WUNRN
For UK Violence Against Women
Equality Impact Assessment, and for UK Violence Against Women Consultation
Report, Contact Professor Liz Kelly - l.kelly@londonmet.ac.uk
The Crown Prosecution Service
April 2008
VIOLENCE AGAINST
WOMEN
STRATEGY AND ACTION
PLANS
VIOLENCE
AGAINST WOMEN STRATEGY AND ACTION PLANS
1. INTRODUCTION
1.1
The Crown Prosecution Service (CPS) recognises VAW as a fundamental
issue of human rights. Human rights are the principles that underpin the
development of violence against women (VAW) work, drawing on the United Nations
conventions that the
1.2
Crime affects all communities in
1.3
The CPS is committed to the fair and consistent application of the
criminal law so that offenders of VAW crimes are properly dealt with; victims
and witnesses are properly supported and protected; and society as a whole is
safer.
1.4
The CPS has a vision of becoming a world-class prosecution service. In
December 2006, the CPS launched a Single Equality Scheme (SES), to develop
further our improvements in delivering justice for all and being valued and
respected by the communities we serve and our employees.
1.5
The Single Equality Scheme covers the equality strands of race, gender
and gender identity, disability, age, religion or belief and sexuality. It also
demonstrates the holistic approach to equality and diversity taken by the
organisation.
1.6
The associated SES Action Plans deal with issues common to all of the
strands. There are also strand specific plans, which allow the CPS to focus on
the key obligations under each of the three positive duties that arise in
respect of race, gender and disability. The development of a VAW strategy as
part of the Gender and Gender Identity Equality Action Plan helps us to meet
part of our obligation under the Gender Equality Duty (GED).
1.7
The CPS has included VAW in the top business priorities for 2008-11,
alongside hate crimes and community engagement.
1.8
This is set against a background of national and international
developments. Since the early 90s the United Nations, European Union and
Council of Europe have all identified VAW within a human rights framework. They
have recommended that governments develop national VAW action plans.
1.9
In the
1.10
In 2006, the CPS was assessed for the first time by EVAW and was awarded
the highest marks across Government for its work on VAW. EVAW recommended
further work by the CPS to reduce attrition rates in relation to rape, domestic
violence, stalking and child sexual abuse. It also recommended that the CPS
introduce a VAW indicator to monitor offences of VAW brought to justice.
1.11
The CPS VAW strategy sets out the vision for developing our VAW work,
building on the work of 2006-07, and provides supporting action plans for
future work.
TERMINOLOGY
1.12
In this document, all references to ‘men’ should be read to include
‘boys’ and all references to ‘women’ should be read to include ‘girls’. The
terms ‘men’ and ‘women’ have been used in order to include transgender
individuals, regardless of whether or not they have undergone formal gender
re-assignment.
2. BACKGROUND
AND CONTEXTS
2.1 INTERNATIONAL CONTEXT
2.1.1 The background to the VAW agenda is both
international and national. The
international agenda includes the work of the United Nations (UN) and the
Council of Europe (CoE).
2.1.2
UNITED NATIONS
·
The UN has prioritised VAW work within a human rights framework since
the early 1990s. In 1995 the UK Government signed the Beijing Declaration and
Platform for Action on VAW. The UN defined gender-based violence against women
as:
“violence that is directed against a woman, because she is a woman, or
violence that affects women disproportionately.
It includes acts that inflict physical, mental or sexual harm or
suffering, threats of such acts, coercion and other deprivations of liberty.”
·
Further information on the UN and its expanded VAW definition is in
Annex A.
2.1.3
COUNCIL OF
·
The Council of Europe has developed a number of initiatives to combat
VAW since 1993 and is currently running a campaign to combat VAW,[3][3]
including domestic violence, which is being overseen by a European task
force.
·
The Council works to a definition similar to that of the UN. The work of
some Member States has also included addressing pornography.
2.2 NATIONAL CONTEXT
2.2.1
GOVERNMENT-WIDE DELIVERY PLANS
Currently there is a range of
Government-wide Delivery and Action Plans overseen by Inter-Ministerial Groups
(IMGs), including on domestic violence, sexual violence, human trafficking and
prostitution. Further details are contained in Annex A.
2.2.2
The strong links between domestic violence and sexual violence have been
recognised by the Ministry of Justice. This is reflected by the fact that the
same Minister now has responsibility for both IMGs. The Home Office has also
combined work on domestic violence, sexual violence and prostitution.
2.2.3
The Inter-Ministerial Groups on Domestic Violence and Sexual Violence
are under review in the light of the development of a cross-Government Violent
Crime Action Plan. The Reducing Reoffending IMG now has responsibility for
implementing the Government’s Response to the Corston Report. The Corston
Report proposed links between the work on violence against women and women
offenders.[4][4]
2.2.4 The Minister for Women and Equality have
indicated that tackling VAW and improving the way in which women who commit
crimes are dealt with are among their top three priorities.
2.2.5 END
VIOLENCE AGAINST WOMEN CAMPAIGN
·
Since 2005, the EVAW campaign has conducted an annual, independent
analysis of Government departmental initiatives on VAW – “Making the Grade?”
·
EVAW recommends a Government-wide national strategy and action plans on
VAW. The recent ‘Map of Gaps: The
Postcode Lottery of Violence against Women Support Services’, published by
EVAW and the Equality and Human Rights Commission (EHRC), has identified
inconsistencies in the provision of services for victims of VAW. This suggests that there is a need for
Government work on VAW to be more ‘joined-up’ and funded in a consistent and
sustainable way.
·
EVAW believes that a strategic and integrated approach to VAW would
provide many benefits. We have identified those likely to impact on the
criminal justice system (CJS) in paragraph 5.
·
The EVAW recommendation for future work by the CPS was:
“to ensure the effective delivery of justice in cases of violence
against women”.
·
The accompanying EVAW recommended target and indicator for the CPS were
to “reduce attrition rates in rape and
domestic violence, stalking and child sexual abuse cases” and to “increase the proportion of violence
against women offences brought to justice”.
·
This CPS VAW strategy and action plans take on board the recommendations
of EVAW.
·
In 2007, for the second year running, the CPS scored the highest mark
across all Government Departments. This score was based on our 2006-2007 work
and future plans on VAW.
2.3 LEGISLATIVE CONTEXT
2.3.1 Violence against women is recognised as a
human rights issue. The main Articles from the European Convention on Human
Rights that apply are listed in Annex A.
2.3.2
Protection from violence against women is also found in a number of
other European conventions. These are also listed in Annex A.
2.3.3
The Equality Act 2006 established the Commission for Equality and Human
Rights (CEHR), which is responsible for overseeing the implementation of the
Gender Equality Duty, with effect from October 2007. Given the fact that
violence against women is rooted in the inequalities found throughout society
between men and women, the GED provides a way for public authorities to look at
how they operate in order to address systemic inequalities.
