and on transition into the community. We also hope to see an intersectional approach as part of this support, which prioritises addressing overlapping inequalities experienced by Black, Asian, minoritised and migrant women and girls, and considers women who are criminalised because of sex work and trafficking.

We value ongoing work to address and prevent domestic abuse and violence against women and girls. Now, we need that same commitment to reach women in the criminal justice system and to prevent women from being criminalised in the first place.

We urge you to take immediate action to include domestic abuse as an additional, critical priority in the Women’s Justice Board’s strategy. Let’s ensure we support survivors and prevent their unjust punishment and imprisonment. The time for change is now.

We look forward to your leadership on this critical issue and welcome the opportunity, alongside our partners, to discuss our recommendations further. Please contact Women in Prison’s Head of Policy and Public Affairs, [email protected].

Yours faithfully,

Sonya Ruparel,

CEO of Women in Prison

Liz Mack, CEO, Advance

Indy Cross, Chief Executive, Agenda Alliance

Harriet Wistrich, Solicitor and Director, Centre for Women's Justice

Baljit Banga, CEO, Hibiscus

Nikki Bradley, Director of Services, Women’s Aid

Cherie Blair CBE KC

Kate Osamor MP, Chair of the All-Party Parliamentary Group on Women in Contact with the Criminal Justice System

Apsana Begum MP, Chair of the APPG for Domestic Violence and Abuse

Baroness Gabrielle Bertin, Co-Chair of the APPG for Domestic Violence and Abuse

Ann Davies MP

Kim Johnson MP

Wera Hobhouse MP

Baroness Ruth Lister of Burtersett

Ian Byrne MP

Dame Caroline Dinenage DBE MP

Dame Vera Baird KC

The Rt Revd Rachel Treweek, Lord Bishop of Gloucester and Anglican Bishop for HM Prisons

Annette So, Director, Criminal Justice Alliance

Cherryl Henry-Leach CEO, Standing Together Against Domestic Abuse

Niki Gould, Director of Women's Community Services, The Nelson Trust

Claire Hubberstey, CEO, One Small Thing

Janey Starling and Seyi Falodun-Liburd, Co-directors, Level Up

Dame Caroline Mason, CEO, Esmee Fairbairn Foundation

Jo Dawes, Head of Income and Engagement, Oasis Domestic Abuse Service

Karen Horner, Chief Executive Officer, Tomorrow's Women

Javina Greene, Researcher

Abi Billinghurst, Founder & CEO, Abianda

Chloé Geoghegan, Chair, Corston Independant Funders' Coalition

Abigail Ampofo, Interim CEO, Refuge

Jules Hillier, Chief Executive, Pause

Hannah King, Associate Professor, Durham University

Priya Sahni-Nicholas and Jo Wittams, Co-Executive Directors, Equality Trust

David Challen, Domestic Abuse Campaigner

Lora Draper CEO, The Change Project

Clare Feeney-Johnson Domestic Abuse Support community manager, Springfield Domestic Abuse Support

Robb Campbell, Chief Executive, Nacro

Nahar Choudhury, Chief Executive Officer, Solace Women's Aid

Pia Sinha, CEO, Prison Reform Trust

Maria Cripps, Assistant Director of Domestic Abuse Services, Cranstoun

Jo Gough, CEO, RISE (Sussex)

Anita Dockley, independent criminal justice consultant

Janaya Walker, Head of Public Affairs, End Violence Against Women Coalition

Marsha Powell, CEO, BelEve

Jaime Richards

Naomi Delap, Director, Birth Companions

Suzanne Gardiner, Services Manager, Well Women Centre, Wakefield.

Jo Todd CBE, CEO, Respect

Anne Fox, Chief Executive Officer, Clinks

Saskia Lightburn-Ritchie, CEO, Cheshire Without Abuse

Dr Laura Abbott, Associate Professor [Research],University of Hertfordshire / Lost Mother's Project

Sue Penna CEO, Rock Pool C.I.C

lucie russell, CEO, User Voice

Rokaiya Khan CEO, Together Women

Penelope Gibbs, Director, Transform Justice

Antonia May Cross, Head of Influencing, Switchback

Paul Carbury, Chief Executive, Smallwood Trust

Julie Wright, Business Support, Safety Net UK

Dr Ella Simpson, Senior Lecturer in Criminology, University of Greenwich

Anna Herrmann, Artistic Director/Joint CEO, Clean Break

Jemima Olchawski, CEO, Fawcett Society

Ruby Peacock, barrister

Jo Wells, CEO, The Firebird Foundation

Angela Everson, CEO, Women Centre

Karlia Lykourgou, Barrister, Doughty Street Chambers

Ben Cooper KC, Barrister

Salma Ullah, Co-founder, SHEWISE

Fiamma Pather, CEO, Your Sanctuary

Omran Belhadi, Barrister

Nick Brown, Barrister, Doughty Street Chambers

Andrea Coomber KC (Hon.), Chief Executive, Howard League for Penal Reform

Rosie Watson, Head of External Relations, Domestic Abuse Alliance

Mary Westcott, Barrister, Doughty Street Chambers

Harriet Johnson, Barrister

Charlie Lockley, Chief Executive, Stepping Stones (Luton)

