Clare's Law: Will Women's Right To Know Partner's History Help Stop Domestic Violence?

Clare Wood

The Huffington Post UK   Dina Rickman First Posted: 5/03/2012 15:32 Updated: 5/03/2012 15:36

A government pilot scheme launched on Monday aims to prevent women from being trapped in abusive relationships by allowing them to find out about their partner's past. But while some have claimed the scheme, dubbed 'Clare's Law', could have saved lives, others argue they are at a "loss" as to why the government has announced the plans.

Two pilots are running this year in four areas of the UK - Greater Manchester, Gwent, Nottinghamshire and Wiltshire. As home office minister Lynne Featherstone put it: "If a woman suspects or wants to know her partner's history, she has the right to ask the police, but also the right to know which is the police pro-actively knowing the history of someone, and going and informing that woman."

But Refuge says the law, named after 36-year-old mother of one Clare Wood, who was murdered by ex-boyfriend George Appleton, simplifies domestic violence. Not all women leave their violent partners, and the violence does not always stop once they have separated. Equally, not all known offenders are known to the police.

"In all my years of running refuges, I have never heard a woman say 'if only the police had told me they knew my partner was an abuser I would have left him'," Sandra Horley, the charity's CEO, said.

Horley says it is more likely Wood died at the hands of her ex-partner because the police had not responded to her 999 call begging for help, rather than because she was unaware of Appleton's violent past.

There is also concern about what the law will mean in practice.

Emma Carr, deputy director of the campaign group Big Brother Watch, said: "Are the police going to disclose arrests or mere suspicion, despite someone never being convicted?

"We have a legal system based upon guilt needing to be proven in court and this should not be a means of bypassing that."

But Maura Jackson, chief executive of domestic violence charity Advance says the law could help a woman who works with her charity, who believes the only way she will leave her current relationship is "in a box".

"I can think of one lady that we have supported for a number of months," she told The Huffington Post UK.

"She's still in the relationship, she still feels that the only way she's going to leave that relationship is in a box. Her words, not mine."

Jackson believes if she had found out about her partner's violent past before she moved in with him she may have been able to leave.

"He was violent, manipulative and controlling towards three women, he had a history and he served a sentence three years ago for GBH against a previous partner.

"For a case like that where the would be a track record - he'll be in the criminal justice system, he's in the safeguarding system because there are a children involved.

"He will be on lots of people's radars but not the women he's getting involved with. I can understand people are concerned about personal data being shared."


George Appleton

For Jackson it comes down to a simple point. The change in the law is because women have been killed, and currently are being killed at a rate of two per week by their partners or ex-partners: "If something like that keeps one of two women safer it's worth it. The reason this has come about is because women have been murdered. That's not a viable alternative."

But would women leave if they knew, and would they ask?

Karen Ingala Smith, chief executive of Nia, a service which aims to protect and help shelter women and children who have been victims of violence said she had "mixed feelings": "If professionals have an awareness that somebody's violent why would we want to withhold that from women who are entering a relationship with somebody who is violent.

"On the other hand we know that perpetrators work by isolating their victims, only 23% of victims go to the police. Often by the time women are aware somebody is violent the ties are already there," she told The Huffington Post UK.

Refuge have queried the resources Clare's law will use, but for Ingala Smith there is "never enough" cash to support victims of violence.

"We don't know that until we've tried it. Refuge are taking quite a simplistic position. I absolutely agree that police should respond to people's calls and take them seriously but if a woman is in a position where she is concerned, if she could get information that might help her make a decision, I don't think it's either-or."

Home office minister Lynne Featherstone said the point of the pilot was to see if it worked: “The figures are something like 25,000 known abusers with a history, and that can be gotten and used to an advantage, but that is what the pilot is for – to prove and understand whether the scheme works. After all, if people are working, we say you have to have a Criminal Records Bureau check, a CRB check for work, so it’s not a million miles to think that if there is a history that is inappropriate, that that might need to be available.”

Labour are also supporting the pilot, with shadow home secretary Yvette Cooper saying: "Victims of domestic violence or people who have concerns about the behaviour of their partner should have access to any information that could potentially save their life."


Michael Brown, the father of Clare Wood


Another person in favour is Clare Wood's father, Michael Brown, who has campaigned for the law change since his daughter's brutal murder. On Monday morning Brown said that if his daughter had known about her partner's violent past she would have "dropped him like a hot brick and scampered out of there." He told BBC Radio 4's Today programme that women deserved an opportunity to make an "educated decision."

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A government pilot scheme launched on Monday aims to prevent women from being trapped in abusive relationships by allowing them to find out about their partner's past. But while some have claimed the ...
A government pilot scheme launched on Monday aims to prevent women from being trapped in abusive relationships by allowing them to find out about their partner's past. But while some have claimed the ...
 