2.3.4 Although there is no specific offence of VAW,
there are some specific offences within the criminal law that may constitute
VAW. For example, perpetrators can be
prosecuted for offences of rape, sexual assault, human trafficking,
prostitution, child pornography and female genital mutilation.
2.3.5 For some of the strands of VAW, there are no
specific offences to prosecute under. However, if an offence falls within a
specific policy or within an agreed definition, then it will be prosecuted as
such. For example, there is no specific
offence of “domestic violence”, so cases of “domestic violence” are prosecuted
under a range of other offences from common assault to murder. Forced marriage
and so-called honour crimes are prosecuted within the domestic violence policy
and identified through individual definitions. Child abuse and crimes against
the older person also include a range of offences, similar to domestic
violence.
2.3.6 The Government has passed several pieces of
legislation in the last five years that reflect an increased focus and
commitment to tackling violence against women. These are outlined in Annex A.
2.3.7 While the criminal law is crucial in holding
perpetrators to account, the civil courts in
2.3.8
VAW can also arise in employment situations, for example through
bullying, harassment and other forms of discrimination.
2.3.9
In the context of immigration, women who are refugees and asylum seekers
and have suffered physical or sexual violence in their country of origin may be
particularly vulnerable. They may also face the additional difficulty of having
no recourse to public funds.
2.4 MULTI-AGENCY CONTEXT
2.4.1 Work on many of the VAW strands is currently
being addressed with partners in local and national multi-agency frameworks.
Alongside the Government-wide delivery plans, some Government criminal justice
departments consult regularly with external partners. In addition, there are a
number of cross-criminal justice system initiatives, such as the Specialist
Domestic Violence Court Programme, which involve partnership working between
Government departments, statutory agencies, and key national voluntary sector
organisations.
2.4.2 Multi-agency working is equally crucial at a
local level. Local Criminal Justice Boards and Crime and Disorder Reduction
Partnerships have been developed over the past decade, in recognition of the
importance of partnership working in addressing local issues and ensuring the
delivery of outcomes.
2.5 CPS
CONTEXT
2.5.1 The CPS has developed a VAW strategy and
action plans, not only in recognition of UN, CoE and EVAW initiatives, but also
in recognition of the importance the Service places on improving the
prosecution of these crimes and supporting victims in the process.
2.5.2 The strategy has been amended following a
12-week public consultation. In total, 44 responses were received, from
both non-governmental organisations and statutory agencies. The responses
demonstrated widespread support for the strategy and for a gendered framework
more generally
2.5.3 The CPS consultation also included the CPS
VAW Project Assurance Group, VAW Board, Community Accountability Forum,
Domestic Violence Board and the Performance Management Project Board, which all
involved Chief Crown Prosecutors from a number of Areas and senior CPS staff.
The documents were also put on the CPS Infonet for consultation with CPS staff.
2.5.4 CPS work over the past few years has focused
on the improved prosecution of many gender-related crimes. Since 2001, the CPS
has developed policies and guidance on domestic violence, rape and sexual
offences, prostitution, and human trafficking; and more recently on children
and young people and crimes against the older person. The lessons learnt from
these individual strands of work can now be shared, and patterns of crime,
victimisation and support addressed.
2.5.5 The CPS has had inspections on domestic
violence and rape that have highlighted areas for future action.
2.5.6 We have made most progress within domestic
violence prosecutions and have variable levels of success in other areas.
2.5.7 The CPS Board includes VAW in its top
priorities for 2008-11, and VAW is one of the Director of Public Prosecutions’
personal objectives.
2.5.8 We now wish to bring the various strands of
VAW work together. The CPS Single Equality Scheme makes specific provision for
the development of a single cohesive VAW strategy, with supporting action
plans, by March 2008.
2.5.9 The VAW strategy will cover work within the
remit of the CPS with respect to the prosecution of cases; support for victims,
including CPS staff; and increasing public confidence in the CJS, as outlined
in section 3 below.
2.5.10 The strategy will be underpinned by effective
partnership working at both a local and national level. The CPS has organised
national work with external partners on a range of VAW strands. For example,
the domestic violence work has a governance structure that includes an External
Consultation Group consisting of voluntary sector domestic violence
organisations and statutory agencies to advise quarterly on CPS work. At an
Area level, the CPS works with communities through local partnership structures
(for example, domestic violence forums and Hate Crime Scrutiny Panels).
3. WHAT WE ARE AIMING TO ACHIEVE
3.1 OVERALL AIMS
3.1.1 The
VAW strategy aims to secure the coordination and improved prosecution response
to a range of crimes that fall under the umbrella of VAW. In
2008-09, the focus will be on putting systems in place to coordinate,
rationalise and integrate work across the VAW strands. This will include a
focus on rationalisation of VAW strand coordinators, specialist prosecutors,
development of VAW Guidance and a VAW indicator and systems to monitor victim,
witness and stakeholder satisfaction. In 2009-11, the emphasis will move to
embedding the strategy into core CPS business, monitoring performance across
the strands, monitoring support for victims and witnesses and external
satisfaction.
3.1.2 The
CPS will address work within its remit that falls under the UN definition of
VAW, excluding state crimes, as outlined in Annex A. Work on pornography and
sexual harassment will be included in line with the definitions from the
Scottish Executive and the Council of Europe.
3.1.3
Specifically the strategy
will focus on:
·
domestic violence,
including harassment;[5][5]
·
forced marriage;
·
so-called honour crimes;
·
female genital
mutilation;
·
rape and sexual offences;
·
human trafficking, with a
focus on trafficking for sexual exploitation;
·
prostitution, including
child prostitution;
·
crimes against the older
person;
·
child abuse;[6][6]
·
pornography – obscene
publications; and
·
sexual harassment at
work.[7][7]
3.1.4
CPS work on VAW will focus on crimes
where sexual exploitation occurs, in a broader sense, not just where actual
physical or sexual violence is involved. This is in line with
cross-Government strategies. For
example, in relation to prostitution, crimes such as kerb-crawling will be
included, as these fuel the exploitation of women by indirectly
supporting drug-dealers and abusers, as well as perpetuating a market fraught
with violence and abuse.[8][8]
3.2 OBJECTIVES
3.2.1
The CPS specific
objectives in crimes involving violence against women are to:
·
improve prosecutions;
·
increase public
confidence;
·
improve support, safety
and satisfaction for victims; and
·
address any
disproportionality across the equality strands.
3.2.2
This strategy will help
to deliver the overall criminal justice system Public Service Agreement of
bringing more offenders to justice and increasing public confidence (PSA 24),
by providing a framework and supporting action plans for the range of crimes
outlined above. It will also help to deliver PSA 23 around reducing the rate of
serious violent crime, including tackling the most serious sexual violence and
domestic violence offences.
