Domestic Abuse and SmartWater Forensic Spray: Helping victims rebuild their lives

New technology and a renewed commitment to the safety of women and girls has seen many women’s lives change, with many feeling safe enough to leave their homes and participate in everyday activities. For many years SmartWater has been used to mark and identify property by deterring thieves by being applied to high value items. The liquid, when dry is invisible to the naked eye, but it glows fluorescent yellow under ultraviolet lamps and torches which are used by the police. The forensic marker spray is now being used to help tackle attacks of domestic violence committed on women and girls.

The technology is currently being trailed by West Yorkshire police who have been successful in arresting perpetrators of domestic abuse. In a recent case, a perpetrator, who was sprayed with SmartWater by his victim, after breaching a Non-Molestation Order was arrested and jailed for 24 weeks and given a two-year restraining order against his victim.

A Non-Molestation Order is a restraining order that can protect you and any relevant child from violence intimidation harassment, coercive and financial controlling behaviours being committed against you directly, indirectly, through electronic means and a third person. You can make an application with supporting witness statement to the Family Courts and can grant you a Non-Molestation Order to prevent your abuser from continuing to be abusive.

What is SmartWater?

“SmartWater is made up of a combination of rare elements that would never be found naturally anywhere else in the world. Every bottle has a different amount of those particles within it and each batch is unique, meaning we can tell categorically which batch of liquid is found” – Racheal Oakley, the director of SmartWater’s intelligence unit.

Recognising Domestic Abuse:

Domestic abuse can encompass a wide range of behaviours to include not only physical use of violence. The government has defined what amounts to Domestic Violence, enshrined in the Domestic Abuse Act 2021, going beyond physical acts of violence. The aim of the Act is the prevention of Domestic Abuse and the protection of all victims.

Definition of controlling and coercive behaviour:

Behaviour is abusive consisting of:

1. Physical or sexual abuse
2. Controlling or coercive behaviour
3. Violent or threats of violence
4. Psychological or emotional harm
5. Economic abuse

It does not matter whether the behaviour consists of a single incident or a historical course of conduct.

How does SmartWater help Domestic Violence Victims?

The substance stays on skin for up to six weeks and on clothing for much longer and categorically links the perpetrator to the specific batch of water that was sprayed. There are now approximately 200 women across England who have the forensic deterrent packages in their homes. The packages include a hand-held canister for spraying, a gel for door handles and gates and an automatic trap that sprays the liquid if someone approaches the house.

Most of the victims using the technology have told the police that they feel safer and are now able to rebuild their lives.

Helping the police:

With a string of recent high-profile murders of women and girls, there has been renewed energy in the efforts to keep women safer, raising important questions for the police. In December 2021, a new policy framework set out plans to remodel the police response to female victims of violence.  In the report, Chief Constable Maggie Blyth states a need to “improve the trust and confidence woman and girls have in policing”. Police say that domestic abuse can often be difficult to prosecute because many crimes occur in private without witnesses. SmartWater can trace someone back to a location and links the perpetrator to the specific batch of water that was sprayed.

Speak to our Family Law experts

For more information on the types of injunctive applications that can be made to the Court speak to our specialist Family lawyers on 01895 207882 or email Sonal Parekh on: sonal.parekh@ibblaw.co.uk.