Thank you for your interest in the exposure draft of the Family Law Amendment Bill (No. 2) 2023. We have published submissions below, where we had permission to do so. Use the filters on the right to navigate the submissions.
Category: Domestic Violence
Key crime stat excludes rape and other sexual offences – BBC News
A key crime measure routinely quoted by ministers excludes many crimes that affect women more often than men, the BBC can reveal.
The headline figure from the Office for National Statistics (ONS) shows “total” crime has halved since 2010 – but excludes sexual assault, even rape.
The ONS says it is more challenging to collect accurate data on these kinds of crimes.
But critics say the omission hides the extent of violence against women.
Violent crime statistics do not give a picture of trends in sexual assault because these crimes are classified as sexual offences and counted separately.
Sexual assaults are actually increasing, affecting just over 4% of women aged 16 to 59 in the year to March 2023, a figure that has nearly doubled since 2014.
Harriet Wistrich, of the Centre for Women’s Justice, said relying on a definition of “crime” or “violence” that excludes what many women experience and worry about “gives a distorted picture of how much safer ‘the general public’ are”.
“Women are ‘the general public’. But their experience of violence is different from men’s”.
Source: Key crime stat excludes rape and other sexual offences – BBC News
Trailer (long) First Class Citizen – YouTube
Violence against women: Council and European Parliament reach deal on EU law
The Belgian presidency and European Parliament agreed on a first-ever EU law on violence against women and domestic violence. The new law lays down minimum rules concerning the definition of specific criminal offences and penalties to address this form of violence. It also sets out rights of victims of all forms of violence against women or domestic violence, and provides for their protection.
The new law would criminalise the following offences across the EU:
- female genital mutilation
- forced marriage
- non-consensual sharing of intimate images
- cyber stalking
- cyber harassment
- cyber incitement to hatred or violence
Once adopted, the new law will set common rules on the definition of those offences and related penalties.
The directive will also introduce aggravating circumstances such as the repeated exercise of violence against women, committing an act of violence against a vulnerable person or a child and using extreme levels of violence.
The new law will also make it easier for victims of these crimes to access justice and obliges member states to provide an appropriate level of specialised protection and support.
The directive also foresees that victims will have the right to claim full compensation from offenders for damages resulting from the offence of violence against women or domestic violence. Victims should also be able to obtain compensation in the context of criminal proceedings where appropriate.
According to today’s agreement, specialised support services, such as rape crisis centres, must be available to victims to offer advice and support, provide information about access to legal counselling, and provide help into finding shelters and medical care.
Member states must furthermore make a national telephone helpline available that victims of violence can reach 24/7, free of charge.
Source: Council of the EU
I’ve fought for years to report what really goes on in family courts. At last, journalists can | UK
Every day, the emails arrive. Over the nine years I’ve reported on family courts, desperate missives from families embroiled in court proceedings have landed in my inbox telling me that the judge is biased, the “guardian” representing their child is corrupt, social workers have lied, pulverising cross-examinations by barristers have traumatised them, poor advice from solicitors has damaged their case, and the family justice system’s delays and decisions have destroyed their family and harmed their child.
I must have read thousands. And some of them are true.
Until a year ago, however, each time I’d attended family court, the presumption, enshrined in law, had been that I was banned from reporting what I saw going on.
Reporters couldn’t describe the dismissive tone in which a judge spoke to a woman trying to prove domestic abuse, or how a social worker had repeatedly breached court orders leading to harmful delay, or how a mother who had just given birth pleaded over Microsoft Teams to keep her baby while milk soaked her T-shirt as she sat in a hospital side room. In short, journalists weren’t able to report what they saw going wrong, or indeed what was going right. Not that is, without applying to the judge. And then you were in a world of pain, involving seemingly endless time, effort, cost, delay and risk.
We are now 12 months into the brave new pilot scheme where journalists can attend hearings in some cities in England and Wales on the basis that they can publish what happens, rather than breaking the law if they do.
The truth is that family cases are typically complex, multi-day hearings, stretching out over months. Occasionally you can publish something useful after a day in court, but several days is more typical. The longest case I’ve followed lasted three years. This is not a trip to the local magistrates court to write 600 words for the next day’s paper.
When someone is criminally prosecuted, we rightly demand that a justice system that can deprive someone of their liberty is open to scrutiny, and is accountable. The possible consequences of a family court case – sometimes losing your children for ever – are seen by many as a fate far worse than imprisonment. So the public interest in journalists reporting on family justice – and investigating when things go wrong – is compelling and immense. Editors need to give journalists the time to report on these cases, which typically involve poverty, homelessness, violence, abuse and addiction afflicting often the most vulnerable people in society.
Source: I’ve fought for years to report what really goes on in family courts. At last, journalists can
Fallen TV star Andrew O’Keefe found guilty of domestic violence, but manages to avoid jail
The broadcaster was hit with three sets of charges, including assault causing actual bodily harm, breaching a domestic violence order and possession of the synthetic stimulant drug mephedrone.
Magistrate Alison Viney on Wednesday found O’Keefe’s actions in kicking, spitting, scratching and otherwise assaulting a woman, who cannot be identified for legal reasons, were proven beyond a reasonable doubt.
O’Keefe was sentenced to one 12-month and three 18-month community corrections orders, which include supervision and reporting requirements.