3.2.3
The VAW strategy will
help the Government to fulfill its obligations under the Convention
for the Elimination of Discrimination against Women (CEDAW) and will also help the CPS to meet its
obligations under the Gender Equality Duty.
3.3 BROAD MEASURES OF SUCCESS
3.3.1 The
criminal justice system PSA target shared by the CPS, Home Office (HO) and
Ministry of Justice (MoJ) for 2008-11 (PSA 24) is as follows:
· To deliver a more effective,
transparent and responsive criminal justice system for victims and the public
through:
o
improving the effectiveness and efficiency of
the CJS in bringing offences to justice;
o
improving public confidence in the fairness
and effectiveness of the CJS;
o
improving the experience of the CJS for
victims and witnesses;
o
understanding and addressing race
disproportionality at key stages in the CJS; and
o the recovery of criminal assets.
3.3.2 The CPS Business Plans, Equality and
Diversity Strategy and Single Equality Scheme, including the Gender and Gender
Identity Equality Action Plan, all reflect previous similar targets around:
·
increasing the number of offences brought to justice by 2007-08;
·
increasing public confidence in the CJS – including the confidence of
Black and minority ethnic (BME) communities; and
·
increasing the satisfaction with the services of victims and witnesses,
while respecting the rights of defendants.
3.3.3 The CPS recognises that measures of
success should address the support,
safety and satisfaction of victims as well as bringing offenders to justice.
The VAW strategy will therefore
reflect these measures, which are linked to the following current CPS PSAs:
·
Improving the
effectiveness and efficiency of the CJS through bringing more offenders of VAW
crimes to justice:
o
reducing unsuccessful
prosecutions of VAW crimes;[9][9]
o
coordinating VAW work;
o rationalising VAW work, including
resources and personnel; and
o
sharing good practice
across VAW strands.
·
Improving public and
stakeholder confidence in the CPS:
o
further enhancing CPS
performance in addressing VAW and our local, national and international
reputation in this area.
·
Improving victim and
witness support, safety and satisfaction:
o
working with partner
agencies in supporting victims and witnesses;
o
providing and improving
appropriate support for VAW victims and witnesses; and
o
addressing VAW issues
relating to staff policies and practices.
·
Addressing any disproportionality across all of the equality strands.
3.4 PAINTING A PICTURE OF SUCCESS IN 2011-12
3.4.1 Here we picture the CPS in 2011-12,
recognised as being increasingly successful in this area.
4. THE
NEED FOR AN OVERARCHING GENDERED FRAMEWORK
4.1 OVERALL RATIONALE
4.1.1 There are many categories of offence that
involve violence against women (such as rape) and there are many general
descriptions of unlawful behaviour that, of themselves, are not criminal
offences but in respect of which women are the substantial majority of victims
(such as domestic violence). The link between all these offences is that most
often the victims are women and the defendants are men. Often, the nature of
the offending indicates that the defendant exerts a controlling influence on
the victim’s life. The context is frequently one of abuse of power, used by the
perpetrators, the majority of whom are men, to control victims who are women –
forcing them, for example, into marriage, prostitution, pornography or sex.
4.1.2 Often, the defendant and the victim will be
known to one another and may be partners or relatives. The nature of the
relationship between the two may well mean that the victim has additional
issues to consider before even reporting an offence to the police. For example,
there may be children and/or young people involved, or there may be a high
level of financial dependency, which may in turn cause the victim to become
financially insecure if the defendant is removed from her environment. There
may also be cultural issues to be addressed.
4.1.3 The purpose of drawing the most common
strands of VAW together is so that the expertise and experience acquired in
respect of some strands can be brought to bear on others that have the same
dynamics (for example, men being violent towards women with whom they are in a
relationship). This will help prosecutors to be aware of the raft of issues
that they may need to address. For example, prosecutors should be aware of the
potential for repeat victimisation, which is a significant factor in many cases
of violence against women. Not only is specialised support needed for the
victim, but the approach to the prosecution of the defendant also needs to be
specialised. This is reflected, for example, in the policies and guidance
provided on domestic violence and rape. Prosecution policies also need to
address issues relating to evidence in the light of the often close
relationship between victim and defendant and the increased likelihood of
victim intimidation and retractions.
4.1.4 There is a clear benefit in devising a
strategy so that a common approach may be adopted in cases where offences are
directed at women and girls, because of their gender, or in cases that
disproportionately affect women and girls as victims,. This is an approach that
has been favoured by the UN and EVAW.
4.1.5
VAW issues should be addressed within a gendered framework because:
·
the majority of victims of these crimes are women (see paragraph 6);
·
the majority of defendants are men (see paragraph 6);
·
unlike other forms of violent crime, the majority of offenders are known
to the victim, which creates more complex dynamics of crime for both the
victims and the criminal justice system to deal with;
·
most of the crimes are committed within a context of power and control
used by men against women – for example, forcing them into marriage,
prostitution, pornography or sex;
·
there are specific intimate or family relationships between many of the
perpetrators and victims – for example, domestic violence, forced marriage,
so-called honour crimes, FGM, rape within relationships, familial child abuse
or crimes against the older person. The
existence of this intimacy creates a context of coercive control;
·
offenders known to the victim create a more complex dynamic of crime,
for both the victims and the criminal justice system to deal with;
·
a family or intimate link in many VAW cases often leads to a reluctance
of victims to report to the criminal justice system or to stay in the system
after reporting;
·
abuse may be organised – as, for example, in trafficking for sexual
exploitation and child sex abuse networks;
·
historic abuse, especially abuse in childhood, also appears to make
women vulnerable to other forms of violence – for example, sexual assault,
harassment or domestic violence in adolescence or adulthood;
·
patterns of coercive control of victims, present in many of these cases,
often leads to victims’ reduced ability to act – especially for children and
young people, immigrant women, and trafficked women;
·
there is a sexual nature to many of these crimes – pornography, rape,
sexual assaults, prostitution, trafficking for the sex industry, forced
marriage and some aspects of child abuse. This makes naming and reporting even
more complex;
·
rehabilitation, where possible, needs to recognise the root causes of
power and control by challenging disrespect based on gender.
4.2 MEN AS VICTIMS OF VIOLENCE
4.2.1 The VAW strategy provides an overarching
framework for crimes that have been identified as being committed primarily by
men, against women. The gendered patterns and dynamics involved need to be
acknowledged and understood in order to provide an appropriate and effective
service. However, the CPS VAW strategy and action plans sit alongside other
general policies (for example, on domestic violence and rape), which address
the prosecution of offences of violence. All of our existing policies are
gender neutral, and will be applied fairly and equitably to all victims of
crime.
4.2.2 Although this strategy focuses on women as
victims, the CPS is fully aware that men may also be victims (such as in cases
of rape and domestic violence). These victims will have the same access to
protection and legal redress. CPS policies and procedures on victim and witness
care are applicable in all cases. The impact of violence on all victims will be
recognised and men who are victims will be treated with dignity. An assessment
of the safety and needs of victims will be conducted on an individual basis.
