Introduction
Honour-Based Abuse (HBA) represents a complex and deeply entrenched form of violence, often rooted in cultural or familial notions of honour, disproportionately affecting women and girls in certain communities. Defined as a range of abusive behaviours—including physical violence, coercion, and forced marriage—HBA is frequently hidden behind structural barriers such as social stigma, familial control, and distrust of authorities. These barriers significantly impede victims’ access to justice, raising critical questions about the adequacy of current legal and policing responses in the UK. This essay explores whether the law should impose a heightened investigative duty on police in HBA cases to address these systemic challenges. It argues that, while such a duty could enhance victim protection and accountability, it must be balanced against practical constraints and the risk of perpetuating cultural stereotypes. The discussion is structured around the nature of HBA and its barriers to justice, the current legal and policing framework, the case for a heightened duty, and potential limitations of this approach.
Understanding Honour-Based Abuse and Structural Barriers
HBA encompasses various forms of abuse motivated by the perceived need to protect or restore family or community honour. This can include physical violence, psychological coercion, forced marriage, and, in extreme cases, honour killings. The UK government recognises HBA as a significant safeguarding concern, with the Home Office estimating thousands of cases annually, though precise figures are difficult to ascertain due to underreporting (Home Office, 2015). Victims, often young women, face structural barriers that limit their ability to seek help. These include fear of ostracism, language barriers, dependency on abusers for financial or immigration status, and a deep-seated mistrust of police due to perceived or real cultural insensitivity (Gill, 2014). Such barriers are compounded by the hidden nature of HBA, which often occurs within private familial settings, making detection and intervention challenging. Consequently, victims are frequently left without recourse to justice, highlighting the urgent need for tailored responses that address these systemic issues.
Current Legal and Policing Framework for HBA in the UK
The UK legal system has made strides in addressing HBA through legislation and policy. The Forced Marriage (Civil Protection) Act 2007 and the criminalisation of forced marriage under the Anti-social Behaviour, Crime and Policing Act 2014 are notable steps forward. Additionally, the Domestic Abuse Act 2021 provides a broader framework for tackling domestic violence, which can encompass HBA. Police forces are guided by the College of Policing’s Authorised Professional Practice, which includes specific protocols for identifying and responding to HBA risks (College of Policing, 2015). However, implementation remains inconsistent. Studies suggest that many police officers lack adequate training to recognise HBA indicators or handle cases with cultural sensitivity, often resulting in missed opportunities for intervention (Brandon and Hafez, 2008). Furthermore, the standard investigative duty applied to HBA cases does not account for the unique barriers victims face, such as the risk of retaliation if their engagement with authorities becomes known. This raises the question of whether a more proactive, specialised duty is necessary to ensure effective protection and justice.
The Case for a Heightened Investigative Duty
Imposing a heightened investigative duty on police in HBA cases could address the structural barriers that obstruct victims’ access to justice. Such a duty might involve mandatory training on cultural nuances, prioritised resource allocation, and proactive engagement with at-risk communities to build trust. For instance, police could be required to conduct risk assessments immediately upon suspicion of HBA, even in the absence of a formal complaint, given that many victims are unable or unwilling to come forward. This approach aligns with recommendations from the Crown Prosecution Service, which advocates for early intervention in cases involving honour-based violence (CPS, 2020). Moreover, a heightened duty could facilitate better multi-agency collaboration, ensuring that social services, NGOs, and community organisations play a supportive role in safeguarding victims. Indeed, evidence from pilot schemes, such as specialist HBA units in certain UK police forces, suggests that targeted interventions can improve victim outcomes by increasing reporting rates and successful prosecutions (HMICFRS, 2015). Therefore, a legal mandate for heightened investigative efforts could arguably bridge the gap between policy and practice, offering victims a more accessible path to justice.
Limitations and Challenges of a Heightened Duty
However, introducing a heightened investigative duty is not without challenges. First, there is the issue of resource allocation. Police forces in the UK are often under significant strain, with competing priorities that may limit their capacity to dedicate specialised attention to HBA cases. Implementing such a duty could exacerbate these pressures unless accompanied by adequate funding and training, which are not guaranteed in the current fiscal climate. Second, there is a risk of reinforcing cultural stereotypes or stigmatising specific communities. A heightened focus on HBA, if not handled with nuance, might perpetuate the erroneous notion that honour-based violence is intrinsic to certain ethnic or religious groups, rather than a product of patriarchal structures that transcend cultural boundaries (Meetoo and Mirza, 2007). Furthermore, overzealous policing could deter victims from engaging with authorities, particularly if intrusive investigations heighten familial tensions or expose victims to further harm. These concerns suggest that while a heightened duty may be beneficial in theory, its practical application must be carefully designed to avoid unintended consequences.
Conclusion
In conclusion, the structural barriers that restrict victims’ access to justice in cases of Honour-Based Abuse necessitate a re-evaluation of the police’s investigative responsibilities. This essay has argued that imposing a heightened investigative duty could enhance victim protection by addressing systemic challenges such as underreporting and cultural mistrust, as evidenced by the potential benefits of specialised training and proactive risk assessments. However, practical limitations, including resource constraints and the risk of cultural stereotyping, underscore the need for a balanced approach that prioritises sensitivity and sustainability. Ultimately, while a legal mandate for heightened duties offers a promising avenue for reform, its success depends on complementary measures such as increased funding, community engagement, and ongoing evaluation to ensure it serves victims without exacerbating existing tensions. The implications of this debate extend beyond HBA to broader questions of how the legal system can adapt to hidden forms of violence, suggesting a need for continued research and policy innovation in this field.
References
- Brandon, J. and Hafez, S. (2008) Crimes of the Community: Honour-Based Violence in the UK. Centre for Social Cohesion.
- College of Policing (2015) Honour-Based Abuse: Authorised Professional Practice. College of Policing.
- Crown Prosecution Service (2020) Honour-Based Abuse and Forced Marriage: Guidance for Prosecutors. CPS.
- Gill, A. (2014) Honour Killing and Violence: Theory, Policy and Practice. Palgrave Macmillan.
- Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (2015) The Depths of Dishonour: Hidden Voices and Shameful Crimes. HMICFRS.
- Home Office (2015) Forced Marriage and Honour-Based Violence: Multi-Agency Practice Guidelines. Home Office.
- Meetoo, V. and Mirza, H.S. (2007) ‘There is Nothing “Honourable” about Honour Killings’: Gender, Violence and the Limits of Multiculturalism. Women’s Studies International Forum, 30(3), pp. 187-200.
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