Refuge responds to Josh Babarinde’s proposed Bill

Abigail Ampofo, interim CEO of Refuge, said:

“Refuge welcomes Josh Babarinde MP’s proposal for domestic abuse to be legally recognised as an aggravating factor in certain offences to address the gaps in current legislation. The Government has pledged to halve violence against women and girls (VAWG) within the decade, so we strongly advise that this proposal is taken forward to better protect survivors of domestic abuse through the justice system.

“Josh Babarinde’s proposed Bill puts forward a framework for domestic abuse to be formally acknowledged as an aggravating factor in assault cases. While domestic abuse is defined in the Domestic Abuse Act 2021, it is prosecuted under general offences such as common assault. This loophole means that the seriousness of domestic abuse is often underestimated. We have seen this shortcoming in action recently, after some domestic abuse perpetrators were released from prison early under the SDS40 scheme.

“Refuge has raised concerns around the SDS40 scheme previously due to gaps in the exemption list which mean that some domestic abuse offenders, and those with a history of domestic abuse who are serving sentences for unrelated offences, are still eligible for early release.

“When the justice system fails to recognise the real risks that abusers pose to survivors’ safety, this can have devastating consequences. We’ve long called for all perpetrators of domestic abuse and VAWG to be exempt from early release schemes and for the victim contact scheme to be expanded to include all survivors of domestic abuse. The proposed bill could prove vital in helping to achieve these changes, while also improving data collection and legal recognition of domestic abuse across the board.

“Too often, survivors have their experiences trivialised by the very system that should be protecting them. Not only is this incredibly damaging to a survivor’s wellbeing – it can be a major barrier in ensuring that survivors receive adequate legal protections, putting their safety in jeopardy. While the Domestic Abuse Act 2021 marked an important step in transforming our society’s response to domestic abuse, we still have a long way to go. We support Josh Babarinde MP’s ask for the proposed legislation to be included in the upcoming draft of the Victims, Courts and Public Protection Bill, and urge the Government to support this move as part of its wider goal to tackle VAWG.”