Abbi Ayers, Director of Strategic Development, National Women's Justice Coalition

Laura Seebohm, Chief Executive, WWIN - Specialist domestic abuse service for Sunderland

Caroline Cook, Chief Executive, Luton All Women's Centre

Annie A Gibbs, Founder & CEO, Amour Destiné

Joy Doal, CEO, Anawim Birmingham Women’s Centre

Natasha Finlayson, Chief Executive, Working Chance

Sam Smethers, interim CEO, Surviving Economic Abuse

Melissa Green, CEO, The Women's Institute (The WI)

Sara Kirkpatrick, CEO, Welsh Womens Aid

Emma Torr, Co-Director, APPEAL

Professor Loraine Gelsthorpe (Em) Criminology/Criminal Justice. Chair, Probation Institute

Zlakha Ahmed, Chief Executive, Apna Haq

Ros Olleson, criminal defence Solicitor

Khatuna Tsintsadze, Director, Zahid Mubarek Trust

Dr Kate Leader, Senior Lecturer, School of Law, Queen Mary University of London

Liz Hogarth OBE, Independent Adviser

Kate Lill, Women Prisoners' Caseworker, Prisoners' Advice Service

Niki Gibbs, Artist and campaigner

Vanessa Bettinson, Professor in law, Northumbria University

Pragna Patel, Co-Director, Project Resist

Trupti Reddy, COO, Tender Education and Arts

Anthea Sully, Chief Executive, White Ribbon UK

Sarah Hill, CEO, IDAS (Independent Domestic Abuse Services)

Selma Taha, Executive Director, Southall Black Sisters

Jenny Beck KC (Hon)

Rachel Williams, Founder, Stand Up to Domestic Abuse

Carol Lindsay Green, Programme Director, Soroptimist International Of Great Britain and Ireland

Irene Sobowale, Chief Executive, Brainkind

Dr Sofia Buncy, Director, Muslim Women in Prison Project

Pavan Dhaliwal, Chief Executive, Revolving Doors

Deborah Coles, Executive Director, INQUEST

Notes to editors

• Women in Prison is a national charity that delivers support for women affected by the criminal justice system in prisons, in the community and through our Women's Centres. We campaign to end the harm caused to women, their families and our communities by imprisonment

• Advance, Agenda Alliance, Centre for Women’s Justice, Hibiscus and Women’s Aid have partnered with Women in Prison to support the open letter

End notes

[1] “Women can become trapped in a vicious cycle of victimisation and criminal activity.” Prison Reform Trust (2017) There’s a reason we’re in trouble: Domestic abuse as a driver to women’s offending. See also women’s stories here www.centreforwomensjustice.org.uk/stop-criminalising-survivors

[2] For example Corston, J. (2007) The Corston Report: A report by Baroness Jean Corston of a review of women with particular vulnerabilities in the criminal Justice system. Home Office p19.”

“We know that in many cases vulnerabilities can be a contributing factor in female offending, whether substance misuse issues, experience of abuse, relationship issues, housing issues, employment or financial issues. We recognise the major part that domestic abuse can play in female offending. This abuse can take different forms, including coercive and controlling behaviour....” MoJ (2018) Female Offender Strategy https://assets.publishing.service.gov.uk/media/5b3349c4e5274a55d7a54abe/female-offender-strategy.pdf p.11

Centre for Women’s Justice (2021) Women who kill: How the state criminalises women we might otherwise be burying

[3] Women in Prison (2023) Policy briefing: The disproportionate use of remand for Black, minoritised and migrant women https://womeninprison.org.uk/media/downloads/Briefing-APPG-5th-December-Disproportionate-impact-of-remand.pdf

[4] Centre for Women’s Justice (2021) Women who kill: How the state criminalises women we might otherwise be burying; Centre for Women’s Justice (2022) Double Standard: ending the unjust criminalisation of victims of violence against women and girls. and while trafficking victims who are forced to offend have a statutory defence, there is no equivalent for domestic abuse victims who are coerced into offending'. Centre for Women’s Justice (2023) Making self-defence accessible to victims of domestic abuse who use force against their abuser: Learning from reforms in Canada, New Zealand and Australia; O’Loughlin et al (2024) Defendants as Victims: a scoping review of vulnerability, victimhood and safeguards from charge to conviction, University of York