The Blind Spot in Domestic Abuse Law: Tech Abuse in the Shadows

The rise of technology has brought unprecedented convenience, connectivity, and access to information. However, it also created a new frontier for abuse that the law struggles to keep pace with. A recent hearing before the Lords select committee highlighted a glaring omission in the Domestic Abuse Act 2021: its failure to explicitly acknowledge the dangers of technology-facilitated abuse.

Tech abuse encompasses a wide range of behaviors, including location tracking, hidden stalkerware, spyware, surveillance via smart home devices, and controlling someone’s access to food or basic necessities. It is not just a peripheral issue but an increasingly common and insidious form of coercion that can have devastating effects on its victims.

According to Jen Reed, head of policy at University College London’s Gender and Tech Research Lab, tech abuse is “just as devastating” as physical abuse. The cases she has seen are nothing short of horrific – from stalkerware installed on people’s phones to tracking devices sewn into children’s clothes during visitation orders. These incidents are symptoms of a larger problem.

The Domestic Abuse Act 2021 created a statutory definition of domestic abuse that, while comprehensive, has a notable blind spot when it comes to tech abuse. This omission creates a gray area – one that can leave victims without access to necessary protections and support.

Kaspersky’s recent report on tech abuse found that 45% of respondents had experienced it in the past 12 months. Tech abuse is no longer an online safety issue but a core aspect of domestic abuse, yet frontline services still treat it as such. This normalization – especially among young people who are increasingly accustomed to being tracked and monitored – contributes to the problem.

A UK-wide poll by Refuge found that young people were less likely to spot the signs of abuse than other age groups. However, a study by the Youth Endowment Fund revealed a disturbing trend: 19% of teenagers surveyed said their partners had tracked their phone, while 14% reported having their location tracked. These statistics are a warning sign that we need to take seriously.

The failure to recognize tech abuse as a central aspect of domestic abuse has severe consequences. It perpetuates the normalization of coercive control and creates a culture where victims are shamed for speaking out. By failing to acknowledge this issue, we risk perpetuating the very problem we’re trying to solve.

Reform is needed – not just in our laws but in how we approach domestic abuse as a society. We must recognize that tech abuse is not an isolated phenomenon but a symptom of a broader cultural shift towards surveillance and control. By acknowledging its impact, we can begin to address it head-on and provide the necessary support to victims.

The question now is what comes next. Will policymakers take heed of this warning sign and revise the Domestic Abuse Act to include tech abuse in its statutory definition? Or will we continue to treat this issue as an afterthought – leaving victims without access to the protections they need?

It’s clear that the law has failed to keep pace with the changing landscape of domestic abuse. It’s time for us to acknowledge the elephant in the room and take concrete steps towards addressing tech abuse for what it is – a pressing concern that demands our attention.