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Domestic Abuse Prosecutions Are Falling Despite Record Reports: Why the Justice System Is Failing Victims

News · January 18, 2025 · Daily Junction Editorial Team · 9 min

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Police recorded 912,000 domestic abuse incidents in 2024, but only 54,000 resulted in prosecution—a charge rate of just 5.9%. Victims are withdrawing from cases due to lack of support, court delays, and fear of perpetrators.

Police in England and Wales recorded 912,000 domestic abuse incidents in 2024, an 8% increase from 2023 and the highest number on record. Yet only 54,000 cases resulted in a prosecution—a charge rate of just 5.9%, down from 7.8% in 2019, according to Crown Prosecution Service data. The gap between reports and prosecutions is widening, with victims withdrawing from cases due to lack of support, court delays averaging 18 months, and fear of perpetrators who continue to threaten them during the criminal justice process. The Domestic Abuse Act 2021 introduced new protections and a legal definition of domestic abuse, but underfunding and court backlogs have limited its impact. Here is everything you need to know about why domestic abuse prosecutions are falling, what victims face when they report, and what needs to change to make the justice system work.

The Scale of the Problem

Domestic abuse is defined as any incident of controlling, coercive, or threatening behaviour, violence, or abuse between people aged 16 or over who are or have been intimate partners or family members. It includes:

• Physical abuse: Hitting, punching, kicking, strangling, or using weapons.
• Sexual abuse: Rape, sexual assault, or coercion into sexual acts.
• Emotional abuse: Insults, humiliation, isolation from friends and family, or threats.
• Coercive control: Controlling what the victim wears, where they go, who they see, or how they spend money.
• Economic abuse: Controlling finances, preventing the victim from working, or running up debts in their name.

The latest Office for National Statistics (ONS) data shows:

• 912,000 domestic abuse incidents recorded by police in year ending September 2024
• 2.4 million adults (1.7 million women, 700,000 men) experienced domestic abuse in the past year, according to the Crime Survey for England and Wales
• Only 30% of victims report to police, meaning the recorded incidents represent a fraction of the true scale
• 54,000 prosecutions in 2024, down from 70,000 in 2019
• Charge rate of 5.9%, down from 7.8% in 2019

The decline in prosecutions is particularly stark given the increase in reports, suggesting the criminal justice system is becoming less effective at holding perpetrators to account.

Why Prosecutions Are Falling

The fall in prosecutions is driven by several interconnected failures:

1. Victim Withdrawal

50% of domestic abuse cases collapse because the victim withdraws their statement or refuses to give evidence, according to CPS data. Reasons include:

• Fear of the perpetrator: In many cases, the perpetrator continues to live with or near the victim, and threatens or intimidates them to drop the case. Bail conditions are often breached, and enforcement is weak.
• Emotional and financial dependence: Many victims are financially dependent on the perpetrator or still have feelings for them, making it difficult to follow through with prosecution.
• Lack of support: Victims often receive little support during the court process—no counselling, no safe accommodation, and minimal contact from police or prosecutors. Without support, the trauma of reliving the abuse in court becomes unbearable.
• Retaliation fears: Victims fear that if the perpetrator is convicted and imprisoned, they will face retaliation when released. This fear is justified—research shows domestic abuse often escalates after a victim reports to police.

2. Court Delays

The average time from report to trial in domestic abuse cases is 18 months, according to HM Courts & Tribunals Service data. During this time:

• Victims are left in limbo: They do not know when the trial will happen, whether they will have to give evidence, or what the outcome will be. This prolonged uncertainty is traumatic.
• Perpetrators continue abuse: Many perpetrators breach bail conditions or use family courts (e.g., child contact proceedings) to continue controlling and abusing the victim.
• Victims lose confidence: The longer the delay, the more likely victims are to withdraw. Many feel the system has abandoned them.

3. Poor Police Response

Despite improvements in training, police response to domestic abuse remains inconsistent:

• Cases not investigated properly: Victims report that police fail to gather evidence (e.g., photographs of injuries, witness statements, CCTV), making it harder to prosecute without the victim's testimony.
• Victim-blaming attitudes: Some officers still exhibit victim-blaming attitudes, asking why the victim did not leave or suggesting they are wasting police time.
• Failure to arrest: In some cases, police do not arrest the perpetrator at the scene, leaving the victim at risk of further abuse.