4.2.3 In recognising the dynamics of VAW, the
CPS will not neglect the abuse directed towards men or perpetrated by
women. The gender of the perpetrator will not make a difference to the CPS approach
to bringing offenders to justice. All defendants will continue to be prosecuted
fairly and justly, in accordance with the Code for Crown Prosecutors.
4.3 INTERSECTIONALITY
– RECOGNISING THE DIVERSITY OF WOMEN
4.3.1 Although we refer to ‘women’ throughout the
strategy, the CPS recognises the diversity of women. The CPS is keenly aware
that the experiences of women subject to violence may be affected by other
factors or ‘identities’ such as their ethnicity, gender identity, age,
disability, sexuality, religion or belief, or social class.
4.3.2 Whilst there may be some commonality of
experience on the basis of gender, the interaction of gender with other
identities can produce a substantively distinct experience of violence for each
individual woman and can ‘contribute to unique experiences of oppression and
privilege’.[10][10]
The CPS considers that an understanding of these different identities –
referred to as ‘intersectionality’ – is crucial to tackling violence against
women.
4.3.3 As a result of intersectionality, individual
women’s experiences of violence will be different. Women may also encounter
additional barriers to accessing justice. For example, a lesbian might be
anxious about reporting violence because of a fear of homophobia, or being forced
‘to come out’. An older, disabled woman could find it difficult to report
violence because of her disability and because of fears that there are no
services available for her.
4.3.4 Without the benefit of an overall, co-ordinated
strategy on violence against women, women’s experiences may be dealt with in a
piecemeal fashion. Where links are not made between the different aspects of a
woman’s identity, the prosecution response is likely to be ineffective. We
recognise that women’s different experiences require specific responses from
the CPS.
5. THE BENEFITS OF A VIOLENCE AGAINST
WOMEN STRATEGY
5.1 We have identified the following
potential benefits of addressing CPS work on these issues under a VAW umbrella:
·
better policy
making, as it can be gender-informed and appropriately
targeted;
·
improved
tackling of the cross-cutting connections between VAW
crimes in terms of victimisation and perpetration, and ensuring that the links
between different types of offending are not missed and work is coordinated
(for example, trafficking and prostitution; forced marriage and so-called
honour crimes; domestic violence, sexual offences and child abuse);
· alerting prosecutors to the multifaceted nature of such
prosecutions (for example, recognising that honour killings may
involve organised international crime that is linked to trafficking or
prostitution), which will help to strengthen the prosecution process and bring
more offenders to justice;
·
recognising
that some victims may experience more than one offence;
for example, a woman trafficked to the
·
improved
multi-agency working, including linking of services, to ensure that a
victim facing many crimes is supported in the most efficient and appropriate
way;
·
potential to
develop integrated expertise on VAW and the transfer of
knowledge across VAW strands; and to move away from an exclusively
strand-specific approach;
·
good practice
can be shared across the topics; for example, improvements in
enhanced evidence gathering or dealing with victim retractions through
Independent Domestic Violence Advisors (IDVAs) and Independent Sexual Violence
Advisors (ISVAs);
·
victims may
benefit from support to address a range of issues that could
also reduce the likelihood of further victimisation;
·
reducing the
number of women who offend in the longer term; the Corston
Report highlighted the longer term effect of abuse on women’s lives, leading to
their own increased offending;
·
more efficient
and effective community engagement;
·
linking into
more preventative work to develop longer term solutions;
·
development of
a more targeted approach; and
·
more
consistent handling of VAW cases to promote greater public confidence in the
CPS and wider criminal justice system.
6. GATHERING
THE EVIDENCE
6.1 DATA ANALYSIS
FOR VAW PLANS
6.1.1 2006-07 CPS Case Management System data is
provided for those VAW strands where data is currently available. Data is
provided on the volume of cases in each of those strands; their respective
targets, where available; their proportion of unsuccessful outcomes; and key
reasons for any unsuccessful outcomes. A breakdown of data from April to
September 2006 has also been undertaken to identify any equality or diversity
issues.
6.2 VOLUME AND OUTCOME OF EACH VAW STRAND,
2006-07
6.2.1
Defendant data from charge to outcome is obtained from the CPS Case
Management System for cases flagged as domestic violence, rape and child abuse,
cross referenced with principal offences.[11][11] Prostitution
and trafficking data from charge is only available by key offence and not by
defendant or outcome.[12][12]
The Equality and Diversity Impact Assessment (EDIA) provides further data on
the gender breakdown. The December 2006 domestic violence snapshot indicated
that 89% of victims of domestic violence were women. This data has been
consistent since 2002. Data recorded on the Witness Management System is at an
early stage and is not yet robust enough to be able to draw meaningful
conclusions. However, of those cases flagged and analysed in the EDIA for rape,
89% of victims were women; and for all types of child abuse, 67% of victims
were girls. Table 1 overleaf provides
more detailed data.
Table 1:
Volume and outcomes in 2006 - 07 violence against women cases from charge to
outcome
|
|
Domestic Violence |
Rape |
Sexual offences (excluding rape) |
Child abuse Homicides |
Child abuse Sexual offences |
Child abuse offences against the person |
Prostitution |
Trafficking |
|
Numbers of defendants |
57,361 (95% men) |
3,262 (99% men) |
8,165 (96% men) |
30 (80% men) |
3,801 (98% men) |
2,306 (76% men) |
647 kerb crawling 115, children; 214 gain/control, (gender not available) |
116 (sexual offences linked to trafficking; gender not available) |
|
Targets to reduce unsuccessful prosecutions |
36% |
No targets yet set |
||||||
|
% unsuccessful outcomes achieved[13][13] |
34.8% (65.2% successful) |
45.5% (54.5% succ/ful) |
31.4% (68.6% succ/ful) |
16.7% (83.3% succ/ful) |
30.5% (69.5% succ/ful) |
27.8% (72.2% succ/ful) |
Not available as these are recorded as offences rather than as
defendants[14][14] |
|
·
The targets set for hate crimes aim to reduce unsuccessful outcomes. In
this context, the data above reflects improvements in prosecutions through
reducing unsuccessful cases.
·
The data indicates the very high volume of domestic violence defendants
out of all the recorded VAW cases. The unsuccessful outcomes for domestic
violence in 2006-07 (34.8%) went beyond the target of 36%. Successful
prosecutions reached 65.2% by April 2007, an increase from 46% in December
2003. By December 2007, successful prosecutions reached 69.3%.
·
For rape cases, unsuccessful outcomes fell from 50.8% in 2005-06 to
45.5% in 2006-07 and for sexual offences from 36.9% to 31.4%.
·
In child abuse cases, the greatest numbers of flagged cases were for
sexual offences.
·
Unsuccessful prosecution outcomes
for all flagged child abuse cases (homicides, sexual offences and offences
against the person) fell from 30.9% in 2005-06 to 28.9% in 2006-07.
