Stay Home, Stay Safe, Save Lives? An Analysis of the Impact of COVID-19 on the Ability of Victims of Gender-based Violence to Access Justice
| DOI | 10.1177/0022018320948280 |
| Author | Callum Thomson,Kayliegh Richardson,Ana Speed |
| Published date | 01 December 2020 |
| Date | 01 December 2020 |
| Subject Matter | Articles |
Article
Stay Home, Stay Safe, Save Lives?
An Analysis of the Impact
of COVID-19 on the Ability
of Victims of Gender-based
Violence to Access Justice
Ana Speed
Northumbria University, UK
Callum Thomson
Northumbria University, UK
Kayliegh Richardson
Northumbria University, UK
Abstract
On 23 March 2020, the United Kingdom (UK) government introduced new measures aimed at
reducing the spread of coronavirus (Covid-19). These measures directed the closure of non-
essential businesses and venues, prohibited all public gatherings of more than two people and
required everyone to stay at home except for very limited purposes. The rationale behind the
measures was clear: Stay Home, Stay Safe, Save Lives. Within days of the lockdown coming into
force, reports emerged within the media that services supporting victims of gender-based
violence (GBV) were facing an unprecedented increase in demand for assistance, indicating
that cases of abuse were on the rise. Although GBV is not caused by lockdown measures,
evidence indicates that they may increase the incidence rate and/or the severity of GBV in
households where it is already being perpetrated. These findings are in line with existing
research which demonstrates that natural disasters, disease and other forms of conflict leave
citizens (particularly women and girls) vulnerable to GBV. Preventing and responding to GBV in
times of humanitarian crises is a vital but challenging endeavour. Whilst support services
struggle to secure adequate resources and capacity, restrictions on leaving the house mean
that victims face barriers to reporting abuse and seeking help. Within this context, this article
will analyse the impact of Covid-19 on the ability of victims of GBV to access justice. The first
part of this article will explore the role of GBV organisations in the UK, the impact of
humanitarian crises on reported rates of GBV, and how GBV can be mitigated during the
Corresponding author:
Callum Thomson, Northumbria University, Newcastle upon Tyne, NE1 8ST, UK.
E-mail: callum2.thomson@northumbria.ac.uk
The Journal of Criminal Law
2020, Vol. 84(6) 539–572
ªThe Author(s) 2020
Article reuse guidelines:
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DOI: 10.1177/0022018320948280
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Covid-19 outbreak. The second part of the article examines the effectiveness of the response
to the crisis from government and public sector agencies including Her Majesty’s Courts and
Tribunal Service (HMCTS), the Crown Prosecution Service (CPS) and the police. The third and
final part of the article presents the findings of a UK wide study conducted by the authors into
the impact of Covid-19 on GBV organisations and victims. Throughout the article, recom-
mendations are made as to the ways in which GBV organisations could be more effectively
supported to ensure justice for victims at this critical time.
Keywords
Domestic abuse, Covid-19, access to justice, gender-based violence
Introduction
On 23 March 2020, the United Kingdom (UK) government introduced new measures aimed at reducing the
spread of coronavirus ( Covid-19). These measu res directed the closur e of non-essential busi nesses and
venues, prohibited all public gatherings of more than two people and required everyone to stay at home
except for very limited purposes such as for daily exercise, travelling to work where this cannot be done from
home, or to purchase basic necessities.
1
Anyone leaving their home for one of the permitted reasons during the
‘lockdown’ period must practise ‘social distancing’ by ensuring they remain two metres apart from anyone
outside their household. For the purpose of this article, these are more generally referred to as the ‘lockdown’
measures. In England, these measures were given statutory footing through the Health Protection (Corona-
virus, Restrictions) (England) Regulations 2020 (‘the Regulations’) which came into force on 26 March 2020,
however broadly similar provisions have been enacted across all devolved nations.
2
The measures are to be
reviewed every 21 days.
3
At the time of writing this article, they remain in force with additional amendments
to the original regulations.
4
Within days of the lockdown measures coming into force, reports emerged within the media that services
supporting victims
5
of gender-based violence (GBV) were facing an unprecedented increase in demand for
support.
6
The UK’s largest domestic abuse charity, Refuge, reported an increase in the numbers of calls and
web-based contacts over various 24-hour periods of between 25%and 700%compared to pre-lockdown
levels.
7
The Respect telephone line for male victims of abuse similarly reported a weekly increase of
16.6%in the number of calls received with traffic to their advice website rising by up to 125%.
8
In the same
1. See the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. <https://www.legislation.gov.uk/uksi/
2020/350/contents/made> accessed 14 April 2020; helpful government guidance on the Regulations has also been published at
<https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876279/Full_guidance_
on_staying_at_home_and_away_from_others__1_.pdf> accessed 12 April 2020.
2. For example, Scotland has introduced The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020, Wales
have introduced The Health Protection (Coronavirus, Restrictions) (Wales) Regulations 2020 and Northern Ireland has The
Health Protection (Coronavirus, Restrictions) (Northern Ireland) Regulations 2020.
3. Regulation 3(2) (n 4).
4. At the time of writing, the latest amendment is Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No4)
Regulations 2020, SI 2020/588.
5. For the purpose of consistency in this article the term ‘victim’ is used, rather than ‘survivor’ to denote the fact that the authors
are often discussing families who continue to experience abuse.
6. See The Guardian (28 March 2020) ‘Lockdowns around the world bring rise in domestic violence’ <https://www.theguardian.
com/society/2020/mar/28/lockdowns-world-rise-domestic-violence> accessed 12 April 2020.
