Ethnic Minority and Migrant Victims of Violence Against Women and Girls

Kate Osamor Excerpts

Wednesday 5th July 2023 Westminster Hall

[Kate Osamor (Edmonton) (Lab/Co-op)]

I beg to move,

That this House has considered the matter of the criminalisation of victims of violence against women from ethnic minority and migrant communities.

It is a pleasure to serve under your chairship, Ms Nokes—I believe for the first time. I am proud to have secured this debate, especially as I chair the all-party parliamentary group on women in contact with the justice system. I want to give voice to black, Asian, minoritised and migrant women who have been victims of abuse, many of whom, far from being protected, have found themselves facing criminal proceedings due to failings in criminal law and practice. That includes those who are victims of domestic abuse, so-called honour-based violence, sexual violence and other forms of violence against women and girls. Meanwhile, in many cases the perpetrators of abuse against those victims are escaping justice. For too long, the Government have dismissed calls for change to prevent the unjust criminalisation of victims.

The backdrop to the debate is an epidemic of violence against women and girls. Every year, my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) reads out a long list of women who have been killed over the past 12 months. It is clear that the criminal justice system is failing victims. It is eight years since the offence of controlling or coercive behaviour was introduced, and two years since the Domestic Abuse Act 2021 became law. Those were both positive developments. However, today, there is a continuing failure to take domestic abuse and other forms of violence against women and girls seriously. Victims continue to be prosecuted and convicted for offences that result directly from their experience of abuse.

I have been supported in preparing for the debate by the Centre for Women’s Justice and by the Tackling Double Disadvantage partnership. The Centre for Women’s Justice is a lawyer-led charity that works with frontline women’s services to challenge police and prosecution failings around violence against women and girls, including the unjust criminalisation of victims. The Tackling Double Disadvantage partnership consists of six charities that aim to tackle intersectional discrimination experienced by black, Asian, minoritised and migrant women in contact with the criminal justice system.

Evidence gathered by the Centre for Women’s Justice and the Tackling Double Disadvantage partnership highlights a lack of understanding of the dynamics of domestic abuse among police, prosecutors, lawyers and judges. That includes failures to identify victims, failures to offer them support, failures to take proper account of their experience of abuse in proceedings, and reliance on misogynistic attitudes, myths and stereotypes, as well as a lack of cultural competence.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for bringing forward the debate. I make my point with great sadness—the shadow Minister, the hon. Member for Birmingham, Yardley (Jess Phillips), has a passion for the subject, and she knows this better than most—because, unfortunately, in Northern Ireland we have had some 42 murders of women over a five-year period. That is the highest rate in all Europe, second only to Romania, and it tells me that in Northern Ireland the murder of women and disrespect for women are at higher levels than almost anywhere else. That grieves me greatly.

We always look to the Minister for a positive response, which is what we seek from the debate and what the hon. Member for Edmonton (Kate Osamor) is rightly asking for. When it comes to having better services in place, it is important that the Minister corresponds with the Minister responsible in the Northern Ireland Assembly to ensure that protection for women across this great United Kingdom of Great Britain and Northern Ireland is improved, especially in Northern Ireland.

[Kate Osamor]

I thank the hon. Gentleman for that important and powerful intervention. Unfortunately, violence against women does not discriminate: it can happen anywhere. I hope the Minister will take on board the shocking numbers that the hon. Gentleman just relayed.

[Fiona Bruce (Congleton) (Con)]

I commend the hon. Lady for securing this debate and for her powerful speech. She is absolutely right that violence against women can happen anywhere. Does she agree that we cannot with integrity call out violence against women in countries such as Pakistan and Nigeria, much of which is based on women’s faith and beliefs, unless we also tackle the issue at home?

[Kate Osamor]

I thank the hon. Lady for her powerful intervention and commend her for all the work she does in that very saddening space.

Shockingly, victims of violence against women and girls who are not trafficking victims do not have a statutory defence when they are compelled to commit offences in similar circumstances. Another outstandingly bad discrepancy is that householders defending themselves against an intruder are permitted by law to use disproportionate force, provided it is reasonable in the circumstances, but no such leniency is allowed for domestic abuse victims defending themselves against their abuser. Attempts were made to amend the Domestic Abuse Act 2021 to fix that issue, but sadly the Government defeated them.