6.2.2 The
national average for all defendants in 2006-07 was 16.4% unsuccessful or 83.6% successful outcomes. Where data for successful outcomes is available for
VAW crimes (domestic violence, rape, sexual offences and child abuse), in
2006-07 there was a total of 74,925 VAW defendants with 49,093 successful
outcomes. This is an average of 34%
unsuccessful or 66% successful outcomes.
6.3 KEY REASONS FOR UNSUCCESSFUL
PROSECUTIONS
6.3.1 Of all VAW crimes, in 2006-07, data was only
available on reasons for unsuccessful prosecutions for cases flagged as
domestic violence, rape and child abuse, cross referenced with principal
offence categories. The table below provides key reasons for unsuccessful
prosecutions as recorded on the Case Management System in 2006-07.
Table 2:
Unsuccessful outcomes in violence against women
cases, 2006-07
|
|
Domestic Violence |
Rape |
Sexual offences (excluding rape) |
Child abuse Homicides[15][15] |
Child abuse Sexual offences |
Child abuse offences against the person |
|
Total number of cases prosecuted |
57,361 |
3,262 |
8,165 |
30 |
3,801 |
2,306 |
|
Total number of cases that were
unsuccessful |
19,978 |
1,486 |
2,562 |
5 |
1159 |
642 |
|
Total % unsuccessful outcomes |
34.8% |
45.5% |
31.4% |
16.7% |
30.5% |
27.8% |
|
Key reasons for unsuccessful outcomes were victim issues, cautions and
bindovers as listed below. Each is given as a percentage of the total number
of unsuccessful outcomes. Not all reasons are provided, therefore totals do
not add up to 100%. |
||||||
|
Victim Retraction |
22.2% |
10.9% |
5.5% |
20.0% |
3.9% |
9.5% |
|
Victim Non-Attendance |
9.6% |
1.0% |
1.8% |
0.0% |
0.8% |
3.3% |
|
Evidence of Victim does not support case |
15.7% |
7.3% |
4.5% |
0.0% |
5.3% |
6.7% |
|
Caution[16][16] |
1.4% |
0.4% |
2.0% |
0.0% |
0.8% |
3.3% |
|
Bindover |
9.6% |
0.0% |
1.3% |
0.0% |
0.2% |
6.7% |
6.3.2 Table 2 shows the proportion of unsuccessful
cases linked to victim issues, cautions and bindovers. It therefore illustrates
some key difficulties in the prosecution of these cases.
6.4 EQUALITY
AND DIVERSITY ISSUES BASED ON APRIL – SEPTEMBER 2006 DATA
6.4.1 As above, in April -
September 2006, data is available only for domestic violence, rape, other
sexual offences and child abuse (which is further broken down by homicides,
sexual offences, and offences against the person). For April – September 2006,
only gender and ethnicity data is available. From April 2007, disability and
religion/belief is also being recorded and from November 2007 data on same sex
relationships in domestic violence cases is being recorded. Data on age is
being recorded from April 2008 and data on sexuality is being explored.
6.4.2 The main data available from
the CPS Case Management System and the Witness Management System has been used
to inform an Equality and Diversity Impact Assessment of the VAW strategy. The
key data is summarised in Annex B.
6.4.3 The available ethnicity
statistics of the population of
7. CHALLENGES AND OPPORTUNITIES
7.1 We face
a number of major challenges. These include:
·
the timescale for the development
of the strategy has posed challenges because of the breadth and complexity of the issues covered;
·
existing views of the
issues have led to a single-strand approach to the work and the challenge for
the future will be to fully integrate work across the strands;
·
there may be challenges
in ensuring full participation and support due to a lack of widespread
understanding of a gendered approach to these crimes;
·
ensuring clarity of work
with the overlapping Hate Crime work programme;
·
currently some of the VAW
strands cannot be flagged on the CPS Case Management System, some have poor
flagging and many have no targets or monitoring – this will be addressed in the
2008-09 action plans;
·
more work is needed to develop
national monitoring system to assess the support, safety and satisfaction of
victims of sensitive violent crimes such as those encompassed within the VAW
work;
·
competing priorities
within each strand; and
·
insufficient volume of voluntary
sector service provision in some Areas.
7.2 There
are also a range of opportunities:
·
CPS Board has identified VAW in its top priorities and to use this
opportunity to improve prosecutions and outcomes in relation to all of these
crimes;
·
VAW strands will be coordinated, improved and rationalised in a better
way to provide more effective prosecutions and reduce duplication of
information, advice or roles through:
o
provision of guidance and training on the overlap of issues;
o
consider rationalisation of coordinators across VAW strands;
o
using prosecutors who are trained and who develop specific expertise on
these issues;
o
monitoring of the issues;
o
identification of agencies who can advise on this range of issues;
o
sharing of good practice.
8. WHAT
WE WILL FOCUS ON IN NEXT THREE YEARS – FUTURE PROPOSALS
8.1 From 2008-2011, the time frame of the
current PSAs, we will focus on the actions outlined in paragraphs 8.2 to 8.5.
Each individual strand of work will link into corresponding cross-Government
action plans, where these exist. For further details of the CPS work programme,
see the national action plans, at page 42.
8.2 Improving the
effectiveness and efficiency of the CJS through bringing more offenders of VAW
crimes to justice:
·
Reducing unsuccessful prosecutions of VAW crimes:
o
Area Performance Reviews – a VAW
indicator has been included in the Area Performance Review system from April
2008, with targets for VAW strands;
o
linking into mainstream work streams –
Charging, Criminal Justice: Simple, Speedy, Summary (CJSSS), Victim and Witness
Care & Delivery, Hate Crimes and Community Engagement;
o
developing VAW Guidance – retaining
each separate policy strand, with overall VAW guidance to inform prosecutors of
the links between existing policies and guidance, and gender implications;
o
specialist prosecutors – exploring the feasibility of
rationalising existing specialist prosecutors across the VAW strands to improve
VAW prosecutions; and
o
training – linking VAW into future training plans.
·
Better coordination and rationalisation of the work across VAW strands:
o
Area coordinators – rationalising
current coordinators across the VAW strands and developing specific VAW
coordinator posts;
o
sharing good practice – through Area coordinators, VAW
Team and Project Assurance Group;
o
increasing knowledge and evidence base of service –
through training of prosecutors and better performance data and analysis.
8.3
Improving
public and stakeholder confidence:
·
involving community and stakeholder representatives in the VAW
governance structure;
·
linking across Government, specifically with the Office for Criminal
Justice Reform, Home Office, Association of Chief Police Officers (ACPO) and
Ministry of Justice to address public and stakeholder confidence;
·
developing community engagement and consultation at national and Area
levels;
·
working with Local Criminal Justice Boards and Crime and Disorder
Reduction Partnerships at an Area level;
·
working in multi-agency partnerships and local forums to address the
gender implications of these crimes;
·
working with specialist support agencies and Witness Care Units
providing support for the victims of these crimes; and
·
developing methods to measure views of stakeholders.
