The Domestic Abuse Act 2021, a landmark piece of legislation designed to offer greater protection to victims, has been criticised for failing to fully recognise the dangers posed by technology-facilitated abuse. A Lords select committee heard that digital forms of control and harassment, such as location tracking and hidden stalkerware, have become increasingly common within domestic abuse contexts, yet are not adequately addressed by the current law.
Jen Reed, Head of Policy at a leading support organisation, articulated to peers that tech-facilitated abuse is now “very commonplace” and a significant component of domestic abuse. Her testimony underscored a critical gap in the existing legal framework, which came into force last year. The Act broadened the definition of domestic abuse to include economic abuse and controlling or coercive behaviour, but critics argue it did not go far enough to encompass the digital dimension of such harm.
The implications of this oversight are substantial for victims. Without explicit recognition in the law, prosecuting perpetrators for technology-based abuse can be more challenging, and victims may struggle to access appropriate support or legal remedies tailored to these specific threats. The nature of tech abuse often involves subtle, insidious forms of control that can be difficult to detect and prove, creating a pervasive sense of fear and surveillance for those targeted.
Campaigners and policy advisers are now advocating for amendments or updated guidance to the Domestic Abuse Act to ensure that technology-facilitated abuse is explicitly covered. This would involve a clearer legal definition of such behaviours, improved training for police and legal professionals, and enhanced support services for victims experiencing digital forms of abuse. Such changes would reflect the evolving landscape of domestic abuse, where technology can be weaponised to extend control and harassment beyond physical proximity.
The government has previously stated its commitment to tackling all forms of domestic abuse and has invested in various initiatives to support victims. However, the testimony to the Lords committee suggests that further legislative refinement is necessary to keep pace with the methods used by perpetrators. The Ministry of Justice would likely be responsible for reviewing any proposed changes to the Act, considering the complexities of digital evidence and the need for a robust legal framework.