Data collected by lawyers at the Centre for Women’s Justice found that an alarming 57% of women in prison— at least—have experienced domestic abuse. The true proportion is likely to be much higher due to the barriers to women disclosing abuse. The cases involve a wide range of circumstances: some women were coerced by their abuser to offend and some defended themselves against abuse and were prosecuted as a result.

In one such case, a woman I will call Miss A was charged with driving while disqualified without insurance. The charge included excess alcohol and dangerous driving. She explained that her partner had dragged her from her home while she was partially dressed and forced her to drive. A police officer indicated for them to pull over, and she says that her partner threatened to kill her if she did not drive on. He punched her in the ribs and tried to grab the steering wheel while they were chased by the police. She was prosecuted and convicted, and her conviction was upheld on appeal to the High Court.

Black, Asian, minoritised and migrant women face additional disadvantages. Women and girls from minority ethnic groups are over-represented at every stage in the criminal justice system. That is partly due to a lack of cultural competence: agencies fail to respond appropriately to evidence of abuse, misinterpret women’s behaviour and fail to ensure that women can understand and participate fully in the proceedings against them. Added to that is the evidence of racism in the criminal justice system and the openly hostile environment for migrants.

A woman I will call Miss B entered an arranged marriage in her home country at the age of 15 and was subjected to physical and mental abuse. She then accepted an offer from a man to get her to the UK, but he sexually exploited her and she ran away. After using her friend’s documents to work as a cleaner and a carer, she was caught by immigration control and sent to prison for three months for fraud, before spending time in immigration detention. Thankfully, she met a woman from the fantastic Hibiscus Initiatives, whose women’s centre I have had the pleasure of visiting. It offered her support, and thankfully, since her release, she has been granted leave to remain and has given birth to a healthy baby boy.

The continued failure to introduce a data-sharing firewall between the police and immigration engenders a lack of trust among migrant women, which puts them at greater risk of violence and abuse. Measures in the Nationality and Borders Act 2022 and proposals in the Illegal Migration Bill curtail the rights of migrant and trafficked women further, leaving them even more vulnerable to abuse and widening the net of criminalisation. Toxic cultures of misogyny and racism in the police have also been highlighted by too many high-profile cases over the years.

It is against this backdrop that a small proportion of victims each year find themselves facing arrest, prosecution and imprisonment because of their experience of abuse. As the Government themselves acknowledged in their female offender strategy, by far the majority of women in prison or under community supervision are victims of domestic abuse, and there are strong links between women’s experience of abuse and their offending or alleged offending.

For ethnic minority and migrant women, it is particularly hard to access support. Migrants with the “no recourse to public funds” condition face extra barriers in seeking crucial support from the state to help them to flee abusive relationships. Meanwhile, research by Refuge has shown that black women are 14% less likely to be referred to its services by police than white survivors of domestic abuse. The Government’s female offender strategy delivery plan, released earlier this year, contained no commitment to take action to end the unjust criminalisation of victims of violence against women and girls, and the Victims and Prisoners Bill has been widely condemned by specialist women’s services for failing to deliver what victims need.

Given the issues I have raised today, I would like to provide the Minister with a series of recommendations, drawing on the work of the Centre for Women’s Justice and the Tackling Double Disadvantage partnership. First, will the Government amend the Victims and Prisoners Bill to introduce statutory defences for victims of domestic abuse who are accused of offending, and to add a commitment to the victims code to protect all victims of violence against women and girls from unjust criminalisation, therefore ensuring that they have their rights upheld as victims and are not stigmatised?

Secondly, will the Government increase investment in women’s services for victims facing criminal proceedings, to ensure that they have a safe space to disclose abuse and receive support at the earliest stage, and especially services led by and for black, Asian, minoritised and migrant women? That would help the implementation of a strategic approach to changing the culture of the police and other criminal justice agencies.

Thirdly, the Government should seek to ensure that ethnic minority and migrant women have access to cultural mediation, translation, interpretation and international calls and are provided with improved standards of interpretation and the choice of the gender of their interpreter.

Fourthly, I urge the Government to implement a firewall to end the sharing of victims’ and witnesses’ data between the police and the Home Office for immigration enforcement purposes, as recommended by the Justice Committee, the Domestic Abuse Commissioner and the women’s services sector. That would help to create greater security and confidence for migrant women who come forward to report abuse.

Fifthly, I ask the Government to commit to the annual publication of disaggregated data on gender-based violence and its link with women’s pathways into the criminal justice system, including a distinct focus on ethnic minority and migrant women.

