Changing the legal landscape for abuse victims

News

Following a series of ground-breaking private prosecutions, Anthony Metzer QC and Adam Gersch (instructed by Gary Lesin-Davis at W Legal) have helped clarify the scope of prosecutions for controlling and coercive behaviour.

Controlling or Coercive Behaviour in an Intimate Family Relationship is an offence contrary to section 76 of the Serious Crime Act 2015, which came into force on 1 October 2018. It can include acts designed to make persons subordinate and/or dependent by isolating them from sources of support, exploiting their resources or depriving them of their independence and regulating their everyday behaviour. The maximum penalty is 5 years’ imprisonment.

Jewish law and practice mandates that unless a “get” (Jewish divorce) is provided, a woman married in accordance with religious law is unable to remarry. Accordingly, if a civil divorce is obtained but a husband refuses to co-operate by providing the religious divorce, the woman is left ‘chained’ in an intimate relationship of marriage to her estranged husband and unable to lead an independent single life in the religious community.

In a landmark case S v D (2019), Anthony Metzer QC led Adam Gersch in the prosecution of a 22-year-old man at Harrow Crown Court for allegations of abuse including his refusal to provide a get. A criminal trial was averted when he finally consented to the religious divorce avoiding the threat of a substantial prison sentence.

In a similar private prosecution, Anthony Metzer QC and Adam Gersch successfully pursued a case against Alan Alti Moher at Southwark Crown Court, securing his guilty plea. On 1st April 2022, the defendant received a sentence of 18 months’ immediate imprisonment and became the first defendant in the UK to receive a custodial sentence for conduct including get refusal.

On 25th April 2022, a private prosecution against John Abayahoudayan for abusive conduct including get refusal was terminated when the get was finally provided. The defence initially sought to dismiss the charge on the basis that religious marriage without cohabitation did not constitute an ‘intimate relationship’. HHJ Cole QC, sitting at Harrow Crown Court observed that had the case proceeded to the dismissal hearing, he would almost certainly have ruled in favour of the prosecution and the defendant would have faced trial; the Judge stated that is was “very sad” that the defendant’s conduct had necessitated criminal proceedings to be brought against him but observed that he had no doubt that this was a proper case to bring. As in the previous cases, the Judge ordered that prosecution costs be paid from central funds.

Anthony Metzer QC and Adam Gersch assisted with draft legal guidance to the Domestic Abuse Act 2021 which for the first time defines withholding a get as a potential form of domestic abuse. In May 2022, they were invited to the inaugural meeting of a newly formed All-Parliamentary Group on GetRefusal (APGG) comprising MPs and peers across the political spectrum and have worked with the Domestic Abuse Commissioner and London Victim’s Commissioner to help inform future cases.

Baroness Altmann said “It has been a real pleasure to work with Anthony Metzer QC and Adam Gersch. Their legal expertise, concern for their clients’ wellbeing and creative ability to identify opportunities to use the law of the land to improve protection for Jewish women has resulted in a series of successful private prosecution cases involving abusive Get refusal. We have worked together to clarify and better define the legal framework for such cases and offer more support for the victims. I hope and believe this will make a significant positive difference to the lives of many Jewish women in future.”

Lord Mendelsohn added “Goldsmith Chambers, and in particular Anthony Metzer QC and Adam Gersch have been pioneers in the prosecution of Get refusal cases.  They have provided advice and support to the legislative process during the passage of the Domestic Abuse Act through parliament and in drafting submissions to the Home Office to be included in the Statutory Guidance to the Act which is awaiting publication. This work is laying the foundation for the protection and support of observant Jewish women subject to serious domestic abuse and coercive and controlling behaviour, suffering caused by get refusal and is challenging the acceptance of get refusal as a mechanism for extortion and leverage in religious divorce proceedings.”

Links to press reports

https://www.thejc.com/news/news/coercive-control-prosecution-new-and-powerful-weapon-for-women-denied-gets-1.495457

https://www.thejc.com/news/news/sadistic’-man-who-‘tormented’-wife-is-first-in-england-to-be-jailed-over-get-refusal-1WkHeCtIkaXV3m9cDcSYQT

https://www.bbc.co.uk/news/uk-england-manchester-60957813

https://www.theguardian.com/uk-news/2022/apr/01/salford-alan-moher-jailed-refusing-wife-caroline-get-jewish-religious-divorce

https://www.dailymail.co.uk/news/article-10676265/Jewish-property-millionaire-jailed-18-months-refusing-grant-wife-religious-divorce.html

https://www.mirror.co.uk/news/uk-news/husband-jailed-failing-grant-wife-26613556

https://www.thejc.com/news/news/woman-receives-get-after-more-than-20-years-on-eve-of-court-hearing-1TLlTUjv3ErZEvP0MwmiyI

https://www.thejc.com/news/news/mps-and-peers-launch-parliamentary-group-on-get-refusal-2uXozdqWfdSpmyuiYz7JRt

https://www.jewishnews.co.uk/parliamentarians-launch-all-party-group-to-tackle-get-refusale/


Related barristers: Adam Gersch, Anthony Metzer KC


 

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