8.4
Improving
victim and witness support, safety and satisfaction:
·
providing and improving
appropriate support for VAW victims and witnesses through the specialist VAW
sector;
·
working across Government on the further expansion of IDVAs, ISVAs and
MARACs. Specialist support and risk assessments for all VAW crimes will also be
considered;
·
linking across Government on all individual VAW strands;
·
considering systems for WCUs to support victims of VAW and ensuring
monitoring of outcomes;
·
considering mainstreaming the selection of further SDVCs;
·
considering SDVC options to deal with a range of VAW cases including
cases dealt with at the Crown Court;
·
involving a range of agencies to advise on this aspect of the programme;
·
developing a system to measure victim access to support, safety and
satisfaction;
·
addressing any implications for staff policies and practice; and
·
considering briefing Human Resources advisors on dealing with VAW issues
in relation to staff.
8.5
Improving our
understanding of the equality and diversity issues within VAW crimes and
addressing any disproportionality:
·
identifying the issues faced by a range of communities;
·
consulting and engaging with support agencies working with victims of
VAW crimes to provide specialist support appropriate by gender, ethnicity and
other diversity profiles; and
·
monitoring VAW strands by gender, ethnicity, disability,
religion/belief, age and, where possible, sexuality.
9. MANAGING RISK
9.1 A risk register has been produced in
consultation with external and internal advisors on the VAW Project Assurance
Group, as well as the CPS Strategy, Policy and Diversity Committee.
9.2 The major risks that we have identified
and are planning to manage are:
·
the timescales for the project are very short and there is limited time
for slippage;
·
existing views on the issues may lead to a single-strand approach to the
project;
·
limited buy-in to the strategy, due to a lack of widespread
understanding of the gender context for the VAW agenda;
·
limited resources and personnel available for the development and
implementation of the strategy; and
·
competing priorities between all of the strands of VAW work being
rationalised and co-ordinated under this strategy.
10. HOW WE WILL MEASURE PROGRESS AND SUCCESS
10.1 Currently
the only indicator related to VAW is for hate crimes, covering domestic violence,
racially and religiously aggravated crimes, homophobic crimes and disability
aggravated crimes.[17][17]
There is a target for 2007-08 of 72% successful outcomes for all hate crimes,
with a specific target of 70% successful outcomes for domestic violence cases.
For further details of monitoring, see the national action plan on page 42.
10.2
Monitoring VAW
crimes, setting targets and addressing any data gaps:
·
Indicator, flagging and targets – setting-up
a VAW indicator with flags and sub targets for the range of VAW strands and
address how this would fit with the current Hate Crime Indicator. This would be
a public service outcome focused target in line with the Capability Review
recommendations.
·
Monitoring –
continuing to record and monitor domestic violence and rape cases; in addition
monitoring sexual offences in 2008-09 and consider recording and monitoring of
further VAW strands from 2009.
·
Analysis – evaluating monitored data with further analysis by
defendant and victim profile and cross-analysing with other crimes, especially
hate crimes.
[18][18]
·
VAW Report –
producing a VAW performance report in 2008-09, linked to a new Hate Crime
Report, based on 2007-08 data.
·
Hate Scrutiny Panels –
considering how VAW will fit with the Hate Scrutiny Panels framework.
10.3 Monitoring
victim support, safety and satisfaction:
·
Reviewing service provision for VAW victims and witnesses.
·
Developing a system to measure victim safety and satisfaction. The
national WAVES survey measures the satisfaction of the majority of victims and
witnesses but excludes victims of rape, sexual assaults and domestic violence
because of safety issues in contacting them. In relation to rape, the CPS Rape
Delivery Unit is currently linking into the Home Office Violent Crime Unit,
which is undertaking a feasibility study to measure the satisfaction of victims
of serious sexual offences. The VAW action plans for 2008-09 will build on the
Home Office experience of measuring views of victims who are currently excluded
from the national WAVES survey.
10.4 Monitoring
stakeholder confidence:
·
Developing methods to measure views of stakeholders. The VAW Team will
first scope this project, will present options to the Project Assurance Group
involving key stakeholders, and will then draw up detailed proposals.
11. SCHEDULE FOR STRATEGY
DEVELOPMENT
11.1 The Governance structure is outlined in
Annex C.
Project
assurance group and VAW Board set up July
2007
First
Board meeting of VAW Board July
2007
Draft
VAW strategy and action plans August 2007
Draft
to Strategy, Policy and Diversity Committee August 2007
Impact
assessment end of August 2007
First
meeting of PAG first week September 2007
Second
Board meeting September
2007
Clearance by DPP, SG and AG
of draft copy for consultation October 2007
Broader
consultation on VAW report (November – January) January 2008
PAG
meeting to sign off final document February 2008
Board
meeting to sign off final document March 2008
Clearance
by DPP, SG and AG of final documents March 2008
Finalisation
of VAW strategy and action plans April 2008
12. EQUALITY AND DIVERSITY IMPACT ASSESSMENT
12.1 An Equality and Diversity Impact Assessment
(EDIA) has been undertaken to identify the issues faced by different
communities. National data has been used on all strands of VAW. CPS data has
also been used, but currently this is only disaggregated by gender and
ethnicity in relation to domestic violence, rape and child abuse.
12.2 The EDIA consists of an analysis of the above
mentioned data, together with the results of the formal consultation process
undertaken between November 2007 and January 2008.
12.3 A
final EDIA will be published alongside the VAW strategy in April 2008.
12.4 The equality and diversity
issues identified in the EDIA will be regularly monitored and addressed through
the VAW Project Assurance Group.
13. ACTION PLANS
13.1 The national overarching Violence against
Women (VAW) action plan is set out in Annex D. This is organised under the PSA
targets and demonstrates the links between the various individual strands of
VAW. It will be expanded by themes in quarter one of 2008-09.
13.2 There are also eight strand-specific
operational plans, which will be used for monitoring work across the individual
strands. These cover the main VAW strands – domestic violence, forced
marriage and honour crimes, female genital mutilation, rape and sexual
offences, human trafficking, prostitution, crimes against the older person, pornography
and child abuse. They were developed in conjunction with relevant lead
officials in CPS Policy Directorate, Business Development Directorate (BDD) and
Equality and Diversity Unit (EDU). These are available on request.
13.3 It is clear from the content of the strand-specific action plans that work to address each of the VAW strands will start at very different stages (for example, CPS work on honour-based violence and forced marriage is still in its infancy, whereas work on domestic violence has progressed significantly over the past five years). Consequently, whilst we accept that the work on each strand will progress at different rates, the desired outcome is for each strand to reach its own national targets by 2011.