7. Refuge Press Release (9 April 2020) <https://www.refuge.org.uk/refuge-sees-calls-and-contacts-to-national-domestic-abuse-
helpline-rise-by-120-overnight/> accessed 17 April 2020; Refuge Press Release (11 April 2020) <https://www.refuge.org.uk/
refuge-response-to-home-secretary-announcement-of-support-for-domestic-abuse-victims/> accessed 17 April 2020.
8. The Guardian (6 April 2020) ‘UK domestic abuse helplines report surge in calls during lockdown’ <https://www.theguardian.
com/society/2020/apr/09/uk-domestic-abuse-helplines-report-surge-in-calls-during-lockdown> accessed 17 April 2020.
540 The Journal of Criminal Law 84(6)
week, they recorded an increase of over 26%in requests for support from perpetrators of abuse.
9
Similar
findings have been reported globally.
10
Against this background, this article will analyse the impact of Covid-19 on the ability of victims of GBV
to access justice. Justice will look different for every victim of GBV and may change depending on at what
point in time they are asked. This may include public exposure of the perpetrator, in the hope of preventing
others from experiencing similar harm,
11
securing their or their children’s safety through an injunctive order
or achieving financial independence from the perpetrator. For many, a safe place to call home will be a
priority, particularly at a time when ‘home’ is more important than ever. ‘Justice’ may or may not therefore
involve recourse to the formal court system.
The first section of this article will explore the role of GBV org anisations in the UK, the impact of
humanitarian crises on reported rates of GBV, and how GBV can be mitigated during the Covid-19 outbreak.
The second section will examine the effectiveness of the response to the crisis from government and public
sector agencies including Her Majesty’s Courts and Tribunal Service (HMCTS ), the Crown Prosecution
Service (CPS) and the police. The third part of the article will present the findings of a UK wide study into
the impact of Covid-19 on GBV organisations and victims. Throughout the article, recommendations will be
put forward as to the ways in which GBV organisations could be more effectively supported to ensure justice
for victims. These recommendations were also submitted to the UK Government as part of the Home Office’s
call for evidence on the preparedness for Covid-19.
12
Understanding GBV
GBV describes abuse which results in ‘physical, sexual, psychological or economic harm or suffering [dispro-
portionately to women], including threats of such acts, coercion or arbitrary deprivation of liberty, whether
occurringin public or in private life’.
13
The majorityof GBV relates to interpersonal violenceincluding domestic
abuse,sexual violence, forced marriage,female genital mutilation,stalking, honourbased violence and abuse and
human trafficking.
14
The Equality and HumanRights Commission recognise that GBV is the result of unequal
power relations,patriarchal socialstructures and socialisationpractices whichreflect wider gender inequalities.
15
GBV is oftenconceptualised as beingsynonymous with ‘Violenceagainst Women andGirls’ (VAWG)
16
because
women and girls aredisproportionately victimsof abuse whilst men are more likely to be perpetrators.
17
GBV is
9. Ibid.
10. Oregon Live (20 March 2020) ‘Calls to Oregon’s domestic violence crisis lines spike amid coronavirus crisis’ <https://
www.oregonlive.com/crime/2020/03/calls-to-oregons-domestic-violence-crisis-lines-spike-amid-coronavirus-crisis.html>
accessed 15 April 202 0; South China Morning Post (14 April 2020) ‘Appease,defuse, enlist a friend: domestic violence in
coronavirus lockdown, how to reduce the risk of it, and precautions to take’<https://www.scmp.com/lifestyle/health-
wellness/article/3079582/appease-defuse-enlist-friend-domestic-violence> accessed 10 April 2020.
11. J Herman, ‘Justice from the Victim’s Perspective’ (2005) Violence Against Women.
12. K Richardson, A Speed, C Thomson, ‘Written Evidence Submitted by Northumbria Law School (COR0049)’ (Home Affairs
Committee) <https://committees.parliament.uk/writtenevidence/2119/html/> accessed on 12 May 2020.
13. See Article 3a of The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic
Violence (the Istanbul Convention) <https://rm.coe.int/168008482e> accessed 16 April 2020.
14. S Montesanti, ‘The Role of Structural and Interpersonal Violence in the Lives of Women: A Conceptual Shift in Prevention of
Gender-based Violence’ (2015) 15 BMC Women’s Health 93.
15. The Equality and Human Rights Commission, ‘Response of the Equality and Human Rights Commission to the Consultation:
Transforming the Response to Domestic Abuse’ (2018) <https://www.equalityhumanrights.com/sites/default/files/consulta
tion-response-transforming-response-to-domestic-abuse-may-2018.pdf> accessed 18 April 2020.
16. The European Institute for Gender Inequality, Strategic Framework on Violence against Women 2015-2018 (Publications
Office of the European Union, Luxembourg 2015).
17. M Hester, ‘Who Does What to Whom? Gender and Domestic Violence Perpetrators in English Police Records’ (2013) 10
European Journal of Criminology 623–637; A Myhill, ‘Measuring Domestic Violence: Context is Everything’ (2017) 1(1)
Journal of Gender-Based Violence 33–44; A Myhill ‘Measuring Coercive Control: What can we Learn from National
Population Surveys?’ (2015) 21(3) Violence Against Women 355–375; S Walby and J Towers, ‘Measuring Violence to End
Violence: Mainstreaming Gender’ (2017) 1 Journal of Gender-Based Violence 11–31.
Speed et al. 541
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