4. CPS Charging Decisions

The Crown Prosecution Service (CPS) has become more risk-averse, only charging cases it believes have a high chance of conviction. This is partly due to:

• Pressure to improve conviction rates: The CPS is judged on conviction rates, creating an incentive to drop difficult cases.
• Reliance on victim testimony: Domestic abuse cases often rely heavily on the victim's testimony, with little independent evidence. If the CPS believes the victim will withdraw, it may decide not to charge.
• Lack of specialist prosecutors: Not all CPS areas have specialist domestic abuse prosecutors, meaning cases are handled by generalists who may not understand the dynamics of domestic abuse.

5. Underfunded Support Services

Support services for domestic abuse victims have been decimated by funding cuts:

• Refuge spaces: There are only 38 refuge spaces per 100,000 women in England, well below the Council of Europe recommendation of 50. On any given day, refuges turn away 60% of women seeking help due to lack of space.
• Independent Domestic Violence Advisors (IDVAs): IDVAs provide specialist support to high-risk victims, but there are only 3,000 IDVAs in England and Wales, serving 912,000 reported incidents—a ratio of 1 IDVA per 304 cases.
• Counselling and therapy: Waiting lists for trauma counselling can be 12-18 months, meaning victims receive no therapeutic support during the court process.

The Impact on Victims

The failure to prosecute domestic abuse has devastating consequences for victims:

1. Continued Abuse

When perpetrators are not held to account, they continue to abuse:

• Escalation: Research shows domestic abuse often escalates after a victim reports to police, particularly if no action is taken. Perpetrators feel emboldened and seek revenge.
• Repeat victimisation: The average victim experiences 50 incidents before getting effective help, according to Women's Aid. Each failed prosecution reinforces the perpetrator's belief they can act with impunity.

2. Loss of Trust in the Justice System

Victims who report to police and see no action lose trust in the system:

• Less likely to report again: Victims who have had a bad experience with police or courts are less likely to report future abuse, leaving them trapped in abusive relationships.
• Isolation: The failure of the justice system reinforces the perpetrator's narrative that no one will help the victim, increasing their isolation and dependence.

3. Mental Health Impact

The trauma of domestic abuse is compounded by the trauma of the criminal justice process:

• PTSD, anxiety, depression: Victims experience high rates of mental health problems, which are worsened by the stress of court proceedings and the lack of support.
• Suicide: Domestic abuse victims are at high risk of suicide, particularly when they feel the justice system has failed them.

What the Domestic Abuse Act 2021 Changed

The Domestic Abuse Act 2021 was the most significant reform of domestic abuse law in a generation. Key provisions include:

1. Legal Definition of Domestic Abuse

The Act introduced the first statutory definition of domestic abuse, including:

• Coercive control: Controlling or coercive behaviour that has a serious effect on the victim.
• Economic abuse: Controlling the victim's finances or preventing them from working.
• Children as victims: Children who see, hear, or experience the effects of domestic abuse are recognised as victims in their own right.

2. Domestic Abuse Commissioner

The Act created the role of Domestic Abuse Commissioner, an independent office to monitor the response to domestic abuse and hold agencies to account. The first Commissioner, Nicole Jacobs, was appointed in 2019 and has published reports highlighting failures in the justice system, but has limited enforcement powers.

3. Ban on Cross-Examination by Abusers

The Act banned perpetrators from cross-examining their victims in family courts (e.g., child contact proceedings). Previously, abusers could question their victims directly, which was traumatic and used as a form of continued abuse.

4. Duty to Provide Refuge Accommodation

The Act placed a duty on local councils to provide accommodation and support for domestic abuse victims and their children in refuges. However, funding has not kept pace with demand, and many councils have failed to meet the duty.

5. Domestic Abuse Protection Orders

The Act introduced Domestic Abuse Protection Orders (DAPOs), which can impose conditions on perpetrators (e.g., banning them from contacting the victim, requiring them to attend a behaviour change programme). DAPOs have not yet been rolled out nationally due to lack of funding and court capacity.

What Needs to Change

Victims' groups and criminal justice experts have called for:

1. Specialist Domestic Abuse Courts

Specialist courts with trained judges, prosecutors, and support workers have been shown to increase conviction rates and reduce victim withdrawal. They provide:

• Faster hearings: Cases are heard within 6 months instead of 18.
• Better support: Victims have access to IDVAs, counselling, and safe waiting areas.
• Trauma-informed practice: Judges and lawyers are trained in the dynamics of domestic abuse and how to question victims sensitively.

Specialist courts exist in some areas (e.g., London, Manchester) but have not been rolled out nationally due to lack of funding.

2. Evidence-Led Prosecutions