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Jean-Yves Gilg

Editor, Solicitors Journal

The challenge of understanding domestic abuse

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The challenge of understanding domestic abuse

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The CCTV video clip showing American football star Ray Rice flooring his fiancée with a single blow in an Atlantic City casino elevator, has put domestic abuse back at the top of the news agenda.

The case, from earlier this year, gathered fresh momentum when shocking footage from a security camera inside the elevator emerged and went viral online.

It not only shows the ‘behind closed doors’ brutality of domestic abuse, but it also illustrates the unpredictability and complexity
of domestic abuse cases.

One moment, victim Janay Palmer was lying face down and stone cold, being dragged limp and unresponsive out of the elevator by her attacker. Within weeks she had married him and was robustly defending him via social media following disclosure of the CCTV evidence.

While the surroundings were plush, and the suspect a $7m a year sports celebrity, experienced lawyers will recognise a classic domestic abuse scenario repeated
in many homes worldwide.

Sandra Horley, chief executive of the UK women’s and children’s charity Refuge, says it can be difficult for people to understand why a woman would stay with a violent partner. “Domestic violence is incredibly complex: it works slowly and cumulatively, like water dripping on a stone. It thrives on secrecy”. She’s right.

The Rice case has inspired a global Twitter hashtag campaign whereby abused women, and some men, have stated #whyistayed or #whyileft, giving a fascinating insight into their motives.

Posts included: “I was too embarrassed and ashamed to admit to anyone what was happening” and “I’ll never forget his face disfigured by rage while he kicked and cursed me when I was lying on the floor.”

Of course, society is making great strides with regard to domestic abuse. Ministers are considering a new law making domestic abuse a specific criminal offence, and the definition was widened last year to include ‘any incident or pattern of incidents of controlling, coercive, threatening behaviour’.

Police officers are generally effective at dealing with the immediate danger of domestic violence and abuse.

A recent report by Her Majesty’s Inspectorate of Constabulary supported this view, certainly in respect to one of our local forces, Merseyside Police, which currently has around 2,000 domestic abuse cases on its books, around half of those high risk.

What happens after the 999 call is the key to progress. It takes courage for any abuse victim to reach out for or sometimes to merely accept help. They should never be left feeling more vulnerable and wondering why they bothered.

Understanding the complex nature of domestic abuse and how and why victims may not always respond as expected, as illustrated by Janay Palmer, is an important element. SJ

Paul Hunt is a senior associate at Kirwans