Non-fatal strangulation is now a specific criminal offence, punishable by up to five years in prison. 

Strangulation typically involves an abuser strangling or intentionally affecting their victim’s breathing in an attempt to control or intimidate them. Perpetrators were avoiding punishment as the practice can often leave no visible injury, making it harder to prosecute under existing offences such as Actual Bodily Harm (ABH).

The act places a duty on local authorities in England to provide accommodation based support to victims of domestic abuse and their children in refuges and other safe accommodation.

The new duty will cover the provision of support to victims and their children residing in some/all of the following (subject to consultation):

• refuge accommodation
• specialist safe accommodation
• dispersed accommodation
• sanctuary schemes
• move-on or second stage accommodation

In addition to the above, homeless victims of domestic abuse will gain automatic ‘priority need’ for homelessness assistance. 

Using ‘rough sex’ as a defence to excuse crimes of sexual violence will be banned in the UK this year.

The defence, used by lawyers to excuse non-fatal and fatal assaults because the victim has consented to sex, will be outlawed.

The amendment specifies that any behaviour such as injuring, assaulting or killing a partner, cannot be defended on the grounds that the victim consented to it – including if it occurred during a ‘sadomasochistic encounter’.

The Domestic Abuse Act includes economic abuse for the first time. 

The act defines economic abuse as any behaviour that has a substantial and adverse effect on an individual’s ability to: 

• acquire, use or maintain money or other property (such as a mobile phone or car) or;  
• obtain goods or services (such as utilities, like heating, or items such as food and clothing) 

This definition means that everyone will have the same understanding of what economic abuse is. It also means that agencies, such as the police, will have to recognise economic abuse and take it seriously.  

The act will not make economic abuse a crime in its own right. However, it can be addressed through other offences, such as criminal damage and controlling or coercive behaviour. 

The government’s new coercive or controlling behaviour offence will mean victims who experience the type of behaviour that stops short of serious physical violence, but amounts to extreme psychological and emotional abuse, can bring their perpetrators to justice.

The offence will carry a maximum of 5 years imprisonment, a fine or both.

The government will also strengthen legislation around controlling or coercive behaviour, no longer making it a requirement for abusers and victims to live together. The change follows a government review which highlighted that those who leave abusive ex-partners can often be subjected to sustained or increased controlling or coercive behaviour post-separation.

The so-called ‘revenge porn’ laws – introduced by the government in 2015 – will be widened to include threats to disclose intimate images with the intention to cause distress. More than 900 abusers have been convicted since revenge porn was outlawed but ministers are determined to further protect victims, with those who threaten to share such images facing up to two years behind bars.

The new law forms a ‘statutory presumption’ that victims are eligible for special measures in the criminal, civil and family courts, for example, providing evidence via video link. Additionally, perpetrators are now banned from cross-examining their victims in person in civil and family courts in England and Wales. 

The act also prevents traumatising family court proceedings from taking place by clarifying the conditions in which a court can make a barring order under section 91(14) of the Children Act 1989. Previously, repeated hearings could be used as a form of harassment and this new clarification will prevent that. 

Finally, the act restricts GPs and other medical professionals from charging victims for a letter to support an application for legal aid.

For the first time, there will be a specific strategy developed which focuses on perpetrators. 

Polygraph testing is now permitted for use on domestic abuse offenders as condition of  their release from custody. Though polygraph testing isn’t 100% accurate, offenders could be subject to regular tests to determine whether they have breached release conditions.

Police have been given new powers to issue Domestic Abuse Protection Notices which require offenders to leave the home for up to 48 hours. Courts are now able to issue  Domestic Abuse Protection Orders following an application by the police. These will enforce perpetrators to take positive steps to change their behaviour, e.g. by seeking mental health support or drug and alcohol rehabilitation.