Will Clare's Law really help reduce domestic violence?

Not everyone with prior domestic violence convictions goes on to reoffend.

In 2009, Clare Wood, from Salford, Greater Manchester, was strangled to death and her body set alight by her former boyfriend, George Appleton. His body was found hanged 6 days later in an abandoned pub in the Greater Manchester area.

This was a particularly high-profile crime, and received much attention in the national press. The murder was the culmination of a series of incidents of domestic violence in the couple’s relationship, many of which were reported to the local Police Force, but no action was taken. An IPCC report found Greater Manchester Police to be guilty of “systematic failures” in relation to the case.

An inquest delivered a verdict of unlawful killing. Upon hearing this verdict, Wood's father, Michael Brown, seemed to suggest that domestic violence was particularly commonplace in the UK. This sentiment was echoed by former Home Office minister, Lynne Featherstone, who stated that we need to:

“deal with domestic violence which is unacceptable and epidemic in this country”

However, according to the British Crime Survey of 2011, incidents of “intimate partner violence” have fallen by around 50 per cent over the past 20 years. This only goes to show how mainstream media reporting can significantly skew official statistics and, with it, public understanding of particularly emotive topics.

A campaign, designed to allow people entering into new relationships to access information about potential partners’ propensity for domestic violence, was founded shortly after the inquest into Clare Wood's death. This was backed by Clare’s father, her local MP, Hazel Blears, and eventually by Home Secretary, Theresa May, who stated that:

“The Government is committed to ensuring that the police and other agencies have the tools necessary to tackle domestic violence to bring offenders to justice and ensure victims have the support they need to rebuild their lives”

The Domestic Violence Disclosure Scheme (DVDS) pilot scheme will run for an initial 12 months, and allows anyone living in the areas covered by the pilot forces (Gwent, Greater Manchester, Wiltshire, and Nottinghamshire), to apply to their local police force for information on prospective partners’ previous involvement in violent crime.

But do we need a scheme like DVDS, and will it be effective?

Whilst research shows that previous violence is the single biggest predictor of future violence, and this is possibly the rationale behind the introduction of the DVDS pilot scheme, it should be noted that not everyone with historical convictions for violent crimes go on to beat his or her future partners.

Many have concerns about the information being provided under DVDS legislation. It could be the case that many applications for information will return false-negative results (that is, police could report no previous record of violence, despite a history of violent behaviour). This is due to the under-reporting of domestic violence, with an estimate 50 per cent of all cases of domestic violence going unrecorded due to factors such as the victim believing the issue to be a private one, low prosecution levels, or fear of additional attacks. Even where cases of domestic violence are reported, success of the DVDS is dependent on police forces taking appropriate actions in order to record complaints and protect potential victims. 

And what about the impact of the DVDS on ex-offenders? 

Many people who, after being convicted and appropriately punished for committing violent crimes, begin to rebuild their lives in the community. Schemes such as the DVDS have a potentially destructive effect on their journey towards desistance from crime.

Desistance is the process by which an ex-offender adopts a non-criminal identity. This is often a long and difficult journey, beginning in prison, and continuing through into the community upon release. Official statistics suggest that around 60 per cent of prisoners are re-convicted with 12 months of release – a figure used by populist media outlets as evidence for longer and harsher sentencing. 

However, a group of desistance scholars had the idea to look towards a group who may shed some light on how people move away from crime – the 40 per cent who are not reconvicted. Their research led to the development of a documentary, The Road from Crime, which provides an insightful analysis of the desistance process.

Findings from US-based research into “Megan’s Law”, a scheme whereby parents can apply for information about a person’s previous sexual offending, found that over-surveillance was in fact a risk factor for future offending. This has clear implications for the DVDS scheme, which could be seen as preventing ex-offenders from forming meaningful personal relationships – a factor considered to be key to long-term desistance.

Article 8 of the European Convention on Human Rights states that:

“Everyone has the right to respect for his private and family life … [and] … There shall be no interference by a public authority with the exercise of this right except … in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

Research suggests that, after desisting from crime for three years, you are no more likely to engage in crime than anybody else.  Surely continuing to monitor those who seem to be desisting is potentially depriving them of opportunities to form long-term intimate relationships, and therefore contravenes Article 8?