He was also fined $800 for the drug offences.
Ms Viney said O’Keefe’s disregard for the apprehended domestic violence order in repeatedly contacting the victim was a concern for the court.
O’Keefe, dressed in a teal-green suit, became agitated and muttered throughout parts of the judgment, shaking his head at times as the magistrate read out her findings.
Numerous photographs of the victim’s injuries, including bruising and scratches to her arms and chest, were tendered during hearings in November.
O’Keefe denied the woman’s accusations in 2023, telling the court: “None of this happened.”
He had previous charges dismissed on mental health grounds following an incident in January 2021, during which he slapped the woman and spat in her face.
Source: Fallen TV star Andrew O’Keefe found guilty of domestic violence, but manages to avoid jail
23/01/2024 | Press release | Fight against human trafficking: Council and European Parliament strike deal to strengthen rules | Council of the EU
Today the Belgian presidency of the Council and representatives of the European Parliament reached a provisional agreement to add forced marriage, illegal adoption and surrogacy as types of exploitation covered by the EU’s anti-trafficking law. The update of the directive on preventing and combating trafficking in human beings will also require EU countries to make sure that people knowingly using services provided by victims of trafficking can face sanctions. Other amendments concern the strengthening of victims’ support and assistance as well as prevention measures.
Council and European Parliament negotiators agreed to explicitly mention in the directive that the exploitation of surrogacy, forced marriage and illegal adoption are types of exploitation which fall under the scope of the definition of trafficking. The trafficking for the exploitation of surrogacy, which is when a woman agrees to deliver a child on behalf of another person or couple to become the child’s parent(s) after birth, will target those who coerce or deceive women into acting as surrogate mothers.
Including these forms of trafficking in the EU anti-trafficking law will take into account the prevalence and the relevance of these forms of exploitation.
The Council and EU Parliament have also decided to include a new aggravating circumstance in the law to take into account the amplifying effect that information and communication technologies (ICT) can have as regards trafficking. This includes the fact that the perpetrator facilitated or committed the dissemination, by means of ICT, of images, videos or similar material of a sexual nature involving the victim.
Sanctions on legal persons, such as companies, held accountable for trafficking offences will also be beefed up. They will from now on cover the exclusion from access to public funding, including tender procedures, grants, concessions and licences, and the withdrawal of permits and authorisations to pursue activities which have resulted in committing the offence.
Source: Council of the EU
Sex and the law in the UK – Sex Matters
Shadow report on the implementation of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention).
[I]t is well-established that equality does not always mean treating women and men in the same way, and that single-sex facilities are often needed. These include:
- Everyday facilities for washing, changing and using the toilet, and where people are living or sleeping communally such as in hospital wards. These situations are more comfortable when provided separately for men and women. Not providing these facilities separately makes women in particular feel unsafe and humiliated. It puts women at risk of voyeurism, exposure and assault – crimes that are predominantly committed by men against women – and makes the public realm a more hostile place for women, often keeping them at home.14
- Specialist services for women, particularly as victim-survivors of violence against women, were born of the recognition that when it comes to violence, women and men are so different that treating them in the same way, or mixing them together as victims or offenders, reproduces violence. Prisons are also single sex, under the international Mandela rules.
- Sports, so that women and girls are not forced to compete, train or undertake recreational sporting activities with men and boys where this would be unfair or unsafe for them because of men’s greater size, strength and athletic ability.
This legal complexity and uncertainty leaves service-providers of all sizes and in all sectors facing risk when operating within what should be a straightforward law. Many have become afraid of trying to provide single-sex services or to collect data on sex at all, and have made everything “gender-neutral”.
Conclusion and recommendations
Without clear legal protection against discrimination or measures to allow positive action on the basis of sex, or requirement to consider the specific needs and disadvantages of women as a sex the UK we believe the UK is in breach of the Istanbul Convention.
Removing the legal effect of the Gender Recognition Act on the protected characteristic of sex in the Equality Act would return legal protection to women. It would not take away protection from transgender people, who are covered by the separate characteristic of gender reassignment. This could be done using secondary legislation, using a provision in the Gender Recognition Act (s23) for resolving such conflicts and adverse effects.
Your Car Is Tracking You. Abusive Partners May Be, Too.
Apps that remotely track and control cars are being weaponized by abusive partners. Car manufacturers have been slow to respond, according to victims and experts.
Modern cars have been called “smartphones with wheels” because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers don’t realize how much information their cars are collecting and who has access to it, said Jen Caltrider, a privacy researcher at Mozilla who reviewed the privacy policies of more than 25 car brands and found surprising disclosures, such as Nissan saying it might collect information about “sexual activity.”
Domestic violence experts say that these convenience features are being weaponized in abusive relationships, and that car makers have not been willing to assist victims. This is particularly complicated when the victim is a co-owner of the car, or not named on the title.
Source: Your Car Is Tracking You. Abusive Partners May Be, Too.
Family Court murders and bombings subject of new Ten true crime doco | news.com.au — Australia’s leading news site
A violent and brutal chapter in the 1980s known collectively as the Family Court murders and bombings ranks as one of Australia’s most notorious and least understood true crime sagas.
And it’s the subject of a new four-part documentary series, airing on Ten from this Wednesday.




