Justice Isn’t Blind - She Just Looks Away: How the Legal System Fails Victims of Gender-Based Violence and Domestic Abuse
Picture Lady Justice, a well-known symbol of the judicial system. You might imagine her blindfolded, with a set of scales and a sword in her hand. She is meant to stand for the law being fair and impartial, and promises justice for all. Whilst this idea is inspiring, it is important to remember that such a perfect system remains a ‘fantasy’. When victims of domestic abuse and gender-based violence engage with the law, that blindfold begins to slip.
Recent legal reforms are promising, as they suggest the system aims to better protect victims. Yet many victims remain disappointed because of low conviction rates and delays with court proceedings. They also find themselves caught in a process which reflects the trauma they have already experienced. The Domestic Abuse Act 2021 was celebrated as landmark legislation, but does it truly deliver justice for victims?
What Are the Current Laws?
The Domestic Abuse Act 2021 altered how the law defines and responds to claims of abuse. For the first time, it provided a comprehensive statutory definition of “domestic abuse”. In Section 1 of the act, behaviour is “abusive” if it consists of either: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse or psychological, emotional or other abuse. This marked a landmark shift in recognising that abuse is not just limited to physical harm, showing progress in the law’s understanding of gender-based violence.
The act also introduced Domestic Abuse Protection Orders (DAPOs). These orders contain various protections to the victims such as prohibiting an abuser from contacting or approaching victims or ordering the offender to attend behaviour change programmes. However, it is important to note that these orders are currently only being piloted in some parts of England and Wales and have yet to be rolled out nationwide. The act also created the role of the Domestic Abuse Commissioner, who encourages the prevention of domestic abuse and seeks to improve support services for victims.
Initially, these changes seemed like a meaningful step towards justice for victims of domestic abuse, by attempting to create a system which promotes the protection of victims and ensures they receive justice.
What Happens in Reality and Why Do Victims Feel Helpless?
Despite these changes, many survivors of domestic abuse and other forms of sexual violence continue to face issues in being believed in the criminal justice system. A survey conducted by the Victims’ Commissioner in 2024 revealed persistently low levels of confidence in the justice system: 42% of victims believed they could obtain justice, 46% expressed confidence in the system’s effectiveness, and just 51% in its fairness.
Although the law appears to protect victims’ rights, many are left feeling helpless once their case is brought before the courts. In March 2025 there were 54,987 prosecutions for gender-based violence, of which 41,070 resulted in convictions. These statistics highlight that there is still more to be done. It is also important to note that only a small proportion of domestic abuse cases ever reach prosecution, contributing to concerns about accountability.
Since the Domestic Abuse Act 2021 was introduced, the proportion of prosecutions resulting in conviction has also fallen slightly from 75.8% to 74.7%. The change is small and because the act is still relatively recent, it may be too early to fully judge its effectiveness. However, the fact that conviction rates have not improved suggests that despite this landmark reform, the justice system continues to face challenges in securing accountability for perpetrators.
The 2024 report by the Victims’ Commissioner observed that “a system in place to deliver justice – instead left victims feeling traumatised and distressed”. Many victims, particularly women, feel disappointed with the way they are treated by the justice system, as the outcomes often fail to reflect the seriousness of the harm they suffer.
The failures extend beyond the courts; the way laws are implemented also needs to change. The police play a crucial role as the first point of contact for victims. They must actively seek to ensure the safety of victims by protecting them from “abusive behaviour”. Sadly, this does not always occur and their failure to act can have devastating effects.
A BBC News article presented the story of “Sarah”, a woman who was choked by her boyfriend. This could have easily been prevented, as the police knew about his violent past. The law provides what should be an easy solution. If someone believes their partner may have had an abusive past, they are able to send an information request to the police under the Domestic Violence Disclosure Scheme (DVDS). This is more commonly known as Clare’s law. Sarah did this, as her boyfriend was increasingly exhibiting violent behaviour, and she wanted to know if he had any prior violent incidents.
The guidance requires the police to respond within 28 days but in Sarah’s case, they took 5 months. This delay undermined the purpose of Clare’s law, which the Home Office states is “to ensure individuals have quicker access to the information they may need to protect themselves". The slow response of the police led to Sarah’s life being at risk, illustrating significant concerns about the safety of victims of domestic abuse.
Why Do These Failures Keep Happening?
At the heart of these systemic failures are deep-rooted gender biases like myths about domestic abuse. One recurring myth is ‘if it was that bad, she’d leave’, which makes victims feel that their claims will be dismissed due to questions about their credibility.
