New guidance has recently been released by the Crown Prosecution Service (CPS) in relation to “honour”-based abuse. This guidance has been updated to reflect growing concerns around evolving forms of abuse. The aim of this is to better equip prosecutors with the tools to tackle “emerging harmful practices” and bring more perpetrators to justice.
What is “honour”-based abuse?
At present, “honour”-based abuse is not a specific criminal offence, meaning that when prosecuting, a range of offences must be considered.
There is also no strict definition of “honour”-based abuse. The definition used by the CPS is:
“An incident or crime involving violence, threats of violence, intimidation, coercion or abuse (psychological, physical, sexual, financial or emotional abuse), which has or may have been committed to protect or defend the honour of an individual, family and/or community for alleged or perceived breaches of the family and/or community’s code of behaviour.”
What does the new guidance say?
The harmful practices included within this guidance are: dowry abuse, immigration abuse, transnational marriage abandonment and spiritual/ritualistic abuse.
Given that there is no standalone offence for “honour”-based abuse, prosecutors are being actively encouraged to treat these cases as serious, assessing which offences may apply on a case-by-case basis.
Prosecutors have been urged to use domestic abuse and coercive or controlling behaviour guidance when seeking to prosecute these cases.
What is meant by the forms of abuse included within the guidance?
Immigration abuse refers to a person’s immigration status being exploited for the purpose of controlling them. Examples of this may include: threats of being deported, important documents being withheld and access to support services being restricted.
Transnational marriage abandonment is where a spouse is purposefully stranded overseas, by their partner or family, with the aim of preventing them from returning to the UK.
Spiritual abuse is linked to beliefs in witchcraft, spirit possession or demonic influence. This type of abuse may include things such as exorcisms, beatings, starvation, or forced ingestion of harmful substances.
What is the meaning of this guidance in the long term?
That this crime often happens within a victim’s family or community makes it extremely difficult for victims to speak out. It is for that reason, amongst many others, why guidance such as this is vital. The guidance represents a significant advancement in the legal response to “honour”-based abuse. It serves as a clear indication that the link between “honour”-based abuse and the above practices is acknowledged.
It further safeguards vulnerable victims, whilst also making clear that abuse in the name of “honour” will not be tolerated and will be prosecuted.
If you or anyone you know is being subjected to any form of domestic abuse, such as the practices included within this article, please contact the Domestic Violence and Abuse Department (DVAD) for expert advice as to what protective measures are available. Please call us at our office in Leicester on 0116 255 4855. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
