Make Post Separation Abuse a standalone offence in England and Wales

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The Issue

Having survived domestic abuse, Stalking, Harassment and constant breaches of non-molestation orders during post separation, I now stand as the founder and CEO of a survivor-led charity kaleidoscopic UK, I have witnessed first-hand the devastating impacts that post separation abuse inflicts on both children and adults, which is why we started the annual Post Separation Abuse Awareness Week in 2023 and gained feedback and data.

 The reality is stark — placing post separation abuse solely under the existing coercive and controlling behaviour laws is not enough and continues the never ending cycle, the majority that took part stated they had been victim blamed for the PSA as well as suffering at least 5 years of PSA.

Current legislation does not sufficiently address or protect the unique and ongoing abuses that occur after a relationship has ended. We call on the UK Government to create a specific standalone criminal offence of Post-Separation Abuse, recognising it as a distinct and ongoing form of domestic abuse.

For many survivors, leaving an abuser is not the end of the abuse, it is often the beginning of its most relentless and  evidenced dangerous phase. Perpetrators continue to exert power and control through stalking, harassment, legal abuse, financial abuse, online abuse, intimidation, threats, manipulation of children, false allegations, and the misuse of family court proceedings.

Although some of these behaviours may fall under existing legislation, including coercive and controlling behaviour offences, the current law is not enough nor is the protection!

Post-separation abuse is a unique pattern of offending that presents different challenges for victims, police, prosecutors and the courts. Once a relationship has ended, perpetrators adapt their methods of control, exploiting children, finances, digital technology and legal systems to mention a few, to continue their abuse. These behaviours are frequently viewed as isolated incidents rather than recognised as part of a sustained campaign of coercion, control and imminent danger as evidenced in the 8 stages to homicide by Jane Monkton Smith.

As a result, survivors are repeatedly expected to report each incident separately, often reliving their trauma while facing inconsistent responses and limited legal protection. Many perpetrators avoid meaningful accountability because the law does not adequately recognise the ongoing pattern of abuse after separation.

A standalone offence would provide greater clarity for police, prosecutors and the courts, ensuring that post-separation abuse is identified for what it is: a deliberate and persistent pattern of behaviour intended to maintain power, control and fear after a relationship has ended.

The consequences of failing to recognise post-separation abuse are devastating. Many survivors report that the abuse they experience after leaving is even more psychologically damaging than the abuse during the relationship itself. Some are forced into years of litigation, financial hardship, stalking, smear campaigns, harassment and intimidation.

Tragically, some survivors return to abusers because it feels easier—or even safer—than enduring relentless post-separation abuse with little protection and few consequences for the perpetrator. When the justice system cannot effectively stop the abuse after separation, victims feel they have no realistic way to escape it. No survivor should ever feel that returning to an abuser is the safest option because the law has failed to protect them.

A standalone offence would:

Recognise post-separation abuse as a distinct and identifiable pattern of domestic abuse.

Improve police understanding, investigation and prosecution of ongoing abuse.

Prevent perpetrators from exploiting gaps between existing offences.

Strengthen protection for children who are frequently used as instruments of coercion.

Address the misuse of the family and civil justice systems as a means of continuing abuse.

Increase accountability for perpetrators whose abuse continues long after the relationship has ended.

Encourage earlier intervention before abuse escalates into serious violence or homicide.

Give survivors greater confidence that the justice system recognises and understands the reality of life after escaping an abuser.

Studies by organisations such as Women's Aid highlight that abuse does not stop at the end of a relationship. In fact, many abusers escalate their behaviour during this period, utilizing shared parental responsibilities as a tool for continued harassment. According to the Office for National Statistics, approximately 1.6 million women and 757,000 men suffered from domestic abuse in the year ending March 2019 in England and Wales. A significant proportion of these cases involve post separation abuse, further underscoring the need for specific legal recognition and resources focused on this issue.

Research and the lived experiences of thousands of survivors show that separation is one of the most dangerous periods in an abusive relationship. In the UK, on average, a woman is killed by a current or former partner every three days. Many of these killings occur during or after separation, when perpetrators lose direct control and escalate their abusive behaviour.

"Reports of post-separation abuse to the National Domestic Abuse Helpline represent around 40% of callers according to Refuge" who took part in our Channel 5 news piece last year.

Implementing this change will send a powerful message to both survivors and abusers. For survivors, it affirms that the law acknowledges and supports their ongoing struggles. For abusers, it signals that exploiting legal and parental systems to maintain control is unequivocally unacceptable.

Join us in demanding this crucial change to protect the rights and well-being of survivors. Your signature could be the pivotal force needed to drive legislative reform. Let us stand together to champion this cause and safeguard the future of many who are suffering in silence. Please sign this petition today and be part of the change we all wish to see.

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