ISSUES
: Domestic Violence
Chapter 2: Tackling domestic abuse
27
Domestic violence legislation in
England and Wales: timeline
From curfews on wife beating to the creation of the first refuge: the
landmark moments in the ongoing struggle to end domestic abuse.
1857 – Rule of Thumb
A judge reportedly states that a
man may beat his wife so long
as he uses “a rod not thicker
than his thumb”. Many people
consider this to be common law
throughout the 19th century.
1860 – Law of Coverture
At the point of marriage, a
husband
became
legally
responsible for the actions of
both his wife and children. This
meant he was entitled to use
physical or verbal abuse to
control their behaviour.
1870 – Married Women’s
Property Act
Before 1870, when a woman
married,
her
property
automatically
became
her
husband’s. After this act, any
money she earned or inherited
while married stayed hers.
1895 – Curfew on wife
beating
This city of London byelaw made
hitting your wife between the
hours of 10pm and 7am illegal –
because the noise was keeping
people awake.
1923 – Matrimonial Causes
Act
This act marked a big change in
divorce law. Before, a wife had
to prove her husband had been
unfaithful and show evidence of
other faults. After 1923, adultery
could be a sole reason for divorce
for women as well as men.
1956 – Sexual Offences Act
This was the first time rape
was defined under specific
criteria, such as incest, sex
with a girl under 16, no consent,
use of drugs, anal sex and
impersonation.
1971 – First safe house
The charity Refuge opens the
first safe house in Chiswick, west
London, for women and children
fleeing domestic abuse.
1976 – Domestic
Violence and Matrimonial
Proceedings Act
This was the first legislation
dedicated
to
combating
domestic violence. It gave
survivors
new
rights
by
offering civil protection orders
(injunctions) for those at risk of
abuse.
1977 – Housing Act
(Homeless Persons) 1977
Women and children at risk of
violence were acknowledged
as homeless. This meant they
gained the right to state-funded
temporary accommodation.
1991 – Marital rape
criminalised
Before 1991 it was a husband’s
legal right to rape his wife –
marriage implied consent for
sexual intercourse. This was
the first time a woman had legal
protection from marital rape.
2003 – Inter-ministerial
group on domestic violence
is established
This group received crucial
evidence on the scale of
domestic violence and use of
refuges. Women’s Aid (a charity
dedicated to ending domestic
violence) played a significant
role in providing testimony.
2004 – Domestic Violence,
Crime and Victims Act
This made common assault an
arrestable offence. This meant
that police could arrest a suspect
immediately, rather than leaving
them with someone vulnerable
while they applied for a warrant.
2010 – Government strategy
is set out to end violence
against women and girls
The strategy developed a 2011
plan which included financial
commitments to support rape
crisis centres and specialist
training for health workers in the
treatment of survivors.
2014 – Clare’s Law
A law is implemented across
England and Wales giving people
the right to ask police about a
partner’s history of domestic
abuse.
The above information is
reprinted with kind permission
from
The Guardian
. Please
visit
for
further information.
© 2016 Guardian News and
Media Limited