13.4 All of the action plans run from 2008 until
2011, but they will be subject to continuous review. As outlined in paragraph
3.1.1, 2008-09 will focus on the rationalisation and coordination of the VAW
strands, identifying cost implications alongside setting up systems to
implement the strategy, such as the performance management system and systems
to monitor victim, witness and stakeholder satisfaction.
In 2009-11 the strategy will be embedded into the core CPS business with implementation of the VAW guidance, training, reporting on VAW prosecution performance. Monitoring of victim safety and support and monitoring of victim and stakeholder satisfaction will also be undertaken.
ANNEX A
BACKGROUND AND
CONTEXTS
INTERNATIONAL
CONTEXT
UNITED NATIONS:
·
The United Nations (UN) first situated VAW within the human rights
framework in 1993, and in 1995 the UK Government signed the Beijing Declaration
and Platform for Action (BPfA) on VAW.
·
The Convention for the Elimination of Discrimination against Women
(CEDAW) and the UN Article that prohibits torture have both brought VAW out of
the private and into the public sphere and in doing so have recognised VAW as
an infringement of women’s basic human rights.
·
The UN has defined VAW in the following terms:
“Violence
against women refers to any act of gender based violence that results in, or is
likely to result in, physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary deprivation of
liberty, whether occurring in public or private life. Violence against women shall be understood to
encompass, but not be limited to the following:
(a)
Physical, sexual and psychological violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related
violence, marital rape, female genital mutilation and other traditional
practices harmful to women, non-spousal violence and violence related to
exploitation;
(b)
Physical, sexual and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment and intimidation at
work, in educational institutions and elsewhere, trafficking in women and
forced prostitution;
(c)
Physical, sexual and psychological violence perpetrated or condoned by the
State, wherever it occurs.”
- In 2006, the UN published a
summary definition of violence against women that reiterated and defined
the definition above. The UN further defined gender-based violence against
women as:
“Violence
that is directed against a woman, because she is a woman, or violence that
affects women disproportionately. It
includes acts that inflict physical, mental or sexual harm or suffering,
threats of such acts, coercion and other deprivations of liberty”.
NATIONAL
CONTEXT
GOVERNMENT-WIDE DELIVERY PLANS:
There are a range of Government-wide Delivery and
Action Plans for 2007-08 relating to VAW, which are overseen by
Inter-Ministerial Groups. These include:
·
National Domestic Violence Delivery Plan, overseen by the Domestic
Violence Inter-Ministerial group;
·
Sexual Violence and Abuse Action Plan, overseen by the Inter-Ministerial
Group on Sexual Offending;
·
UK Action Plan on Tackling Human Trafficking, overseen by the Inter-Departmental
Ministerial Group on Human Trafficking; and
·
UK Prostitution Strategy, overseen by the Home Office Prostitution
Review Team.
The Inter-Ministerial Groups on Domestic Violence and
Sexual Violence are under review in the light of the development of a
cross-Government Violent Crime Action Plan. The Reducing Re-offending IMG now
has responsibility for implementing the Government’s Response to the Corston
Report (which proposed links between the work on violence against women and
women offenders).[19][19]
SCOTTISH EXECUTIVE:
The work on violence against women is also informed by
examples closer to home. The Scottish Executive has recently published a draft
strategic framework on violence against women.
The definition adopted by the Scottish Executive is
similar to the UN and CoE definition but includes commercial sexual
exploitation and pornography.
‘’Violence
against women encompasses but is not limited to the following:
- Physical, sexual and psychological violence occurring in the
family, within the general community, or in the institutions, including:
domestic abuse; rape; incest and child sexual abuse;
- Sexual harassment and intimidation at work and in the public
sphere; commercial sexual exploitation, including prostitution,
pornography and trafficking;
- Dowry related violence;
- Female genital mutilation;
- Forced and child marriages;
- Honour crimes.”
LEGISLATIVE CONTEXT
EUROPEAN CONVENTIONS:
Violence against women is recognised as a human rights
issue. The main Articles from the European Convention on Human Rights that
apply are:
·
Article 2 – the right to life.
This is a fundamental right, enshrined and protected by the European
Convention.
·
Article 3 – the prohibition against torture. This right deals with the protection of
individuals from inhuman or degrading treatment inflicted by another private
individual.
·
Article 8 – the right to a private and family life.
Protection from violence against women is also found
in a number of other European conventions, demonstrating the breadth and
importance of the issues. Examples of some of the other key conventions are as
follows:
·
Convention on Eliminating Discrimination Against Women (CEDAW);
·
Convention Against Torture and other Cruel, Inhuman and Degrading
Treatment or Punishment;
·
Convention on the Rights of the Child; and
·
Convention Against Trans-national Organised Crime, including the
Protocol to prevent, suppress and punish trafficking in persons, especially
women and children.
EQUALITY ACT 2006:
The Equality Act 2006 established the Commission for
Equality and Human Rights (CEHR). The Commission will have a number of duties, including
monitoring the effectiveness of legislation, enforcement of the legislation as
well as an investigatory function in certain circumstances. The CEHR will
therefore be responsible for overseeing the implementation of the Gender
Equality Duty (GED), with effect from October 2007. The GED is an important
mechanism through which violence against women can be tackled. The duty
requires relevant public authorities to promote equality between men and women
and to pay ‘due regard’ to the need to eliminate unlawful discrimination and
harassment between men and women. Given the fact that violence against women is
rooted in the structural inequality between men and women, the GED provides a
way for public authorities to look at how they operate in order to address
systemic inequalities.
OTHER RECENT LEGISLATION LINKED TO VAW:
·
The Domestic Violence Crime and Victims Act 2004 (DVCVA 2004) is the
first dedicated piece of domestic violence legislation for 30 years. Key provisions include:
- making the breach of a
non-molestation order a criminal offence;
- granting courts the power to
impose restraining orders for any offence, on conviction or acquittal;
and
- introducing a new offence of
‘familial homicide’.
·
The legal framework for dealing with sexual offences was completely
overhauled by the Sexual Offences Act 2003 (SOA 2003). The SOA 2003 widened the
definitions of some offences. For example, non-consensual penile penetration of
the mouth is now defined as rape. The Act also created new offences, such as
paying for sex with a child and ‘voyeurism’ and extended the age of ‘children’
from 16 to 18 for some specified offences.
·
The SOA 2003 also introduced a new offence of ‘trafficking people into,
within and out of the country for the purposes of sexual exploitation’. The UK Government has become a signatory to
the Council of Europe Convention on Action Against Trafficking in Human Beings.
The legislation and the obligations under the Convention combine to punish
perpetrators of human trafficking, whilst providing support and assistance for
victims.
·
The Criminal Justice Act 2003 (CJA 2003) overhauled the hearsay
provisions, the bad character rules, and the circumstances in which a witness
can refresh their memory. The CJA 2003 also provides procedural guidance for
the admissibility of earlier statements and earlier inconsistent statements.