Last, but by no means least, I urge the Government to withdraw proposals in the Illegal Migration Bill that would limit the rights of potential victims of trafficking and leave women far more vulnerable to abuse without recourse.

I have with me a letter for the Minister that sets out in more detail the demands and asks for change put forward by the Centre for Women’s Justice and the Tackling Double Disadvantage partnership, and requests a written response to our recommendations and a meeting; I hope the Minister will be kind enough to accept it. I would be grateful if the Minister considered those proposals closely and worked with me and other Members from across the House who are here today.

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[Miss Dines]

I am always pleased when money runs out because that means it has been fully utilised. I was about to finish the sentence by saying that further support is under review. The demand for that service has been considered.

Let me mention one or two other points that hon. Members raised with great earnestness. On the drugs strategy and county lines, on 6 December 2021, the Government published a 10-year drugs strategy, and through that strategy we will support our flagship county lines programme, investing £149 million over three years in that area. That funding will add to the £65 million invested since November 2019.

How will the Victims and Prisoners Bill improve people’s experience and the experience of victims? We are supporting victims of domestic abuse by enhancing the position of independent domestic violence advisers, while improving wider support services through a joint statutory duty in England on police and crime commissioners, local authorities and health bodies to collaborate in commissioning support services. Beyond the Bill, we are providing £51 million to support victims of sexual assault and domestic abuse. Those are unprecedented numbers that the Government have committed to this field.

I have a little more time to mention support for migrant victims of domestic abuse. How we support migrant victims of domestic abuse has been raised by several hon. Members today. Let me reiterate that the Government are committed to supporting all victims of domestic abuse, regardless of their immigration status. We know that victims of domestic abuse with insecure immigration status can face additional barriers when seeking support from agencies and professionals. That is why in April 2021 the Government launched the support for migrant victims scheme, which is run by Southall Black Sisters and their delivery partners. I have had the pleasure on numerous occasions to speak with members of that organisation. That scheme provides wraparound support for migrant victims, including accommodation, subsistence support and counselling. As I mentioned, I am pleased to have met members of the organisation on several occasions and I am grateful for their work in this area.

As committed to in the domestic abuse plan, we allocated up to £1.4 million in 2022-23 to continue to fund the scheme. We have now extended that funding into March 2025. More than 950 victims have been supported through the scheme since its introduction, and I welcome the important work that Southall Black Sisters and many other specialist organisations do in this area.

Data sharing, which has been mentioned by several hon. Members, is an area where there are strongly held views. Following our 2022 review of data sharing for migrant victims of crime, we will be establishing a migrant victims protocol. That will provide an assurance to individuals that no immigration enforcement action will be taken while criminal justice proceedings are ongoing or while support to make applications to regularise their stay is being sought.

Alongside establishing that protocol, we are developing a code of practice on personal data sharing between the police and the Home Office regarding victims of domestic abuse subject to immigration control.

[Kate Osamor]

The Minister says that the Government are doing all they can to support women affected by domestic abuse, but what about migrant women who have no recourse to public funds? What are the Government going to do to support those women?

[Miss Dines]

The Government have committed large amounts of funding to support partners, and are always looking at and reviewing what they are going to do.

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[Kate Osamor]

First, I want to say thank you to my hon. Friends the Members for Poplar and Limehouse (Apsana Begum) and for Vauxhall (Florence Eshalomi) for your powerful speeches.

[Caroline Nokes (in the Chair)]

May I remind hon. Members that we have had lots of “you” and “yours” today?

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[Kate Osamor]

Thank you for reminding us, Ms Nokes.

I thank everyone who has helped me to put this debate together. It is really important that this House has considered the criminalisation of victims of violence against women from ethnic minority and migrant communities.

The Minister said that the Government are committed to tackling disparities facing ethnic minority women in the criminal justice system. Although the inequalities experienced by ethnic minorities are mentioned in the delivery plan, it does not go far enough. We need to tackle institutional racism in the criminal justice system from top to bottom. It is no wonder that black and ethnic minority women do not trust the police and the criminal justice system, for many different reasons. When we hear stories such as those of the police officers taking pictures of Nicole Smallman and Bibaa Henry, we know that the lack of trust across the community only deepens. There is a lot of work still to be done. I thank the Minister for accepting my letter, and I look forward to working alongside the Government to improve outcomes for victims of domestic violence.

Question put and agreed to.

Resolved,

That this House has considered the matter of the criminalisation of victims of violence against women from ethnic minority and migrant communities.