In short, although any bid to reduce the numbers of people being victimised by domestic violence is to be commended, the DVDS pilot has many issues to address before being completely failsafe. More active solutions to the domestic violence problem should be examined, such as more efficient system for relationship education and problem solving skills in schools, as opposed to the government’s current, reactionary, approach to criminal justice. Failing to do so potentially puts people at risk of re-offending, and could lead to complaints being made under Human Rights law.

Photograph by Elvert Barnes on Flickr, via Creative Commons.

The Domestic Violence Awareness Mural: "A Survivor's Journey" (2010) by Joel Bergner in Brooklyn, New York. Photograph: Elvert Barnes/Flickr

Craig is a forensic psychology blogger interested in evidence-based criminal justice and desistance from crime. He tweets as @CraigHarper19.

Felipe Araujo
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Manchester's Muslim community under siege: "We are part of the fabric of this nation"

As the investigation into last week's bombing continues, familiar media narratives about Islam conflict with the city's support for its Muslim population.

“You guys only come when something like this happens,” said one of the worshippers at Manchester's Victoria Park Mosque, visibly annoyed at the unusual commotion. Four days after the attack that killed 22 people, this congregation, along with many others around the city, is under a microscope.

During Friday prayers, some of the world’s media came looking for answers. On the eve of Ramadan, the dark shadow of terrorism looms large over most mosques in Manchester and beyond.

“People who do this kind of thing are no Muslims,” one man tells me.

It’s a routine that has become all too familiar to mosque goers in the immediate aftermath of a major terror attack. In spite of reassurances from authorities and the government, Muslims in this city of 600,000 feel under siege. 

“The media likes to portray us as an add-on, an addition to society,” Imam Irfan Christi tells me. “I would like to remind people that in World War I and World War II Muslims fought for this nation. We are part of the fabric of this great nation that we are.”

On Wednesday, soon after it was revealed the perpetrator of last Monday’s attack, Salman Ramadan Abedi, worshipped at the Manchester Islamic Centre in the affluent area of Didsbury, the centre was under police guard, with very few people allowed in. Outside, with the media was impatiently waiting, a young man was giving interviews to whoever was interested.

“Tell me, what is the difference between a British plane dropping bombs on a school in Syria and a young man going into a concert and blowing himself up,” he asked rhetorically. “Do you support terrorists, then?” one female reporter retorted. 

When mosque officials finally came out, they read from a written statement. No questions were allowed. 

“Some media reports have reported that the bomber worked at the Manchester Islamic Centre. This is not true,” said the director of the centre’s trustees, Mohammad el-Khayat. “We express concern that a very small section of the media are manufacturing stories.”

Annoyed by the lack of information and under pressure from pushy editors, eager for a sexy headline, the desperation on the reporters’ faces was visible. They wanted something, from anyone, who had  even if a flimsy connection to the local Muslim community or the mosque. 

Two of them turned to me. With curly hair and black skin, in their heads I was the perfect fit for what a Muslim was supposed to look like.

"Excuse me, mate, are you from the mosque, can I ask you a couple of questions,” they asked. “What about?,” I said. "Well, you are a Muslim, right?" I laughed. The reporter walked away.

At the Victoria Park Mosque on Friday, Imam Christi dedicated a large portion of his sermon condemning last Monday’s tragedy. But he was also forced to once again defend his religion and its followers, saying Islam is about peace and that nowhere in the Koran it says Muslims should pursue jihad.

“The Koran has come to cure people. It has come to guide people. It has come to give harmony in society,” he said. “And yet that same Koran is being described as blood thirsty? Yet that same Koran is being abused to justify terror and violence. Who de we take our Islam from?”

In spite of opening its doors to the world’s media, mosques in Britain’s major cities know they can do very little to change a narrative they believe discriminates against Muslims. They seem to feel that the very presence of reporters in these places every time a terror attack happens reveals an agenda.

Despite this, on the streets of Manchester it has proved difficult to find anyone who had a bad thing to say about Islam and the city’s Muslim community. Messages of unity were visible all over town. One taxi driver, a white working-class British man, warned me to not believe anything I read in the media.

“Half of my friends are British Muslims,” he said even before asked. “ These people that say Islam is about terrorism have no idea what they are talking about.”

Felipe Araujo is a freelance journalist based in London. He writes about race, culture and sports. He covered the Rio Olympics and Paralympics on the ground for the New Statesman. He tweets @felipethejourno.

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