·
The Female Genital Mutilation Act 2003 repealed the Prohibition of
Female Circumcision Act 1985 and closed a loophole that enabled victims to be
taken out of the
ANNEX B
EQUALITY AND
DIVERSITY DATA TO INFORM IMPACT ASSESSMENT
EQUALITY AND
DIVERSITY DATA
Domestic violence
· 95% of domestic violence defendants were men.
·
From April – September 2006-07, homicide data indicated that there were
76 defendants during April – September 2006-07 of which 87% were men.[20][20]
·
There were 2,740 harassment offences recorded.[21][21]
· The
position in relation to ethnicity is more complex. Home Office data shows Black
and Asian suspects for all crimes are arrested more than their representation
in the population as a whole. Similarly Black, Asian and Mixed Ethnicity
defendants were represented in higher proportions of those charged in 2006-07
and those cases completed in April 2006-September 2006, in comparison with the
population.
· The
CPS 2006-07 charging data shows that proportionally fewer Black (57.5%) and
Asian (55%) suspects were charged compared with White suspects (59.6%). There
was also a higher percentage of successful outcomes with White defendants than
for Black, Asian or Mixed ethnicity defendants.
· However, as outlined above, all ethnicity data needs
to be treated with caution.
· Victim gender is poorly recorded,[22][22]but, where recorded, just
under 90% of victims were women.
Rape and sexual offences
· The gender breakdown of defendants for rape and
sexual assaults shows that men were responsible for 99% of rape and 96% of
sexual offence.
· For April – June 2006, 53% of men were successfully
prosecuted for rape compared with 67% for other sexual offences.
· Few women were prosecuted for rape; of those
prosecuted for other sexual offences, 73% pleaded guilty.
· Ethnicity was not recorded for 12% of cases. Where
it was recorded, there was a lower proportion of White offenders than in the
population as a whole, and a higher proportion of Black, Asian and Mixed
Ethnicity offenders. Similar to the domestic violence data, there was also a
higher percentage of successful outcomes with White defendants than for Black,
Asian or Mixed Ethnicity defendants. However, as outlined above, all ethnicity
data needs to be treated with caution.
· The gender breakdown of
victims of rape shows only 31% of cases had gender recorded,[23][23]
and, of those with recorded gender, 89% of victims were women.
Child abuse
· 98% of child abuse sexual offence cases were
perpetrated by men.
· There were 10 homicides: 8 of the 10 defendants were
men and 7 were successfully prosecuted.
· Men were responsible for 75% of cases involving
offences against the person. There were no differences between the genders in
the outcomes of those prosecuted.
· Ethnicity was not recorded in 9% of cases. For child
sexual abuse cases where ethnicity was recorded, there was a higher percentage
of White defendants and lower percentages of Black and Asian defendants
compared with the population. Successful outcome patterns were similar to those
for domestic violence and rape cases. However, as outlined above, all ethnicity
data needs to be treated with caution.
· The breakdown for victims
of child abuse showed that only 31% of cases had recorded gender. Of
these, 67% were girls [24][24].
Trafficking
and prostitution
·
Trafficking and prostitution data is currently only available from the
“offences” database, which is separate and distinct from the “defendant” data
base that records the profile of defendants and victims as well as outcomes.
There is therefore no breakdown of gender or ethnicity currently available
within CPS. Limited data below has been secured from the Home Office.
·
On 15 January 2007, the Home Secretary responded to a question on the
link between domestic violence and trafficking of women, stating that Operation
Pentameter – a three month national enforcement operation – identified 87 potential victims of
trafficking for sexual exploitation, 12 of whom were minors or children
(Hansard). Margaret Moran MP noted that in the
·
Home Office data confirms that 182 defendants were sentenced for
trafficking-related offences in 2005, of which 12 were linked to sexual
offences. This data is not broken down by gender.
·
Between March 2003 and June 2007, the POPPY project had 674 referrals of
women who have been or who claim they have been trafficked for sexual
exploitation. Of these, 145 were provided with accommodation and support, and
74 received an outreach service.
·
Home Office statistics from 2005 show that 269
men were cautioned (and one woman) for kerb crawling; 42 men were cautioned for
soliciting of women and 23 men for soliciting of men. No women were cautioned.
629 men and 6 women were convicted for kerb crawling; and 36 men were convicted
for soliciting. In 2006, 332 offences were recorded[25][25].
Women offender
data
·
The Corston Report 2007 indicated that women with histories of violence
and abuse are over-represented in the criminal justice system and often can be
described as victims as well as offenders. The report also indicates that
relationship problems feature strongly in women’s pathways to crime and many
women in prison had been sexually, emotionally and physically abused.
·
The Corston Report noted that one in three women in prison had suffered
sexual abuse, compared with one in ten men.
·
A survey carried out in Her Majesty’s Prisons, revealed that nearly half
of the women interviewed had experienced domestic violence, and a third sexual
assault[26][26].
It was also noted that this figure was similar to a survey carried out in
Holloway Prison, where 36% of women disclosed experience of sexual abuse in
childhood and 45% had experienced physical abuse.
Forced
marriage, so-called honour crimes and female genital mutilation
·
In June 2007, CPS pilots were set up in four CPS Areas[27][27].
to flag cases of forced marriage and so-called honour crimes. The pilots aim to
improve prosecutions and support for victims and will help quantify the gender
dynamics in these crimes. National data indicates that in line with all
domestic abuse, the majority of defendants are men and victims are women. No
cases of FGM have yet been prosecuted, although a number of cases have been
investigated by the police.
Crimes against
the older person
·
Some “crimes against the older person” are included within the VAW
strategy because of the overlap with other VAW crimes such as domestic
violence. It is recognised that the main focus of these crimes is age rather
than gender. The majority of older people are women and therefore more women
are likely to be victims of crimes against the older person. The research
indicates that there can be an overlap with domestic violence – for example, it
could be domestic violence that has continued for decades or abuse of elders by
their carers who are also partners or family members. As the policy is
currently being developed no CPS data is yet available.
Obscene
publications and sexual harassment
·
No data has yet been collected in relation to these issues.
ANNEX C
VAW GOVERNANCE
STRUCTURES
VAW GOVERNANCE
STRUCTURES
- A VAW Team, consisting of leads
from the National DV Team, Policy and the Business Development
Directorate, has been set up. The Team will report to a VAW Project
Assurance Group (PAG).
- The VAW Project Assurance
Group, involving internal and some external representatives, will oversee
the strategy and action plans.
- A VAW External Consultation
Group (ECG) will involve a broader range of representatives from across
the VAW strands. These key VAW agencies and organisations will advise the
CPS on its VAW work. The ECG will send three representatives to the PAG.
- The PAG will report to a VAW
Board, consisting of the Directors of Equality and Diversity, Policy and
Business Development Division.
- The VAW Board will report to
CPS Board level.
