Domestic abusers might be able to ‘explain away’ past violence as pub brawls under the current system, Liberal Democrat MP Josh Babarinde has warned.
An impassioned debate in the House of Commons saw Mr Babarinde call for the creation of a specific domestic abuse offence, describing it as a “national emergency”. He argued that existing offences such as grievous bodily harm (GBH) and assault could be designated as “domestic abuse aggravated” to differentiate them from other violent crimes.
The Eastbourne MP shared personal childhood experiences of growing up in a household affected by domestic abuse, recalling the fear and trauma of witnessing violence. “I know what it is to be crying upstairs under the covers as a child, listening to shouting, screaming, smashing and the rest coming from downstairs and not knowing if mum was OK,” he told MPs.
He described the lasting impact of seeing “broken glass or a kicked-in Hoover” and the anxiety of living in an environment where any word or movement could provoke an attack. His call for reform was met with both support and concern, as MPs debated the potential consequences of introducing a specific offence.
Legal loophole and lack of data
Mr Babarinde stressed that the absence of a dedicated domestic abuse offence creates a legal loophole, as cases are prosecuted under general offences like GBH or assault, rather than being categorised as domestic abuse. He proposed a legal framework similar to racially or religiously aggravated offences, ensuring that crimes committed in a domestic setting are appropriately recorded.
Highlighting a parliamentary question he raised in January, Mr Babarinde revealed that the Ministry of Justice was unable to determine how many domestic abusers were serving prison sentences in England and Wales. The department admitted it was “not possible to robustly calculate the number of domestic abusers in prison or their reoffending rate” due to the way offences are recorded.
“This is a national scandal,” Mr Babarinde declared. “The Government has a really powerful ambition that I fully support – to halve violence against women and girls over the next decade – but how can we possibly know if we’re achieving that if we don’t know how many domestic abusers are in prison at any given time?”
Impact on clare’s law
He also warned that the effectiveness of Clare’s Law, which allows individuals to request information about a partner’s history of abuse, is undermined by the lack of a specific domestic abuse offence.
“It would be very easy for an abusive partner to explain away a conviction for assault or battery as a brawl with a stranger in a pub,” Mr Babarinde argued. “But can you explain away domestic abuse aggravated assault in the same way? No.”
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Government’s response
Responding to Mr Babarinde’s proposal, Justice Minister Alex Davies-Jones expressed reservations, warning that creating a specific domestic abuse offence might inadvertently narrow the legal definition of domestic abuse.
“I am not convinced that his particular solution to create that series of domestic abuse aggravated offences is the right one,” she said.
Ms Davies-Jones cautioned against attempting to define domestic abuse through a list of specific crimes, arguing that doing so might exclude certain forms of abuse that do not involve physical violence.
“I am extremely wary that attempting to do so could unwittingly create a system in which some offences are deemed serious enough to constitute offences which could be aggravated by domestic abuse, whereas other offences in which domestic abuse could play a part are not,” she said.
She stressed the importance of ensuring that domestic abuse legislation reflects the full spectrum of abuse, including coercive control and emotional manipulation.
“We should not, for example, return to the outdated view that domestic abuse only involves physical violence,” the minister added.
A commitment to protecting survivors
While rejecting Mr Babarinde’s specific proposal, Ms Davies-Jones reaffirmed the Government’s commitment to tackling domestic abuse. She insisted that the harm caused by crimes commonly committed against women and girls must be reflected in sentencing policies.
“This Government is dedicated to ensuring that the harm caused by offences typically committed against women and girls, including domestic abuse, is appropriately and proportionately reflected in the sentencing framework,” she said.
The debate highlighted the urgent need for reform, with campaigners calling for stronger protections and more comprehensive data collection to track domestic abuse cases. Mr Babarinde’s proposal has reignited discussions about how best to address the crisis, with lawmakers from all sides agreeing that more must be done to support survivors and hold perpetrators accountable.
