Domestic Abuse and its Importance:
How to Protect BAME Women &
Children in the UK?
Law Research Dissertation
School of Law
LLB Law
DATE:
UB Number:
Word count:
,Abstract
Domestic violence effected an estimated 5.0% of adults aged 16 and over (6.9%
women and 3.0% men) in England and Wales in the year ending in March 2022,
according to the Crime Survey for England and Wales (CSEW) 1. This translates to
around 2.4 million individuals from the UK. That is approximately 1.7 million women
and 699,000 men too many. The persistent suffering of human beings makes it vital
to examine this issue critically. So, this dissertation will provide a general overview of
domestic abuse in the United Kingdom, discuss the dynamics between abusive
males and their victims after a separation, and examine the legal framework
surrounding domestic abuse in England. It will also focus on how Black, Asian, and
Minority Ethnic (BAME) groups are affected by domestic violence and how their
culture perceives abuse. In addition, the readers of this dissertation should have a
better grasp of the reasons why domestic violence should be an issue that has to be
discussed more openly, and of the critical role that doing so plays in safeguarding
women and children in this country. It will detail a wide range of definitions, statistics,
legislation, case law, and possible remedies for domestic violence by dividing the
issue into the four broad categories that I have previously addressed. For example, it
will provide a summary of relevant case law, including ‘Gibson v Austin [1992] 2’,
which included a cohabiting couple whose relationship deteriorated after W
threatened M twice with a knife. As well as how the 'balance of harm' test, as set out
in section 33(7)3 of the ‘Family Law Act 1996 4’, was first discussed in the case of
‘Chalmers v. Johns [1999]5’, will be implemented in ‘G v A [1992] 6'. Concluding, that
the court will impose an order as they see appropriate if it seems that the applicant
or any relevant child is likely to suffer substantial injury at the hands of the
respondent. As well as the BAME case 'R v Kowalski [1988]7, in which H threatened
W with sexual activities because W filed for a divorce, as an example of the
seriousness of domestic abuse. Furthermore, with the enactment of the ‘Domestic
Abuse Act of 20218’, a legal definition of domestic abuse was established, stressing
that it encompasses more than simply physical assault. Abuse may take many
forms, including sexual, psychological, and financial etc. The purpose of the law is to
encourage victims to come forward and report abuse, knowing that the state would
do all in its power to help them and their children and to bring the perpetrator to
justice9. This dissertation then goes on to discuss the serious effect that domestic
violence has on women and children from BAME communities by extensively
1
Onsgovuk, 'Domestic abuse in England and Wales overview: November 2022' (Office for National Statistics , 25 November
2022) <https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/
domesticabuseinenglandandwalesoverview/november2022>accessed 10 April 2023
2
Gibson v Austin [1992] 2 FLR 437, CA
3
The Family Law Act 1996 cl 33((7))
4
The Family Law Act 1996
5
Chalmers v Johns [1999] 1 FLR 392
6
Gibson v Austin [1992] 2 FLR 437, CA
7
R v Kowalski (1988) 86 Cr App R 339, CA
8
The Domestic Abuse Act 2021
9
Govuk, 'Domestic Abuse Act 2021: overarching factsheet' (Home Office, 11 July 2021)
<https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-bill-2020-overarching-
factsheet> accessed 10 April 2023
2
,discussing the specific experiences of each cultural group in regard to domestic
violence. Gypsy and Traveller women, for example, are raised to believe that
domestic violence is acceptable because it is part of their culture; South Asian
women are reluctant to contact authorities because doing so is seen as disrespectful
to their culture; and black women are not taken seriously by law enforcement
because of the colour of their skin. Some victims of domestic abuse opt to remain in
violent relationships, but those who remove themselves and their children from the
home must negotiate child custody and visitation agreements. So, the mothers'
perspectives and the experiences of women of colour and women of South Asian
descent in the context of post-abuse contact arrangements will also be explored
next. The dissertation then finally continues into the primary legal examination of
domestic violence in the UK. It discusses the diverse laws which are in place to
protect women and children from their abusers. For example, how 'the child's welfare
shall be the court's paramount consideration 10' which is stated in the ‘Children Act
198911’. It concludes by suggesting that despite the fact that domestic violence has
occurred, the legal system in the United Kingdom finds that it is in the best interests
of children to maintain contact with their fathers after a separation.
10
The Children Act 1989 cl 1(1)
11
The Children Act 1989
3
, Contents
1. Summary ….……………………………………………………………….... Page
5
2. Domestic Abuse ……………………………………………………………. Page
5
2.1 Defined …………………………………………………………………….… Page
5
2.2 Statistics ……………………………………………………………………... Page
6
2.3 Various Types of Domestic Abuse …………………..……………………. Page
6
2.4 Acts of Parliament ……………………………………………………….….. Page
6
2.5 Orders under the Domestic Abuse Act 2021 …………………………….. Page
7
2.6 Available Remedies ………………………………………………………… Page
8
2.7 Case Examples ……………………………………………………………... Page
8
2.8 No Room for Domestic Abuse …………………………………………….. Page
9
3. Black, Asian, and Minority Ethnic (BAME) Groups …………..…….. Page
10
3.1 Defined ………………………………………………………………..……. Page
10
3.2 Statistics ………………………………………………………….….…….. Page 11
3.3 Acts of Parliament ………………………………………………….….….. Page
11
3.4 Domestic Abuse within the BAME Community ………………….…..… Page 12
3.5 Domestic Abuse in Black Ethnic Groups ………………………………... Page
13
3.6 Domestic Abuse in Asian Ethnic Groups ………………………………... Page
14
4
How to Protect BAME Women &
Children in the UK?
