Call to give abused women legal right to use weapons

WOMEN must get the same rights as homeowners confronting dangerous burglars to defend themselves against an abusive partner, says the victims’ commissioner.

Dame Vera Baird, QC, is urging Priti Patel, the Home Secretary, to change the law to give victims of domestic abuse the right to use disproportionate force against a violent partner – a defence accorded to homeowners when protecting themselves against a burglar.

She said women are more likely to have to resort to using a weapon when defending themselves against an abusive and powerful man, but sentencing guidelines mean this is more likely to result in a more serious charge and longer jail term.

Dame Vera cited the case of Sally Challen, 66, who was jailed for 15 years for murdering her controlling and abusive husband, Richard, with a hammer.

She was freed after her conviction was quashed and prosecutors accepted her manslaughter plea.

By contrast, Anthony Williams, 70, was last month jailed for five years for manslaughter at Swansea Crown Court after strangling his wife, Ruth. “Sally Challen used a hammer on her husband whereas Anthony Williams strangled his wife without needing to use an actual weapon. This doesn’t seem to be taken on board but the difference in sentences here is epic,” she said.

The law for a person defending their home against a burglar was changed in 2012 by then Justice Secretary Chris Grayling to allow “disproportionate” force. It followed a series of cases including Norfolk farmer Tony Martin who shot dead an intruder. He was jailed for life for murder but appealed and had the verdict reduced to manslaughter, serving three years in jail.

Dame Vera said victims of domestic abuse should now have the same protection under the Domestic Abuse Bill or through a Police Bill due this month.

“There is insufficient acknowledgement in current law or sentencing of the common imbalance in strength between perpetrator and victim.

“Use of a weapon is far more likely to be a necessity if it is in response to an imminent attack by a greatly stronger and aggressive perpetrator, yet this is not recognised. There is a serious question too over self-defence. Currently, the law allows someone to use disproportionate force in defending their property whilst a domestic abuse victim may only lawfully use strictly proportionate force to protect themselves against an attack and if they go a step too far, they may be convicted of murder. This is obviously wrong,” she said.

Research by the Centre for Women’s Justice found in three-quarters of 71 cases where women killed their partners, there was evidence of abuse. Also, women were unlikely to be acquitted for self-defence. Of 92 cases analysed, 43 per cent were convicted of murder; 46 per cent found guilty of manslaughter and just 7 per cent were acquitted.