People often fail to understand that leaving an abusive partner can be difficult. It is not that a woman experiencing violence does not want to leave, but rather that the nature of the abusive relationship can make escaping feel dangerous and impossible.
Victims often have a lack of financial independence due to perpetrators controlling money in a way which limits their access to it. Such coercive control deprives women of the means they need for independence, making it harder for them to escape. This is a clear barrier to leaving and must be addressed. The UK charity ‘Surviving Economic Abuse’ seeks to raise awareness of such financial abuse and offers guidance, so that victims can feel confident should they wish to leave.
It is crucial such women are provided with support and understanding, not judgement. Victims often worry about not being believed and this deters them from reporting abuse. This bias is a barrier to them achieving justice and this must be overcome so that the system becomes truly impartial.
Systemic and Procedural Issues
Even when victims are brave enough to share their stories, the system tends to leave them feeling frustrated. They face long wait times which can be disheartening and retraumatise them as the legal process is prolonged.
On average, adult rape cases take 393 days to progress through the courts. This delay is especially concerning for victims in domestic abuse cases, as 54.7% of rape victims are assaulted by a partner or ex-partner.
Despite reforms promising stronger protection, the stark reality is that thousands of sexual violence cases are still waiting to go to court. As of late 2025, there were over 11,981 sexual offence cases waiting to be heard in the Crown Court, a record high as the number increased by 41% in two years.
Whilst these figures cover sexual offences generally, it is highly relevant to domestic abuse survivors. Many experience sexual violence alongside physical and emotional abuse. The backlog emphasises the systemic delays survivors face in seeking justice. The need for faster, effective responses is evident if the Domestic Abuse Act 2021 is to achieve its core purpose.
Limited resources also means that specialist support for victims is not readily available. Instead, they are left navigating a long system alone and evidence shows this causes additional trauma and distress.
How Can the System Be Reformed?
It is crucial that the flaws within the system are recognised and recent years have seen attempts to reform both the law and its implementation. For such reform to be meaningful, it must align with three goals: ensure victims are protected effectively, treat survivors with dignity and respect, and ensure that the law maintains its impartiality.
The Domestic Abuse Act 2021 itself was certainly a landmark reform. Yet, the Domestic Abuse Commissioner (currently Dame Nicole Jacobs) has recognised gaps within it. She suggests there is a need for a stronger focus on prevention of crimes, early intervention by police and a co-ordinated community response.
Currently, there is proposed legislation on the matter going through Parliament called the Victims and Courts Bill. The broad aim of this bill is to ensure community services obtain the funding they need to support victims who face marginalisation and barriers to accessing help. The bill (as of the 27 March 2026) is currently sitting with the House of Lords for further scrutiny.
Another important reform is ensuring the police are specially trained. The Metropolitan Police has implemented a Violence Against Women and Girls (VAWG) action plan to best protect victims of gender-based violence. Within this, they provide training to highlight and challenge misogynistic behaviour and equip officers with the skills needed to respond effectively to claims of abuse. Since police are often the first point of contact for victims; empathetic and rapid responses are crucial to ensuring they feel treated fairly by the system.
Change Can Start Locally
Reform does not have to relate to changing legislation, it can also be achieved through local initiatives which make the system more accessible for victims. At the Queen Mary Legal Advice Centre (QMLAC), our Domestic Abuse Form-Filling Clinic runs in collaboration with RCJ Advice and their award-winning CourtNav system, providing victims with the support they need to navigate the system of gaining a non-molestation or occupation order. We help to ensure that victims’ voices are heard and that they can gain access to the services they need.
Conclusion
Reforms focused on improving the judicial system are promising and show an attempt to support victims who have suffered trauma. Justice will only be achieved once gender bias is confronted, victims’ voices are heard, and a more inclusive system is created.
If you or someone you know is experiencing domestic abuse, please know you do not have to face it alone. Reach out for confidential support via the links below for access to the support you need.
By Vinaya Kerai, Student Blog Writer at QMLAC and LLB Law Student.
This blog is for information only and does not constitute legal advice on any matter. While we always aim to ensure that information is correct at the date of posting, the legal position can change, and the blogs will not ordinarily be updated to reflect any subsequent relevant changes. Anyone seeking legal advice on the subject matter should contact a specialist legal representative.
Resources
https://www.courtnav.org.uk/apply-for-an-injunction/get-help-with-your-application
https://womensaid.org.uk/information-support/
https://www.nationaldahelpline.org.uk/
https://refuge.org.uk/i-need-help-now/how-we-can-help-you/national-domestic-abuse-helpline/
https://www.victimsupport.org.uk/crime-info/types-crime/domestic-abuse/