 
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05:29 on 06/03/2012
Can't you already get this info through private investigators?I guess it's one more privilage for the well to do.
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danrothesq
Unrestricted brilliance.
04:05 on 06/03/2012
This is a total outrage to label all men as potential abusers and allow women to get their records. The wussy men should now rise up and rebel against the UK government and kick them out for this terrible and overwhelming insult to all men. Kick these women out of government if this is what they are going to do. They are anti-men. Kick them all out.
00:40 on 06/03/2012
I always kept it simple. If he hits you once, he will hit you again. Get out of there now! Pay attention to the more subtle signs. If he is trying to isolate you, leave. Wants you to spend all your time with him? Leave. Pushed you when frustrated? Leave. Tells you that you are stupid, ugly, etc. Leave. Gets extremely jealous? Leave. These behaviors do not get better with time. You can apply the same to a woman, gentlemen. These are all signs of an unhealthy mind. Leave.
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vividrick
I came, I saw...I had a cup of tea!
02:17 on 06/03/2012
I think I'm inclined to agree! Whilst I sympathise with Clare's family immensly, I can't see how this law will improve things, it has all the hallmarks for people to succumb to even more deception, & subsequent abuse.
00:59 on 07/03/2012
The bottom line: Women need to be paying attention and take care of themselves. No law in the world is going to protect you if you don't take measures to protect yourself. If there is a problem now, chances are it isn't going to get better. That goes for men in abusive relationships, too.

Dan: You don't deserve a reply.
cdnman
Still a free spirit...
03:15 on 06/03/2012
Susan...well said faved/fanned
01:00 on 07/03/2012
Thank you!
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stevesheff
21:03 on 05/03/2012
As stated, CRB records are inadequate because so few cases are reported to the police. Even when they are, there can be problem bringing a prosecution because, almost invariably, only the two partners are present and, if each party blames the other for starting it, it might be difficult to prove guilt beyond reasonable doubt.
Sometimes, however, in these circumstances, the victim might take out an injunction (e.g. occupancy order; non-molestation order) which has a lower standard of proof and only requires the victim to prove that, 'on the balance of probabilities, their partner was responsible for violence and prohibits the violent partner from approaching them (and perhaps the children) or attempting to enter the family home. Taking out such an injunction is very quick whereas bringing a criminal prosecution can take months during which time the victim will probably feel vulnerable. Breach of these orders is a criminal offence.
If potential partners are given information about both civil court orders and criminal convictions, it would increase, perhaps only slightly, the chances of them finding out their past before it was too late.
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crumpets
20:19 on 05/03/2012
I feel a lot of sympathy for the family of the lady who was killed, but in all fairness this seems like another step towards an entirely biased and one sided society. Increasingly men are treated with the 'its your own fault' attitude, even when they are not to blame at all. In the name of real equality if this law goes through, it should be amended such that any man should be able to find out:

1. If he is the actual father of his child - for obvious reasons
2. How many STIs his partner has/has had - this affects his own health directly
3. How many previous abortions his partner has had - this affects their chances of conceiving
4. How many convictions she has had and for what - especially if for domestic issues

My point is that this law is ridiculous and another step on the path of misandry. It means that men are tarnished by their past indefinitely whilst they themselves are not entitled to any information that may allow them 'to drop their partner like a hot brick'. How is this kind of inequality in the law reasonable??
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danrothesq
Unrestricted brilliance.
04:10 on 06/03/2012
We men have been allowing this nonsense to go on too long. Time to rebel and boot these women out of government. They are vicious and rude.
18:10 on 05/03/2012
I'm just wondering why anyone thinks the police would care enough to help with this.
17:48 on 05/03/2012
never have any friends on your facebook page unless you have met them in person
17:14 on 05/03/2012
In the interests of equality Clare's Law and Sarah's Law should be made available to BOTH women and men. But I would go one step further and say that Father's should be allowed paternity tests if they wish without the need for the Mother's approval. If the Mother knows he is the Father then it will be proved and he will look a fool. But if he is not the Father well .......................

Clare's Law is just another sexist step made against men. This inequality has to stop, full stop. But who in power and with influence will make a move to equality.

Further what about the "Bandits" whether they are Sperm Bandits or Pension Bandits, their antics go completely unpunished leaving shattered men in their wake. Men who are dismissed as" they should have known" or "they deserved it". These remarks being just as sick as when applied to rape cases.

Let us hope that Clare's Law is challenged and modified to protect all members of society.
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danrothesq
Unrestricted brilliance.
04:12 on 06/03/2012
Its enough already. These women in government are running wild now. Kick them out NOW.
16:14 on 05/03/2012
I think the men should know too! It's completely sexist - how is it fair that only I should know my partners criminal history, and he not know mine? Women are just as capable of domestic abuse as men are!
17:16 on 05/03/2012
Thank you, I appreciate your words as do many men.
cdnman
Still a free spirit...
03:20 on 06/03/2012
X2
17:44 on 05/03/2012
Absolutely - just imagine how many women would respond if it was the other way around.
Many women want more equality so I say let's have equality!