The Challenge of Prosecuting Honour-Based Abuse: Evidential and Cultural Barriers in UK Law

The Challenge of Prosecuting Honour-Based Abuse: Evidential and Cultural Barriers in UK Law

Unlike isolated incidents of violence, honour-based abuse operates as a mechanism of control, often used to enforce perceived expectations surrounding gender, family reputation, and marriage. The concept of “honour” may be invoked to justify the restriction of an individual’s autonomy when their behaviour is perceived to conflict with socially or culturally constructed expectations. As a result, victims may experience violence, coercion, or threats not simply due to a single action, but because their choices are perceived as damaging to family reputation.

Understanding honour-based abuse requires recognising the internal issues, including the intersection between cultural identity, gendered expectations, familial structures, migration experiences, and individual autonomy. Axiomatically, such abuse cannot be explained through one single factor, as these interconnected influences can exert considerable pressure over individuals within a community. In terms of external factors that allow this dehumanising and patriarchal practice to persist, cultural relativism has been criticised where excessive consideration of cultural differences may create hesitation among authorities to intervene and educators to speak on this form of violence. This highlights a crucial gap within policing, where early indicators of honour-based violence may not always receive the level of scrutiny, safeguarding, or surveillance needed in time.

The UK’s Legal Response

The UK legal framework recognises that abuse is not limited to physical violence, but can also occur through various patterns of control, intimidation, and psychological harm. Under section 1 of the Domestic Abuse Act 2021, domestic abuse is defined as behaviour that may include physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse. This broader definition is significant in regards to honour-based abuse cases, where control over relationships, marriage, movement, and personal choices may occur before acts of physical violence.

Furthermore, section 76 of the Serious Crime Act 2015 created the criminal offence of controlling or coercive behaviour within intimate or family relationships. The offence applies where behaviour is repeated or continuous, has a serious effect on the victim, and the perpetrator knows or ought to know the impact of their actions. This recognises that abuse can operate through sustained domination and restriction rather than isolated incidents of violence.

In relation to forced marriage, the Forced Marriage (Civil Protection) Act 2007 introduced Forced Marriage Protection Orders under section 63A of the Family Law Act 1996. These orders allow courts to protect individuals who are at risk of being forced into marriage, often by preventing someone from leaving the UK or who have already been forced into one, by imposing protective requirements on those involved.

However, despite these legal protections, the private nature of familial abuse and internalised fears of violence placed upon victims can prevent early disclosure. Therefore, the central challenge is not only creating legal protections, but ensuring warning signs are recognised before patterns of coercion escalate into serious harm.

Samia Shahid: Marriage, Autonomy and Family Honour

The case of Samia Shahid demonstrates the conflict between individual autonomy to make one’s own life decisions and perceived family expectations. Born in Bradford, Samia was described by friends as someone who valued her independence, enjoyed fashion, driving, and spending time with those close to her.

In 2012, at the age of 25, Samia entered an arranged marriage with her cousin, Shakeel. However, her friends described that she was unhappy with the marriage from the beginning and struggled with the expectations placed upon her. Her decision to divorce and later marry Mukhtar Kazim, whom she loved, exacerbated relationships with her family, where her life would lead to be sacrificed at the altar of family honour.

In July 2016, after travelling to Pakistan following emotional pressure from family members, Samia was found dead. Her death was investigated as an alleged honour killing, with police later charging her ex-husband, Shakeel, and initially her father in relation to her death. Her case demonstrates the potential dangers faced by individuals who challenge expectations surrounding marriage and family reputation, and how even when separated from the family home, there will always be a grasp of control over one’s life and how often their honour is affiliated with a woman’s behaviour.

Shafilea Ahmed: When Control Escalates Into Violence

The case of Shafilea Ahmed further demonstrates the devastating consequences of honour-based control. Shafilea, born in the UK, was described as intelligent, compassionate, and ambitious, with aspirations of becoming a barrister.

However, her teenage years were marked by increasing restrictions. Shafilea experienced pressure regarding her choice of clothing, friendships, and future marriage. She was expected to conform to strict expectations surrounding family reputation and was frequently punished for what her family perceived as a westernised lifestyle, viewing her choices as a departure and open disrespect to their traditional expectations.

She was later suffocated by her parents with a plastic carrier bag in 2003, who were then convicted of her killing in 2012, therefore taking 9 more years to attain justice for her name. During sentencing, the judge stated that the killing was not an honour killing but murder, emphasising that there was no honour in taking a life.

Shafilea’s case demonstrates the difficulties authorities can face when abuse occurs behind closed doors. It raises questions regarding safeguarding, early intervention, and whether signs of coercive control are always recognised before violence occurs.

Conclusion

Overall, honour-based abuse reveals the ongoing conflict between familial expectations and the protection of individual autonomy within the UK legal system. Although there is no standalone offence of honour-based violence, existing laws provide important protections through areas such as domestic abuse, coercive control, and forced marriage. However, the cases examined demonstrate the continued need for early intervention where perceived honour threatens fundamental rights.