Law Research Dissertation
School of Law
LLB Law
DATE:
UB Number:
Word count:
,Abstract
Domestic violence effected an estimated 5.0% of adults aged 16 and over (6.9%
women and 3.0% men) in England and Wales in the year ending in March 2022,
according to the Crime Survey for England and Wales (CSEW) 1. This translates to
around 2.4 million individuals from the UK. That is approximately 1.7 million women
and 699,000 men too many. The persistent suffering of human beings makes it vital
to examine this issue critically. So, this dissertation will provide a general overview of
domestic abuse in the United Kingdom, discuss the dynamics between abusive
males and their victims after a separation, and examine the legal framework
surrounding domestic abuse in England. It will also focus on how Black, Asian, and
Minority Ethnic (BAME) groups are affected by domestic violence and how their
culture perceives abuse. In addition, the readers of this dissertation should have a
better grasp of the reasons why domestic violence should be an issue that has to be
discussed more openly, and of the critical role that doing so plays in safeguarding
women and children in this country. It will detail a wide range of definitions, statistics,
legislation, case law, and possible remedies for domestic violence by dividing the
issue into the four broad categories that I have previously addressed. For example, it
will provide a summary of relevant case law, including ‘Gibson v Austin [1992] 2’,
which included a cohabiting couple whose relationship deteriorated after W
threatened M twice with a knife. As well as how the 'balance of harm' test, as set out
in section 33(7)3 of the ‘Family Law Act 1996 4’, was first discussed in the case of
‘Chalmers v. Johns [1999]5’, will be implemented in ‘G v A [1992] 6'. Concluding, that
the court will impose an order as they see appropriate if it seems that the applicant
or any relevant child is likely to suffer substantial injury at the hands of the
respondent. As well as the BAME case 'R v Kowalski [1988]7, in which H threatened
W with sexual activities because W filed for a divorce, as an example of the
seriousness of domestic abuse. Furthermore, with the enactment of the ‘Domestic
Abuse Act of 20218’, a legal definition of domestic abuse was established, stressing
that it encompasses more than simply physical assault. Abuse may take many
forms, including sexual, psychological, and financial etc. The purpose of the law is to
encourage victims to come forward and report abuse, knowing that the state would
do all in its power to help them and their children and to bring the perpetrator to
justice9. This dissertation then goes on to discuss the serious effect that domestic
violence has on women and children from BAME communities by extensively
1
Onsgovuk, 'Domestic abuse in England and Wales overview: November 2022' (Office for National Statistics , 25 November
2022) <https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/
domesticabuseinenglandandwalesoverview/november2022>accessed 10 April 2023
2
Gibson v Austin [1992] 2 FLR 437, CA
3
The Family Law Act 1996 cl 33((7))
4
The Family Law Act 1996
5
Chalmers v Johns [1999] 1 FLR 392
6
Gibson v Austin [1992] 2 FLR 437, CA
7
R v Kowalski (1988) 86 Cr App R 339, CA
8
The Domestic Abuse Act 2021
9
Govuk, 'Domestic Abuse Act 2021: overarching factsheet' (Home Office, 11 July 2021)
<https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-bill-2020-overarching-
factsheet> accessed 10 April 2023
2
,discussing the specific experiences of each cultural group in regard to domestic
violence. Gypsy and Traveller women, for example, are raised to believe that
domestic violence is acceptable because it is part of their culture; South Asian
women are reluctant to contact authorities because doing so is seen as disrespectful
to their culture; and black women are not taken seriously by law enforcement
because of the colour of their skin. Some victims of domestic abuse opt to remain in
violent relationships, but those who remove themselves and their children from the
home must negotiate child custody and visitation agreements. So, the mothers'
perspectives and the experiences of women of colour and women of South Asian
descent in the context of post-abuse contact arrangements will also be explored
next. The dissertation then finally continues into the primary legal examination of
domestic violence in the UK. It discusses the diverse laws which are in place to
protect women and children from their abusers. For example, how 'the child's welfare
shall be the court's paramount consideration 10' which is stated in the ‘Children Act
198911’. It concludes by suggesting that despite the fact that domestic violence has
occurred, the legal system in the United Kingdom finds that it is in the best interests
of children to maintain contact with their fathers after a separation.
10
The Children Act 1989 cl 1(1)
11
The Children Act 1989
3
, Contents
1. Summary ….……………………………………………………………….... Page
5
2. Domestic Abuse ……………………………………………………………. Page
5
2.1 Defined …………………………………………………………………….… Page
5
2.2 Statistics ……………………………………………………………………... Page
6
2.3 Various Types of Domestic Abuse …………………..……………………. Page
6
2.4 Acts of Parliament ……………………………………………………….….. Page
6
2.5 Orders under the Domestic Abuse Act 2021 …………………………….. Page
7
2.6 Available Remedies ………………………………………………………… Page
8
2.7 Case Examples ……………………………………………………………... Page
8
2.8 No Room for Domestic Abuse …………………………………………….. Page
9
3. Black, Asian, and Minority Ethnic (BAME) Groups …………..…….. Page
10
3.1 Defined ………………………………………………………………..……. Page
10
3.2 Statistics ………………………………………………………….….…….. Page 11
3.3 Acts of Parliament ………………………………………………….….….. Page
11
3.4 Domestic Abuse within the BAME Community ………………….…..… Page 12
3.5 Domestic Abuse in Black Ethnic Groups ………………………………... Page
13
3.6 Domestic Abuse in Asian Ethnic Groups ………………………………... Page
14
4
