Note – never would we have expected to be marking this anniversary in the midst of a pandemic like the one we are currently facing. We acknowledge – and sympathise with – the additional pressures that COVID-19 is putting on the police and the justice system in Scotland. Unfortunately, it is our job to point out that domestic abuse is not taking a break for this virus and that robust implementation of the new law is now more urgent and important than ever.
One year ago today Scotland began the task of implementing our world-leading piece of legislation on domestic abuse. For the women, children and young people we serve, the new law meant that Scotland’s legislation finally reflected what they’d been telling us for decades – that abuse is about control, fear and humiliation. Domestic abuse is experienced 24/7 as a pattern of controlling behaviours, sometimes including physical, and very often, sexual assaults. For as long as we have been doing this work, children and women have been telling us that it is this emotional, coercive abuse that cages them and traumatises them.
So, what has changed since April 1st 2019?
We have been really encouraged by the way that the Police and the Crown Office have embraced this new legislation. We are delighted that Scotland’s Sheriffs and Judges have all had training on the new law, as has much of the police force. We know it requires new ways of understanding abuse, new ways of gathering evidence and a whole lot of awareness raising on their parts. We also know that they want it to succeed and that they are trying to be robust and proactive in making sure that implementation is as effective as possible, so that the law does what it says on the tin for women and children experiencing domestic abuse.
However, while we have no doubt that this law has been embraced at a national level, we are convinced that successful implementation is still far off. We continue to hear mixed reports from our 36 local Women’s Aid services. In one area, we hear that a survivor’s recounting of her abuser’s coercive and controlling behaviour receives a sympathetic and swift response: newly trained police identify the evidence, report to the Crown Office the prosecutor reacts swiftly, the accused pleads guilty and the woman is over the moon because she has a 24-month non-harassment order for herself and her children. In a different area, the local Women’s Aid staff look at us blankly when asked what has changed – not much, and not for the better, is their answer.
This mixed picture is no surprise. Transforming Scotland’s criminal and civil justice systems was never going to be easy or quick.
Although we accept that proper functioning of the new law is a work in progress, some elements need attention sooner rather than later. We are worried about what appears to be minimal use of the child aggravation in application of the new law. The new law identifies children as potential victims and offers courts an aggravation that allows the judiciary to impose harsher sentences when children are involved. We are disappointed to note that relatively few courts have used this mechanism to sanction perpetrators. We continue to believe that domestic abuse is a parenting choice, and children are not just collateral damage that we acknowledge only when evidence that they have been harmed is easily identified. We are working with colleagues in the Crown Office on this issue, and one of our top priorities going forward is to ensure that this aspect of the law is being used to its full potential to benefit children.
Another ongoing priority for Scottish Women’s Aid is the problem of adequate legal services for women and children experiencing domestic abuse. For too many of these women and children, affordable, timely access to abuse-competent legal services is just a dream. We are currently gathering evidence from across Scotland to make the case for a different model – one which prioritises the needs of women and children who have experienced abuse and makes sure they get the legal help they need, when they need it. We’re in the early stages of this work just now, but we think it goes hand in hand with making sure this world-leading law does what it needs to for those experiencing domestic abuse.
We must also not lose sight of the fact that all of this work – on our part and from our colleagues across the justice system – comes against the backdrop of increasing reports of domestic abuse and increasing demand for Women’s Aid services. 84% of our groups are operating waiting lists for their vital services and our groups saw, on average, a 10% cut to their funding in 2018-19. We need to make sure that, while Scotland continues to champion our new legislation and continues to tell women that the law is on their side, we put our money where our mouth is and fund the life-saving services that support women, children and young people to deal with the abuse they have experienced. Sustainable, long-term funding is the key to this, and while we keep a close eye on implementation of the legislation we will also continue to call for our services to be appropriately funded to deal with the increased demand they’re facing as a result.
We’re in the early days yet when it comes to measuring the success of Scotland’s new domestic abuse law. We are hopeful that, when we look back in years to come, this really will have marked the turning point we all hoped for after decades of work and campaigning to see this law come to be. For now, our work continues to build a Scotland with no domestic abuse, where women, children and young people are free to enjoy all of their human rights.
Help and support is available for anyone experiencing domestic abuse. There are 36 local Women’s Aid groups across Scotland, providing support and information to women, children and young people. Contact information for all of our groups is available here, and they can still be contacted during the COVID-19 crisis. Scotland’s Domestic Abuse and Forced Marriage Helpline is also available 24/7 to support anyone with experience of abuse, or those concerned about someone else. Call 0800 027 1234, or email or web chat at www.sdafmh.org.uk.
