Evidential difficulties in the prosecution of domestic violence-related offences: trauma, credibility and the need for reform

Dr Charlie Bishop presents, "Evidential difficulties in the prosecution of domestic violence-related offences: trauma, credibility and the need for reform" This paper will outline some of the difficulties encountered in prosecuting domestic violence offences, particularly behaviour that falls under the offence of ‘controlling or coercive behaviour’ which came into force in December 2015. This will include barriers imposed by the long-term effects of trauma, including memory fragmentation and difficulties in recall, and barriers caused by the role gendered expectations play in the commission of much domestic violence. There will be a particular focus on the impact both of these factors have on assessments of witness credibility and reliability. Some suggested reforms to prosecutorial practice will then be outlined, and there will be a discussion of whether memory-processing techniques from Clinical Psychology could be used to alleviate some of the negative impacts trauma has on a witness’s ability to give an account that is coherent, consistent and detailed enough to secure a conviction in the criminal courts.