Abusive Behaviour and Sexual Harm Bill published
The Scottish Government bill intended to improve access to justice for survivors of domestic abuse and enact a specific offence to tackle "revenge porn" has been introduced to Holyrood.
The Abusive Behaviour and Sexual Harm Bill adds to the powers for police, prosecutors and courts to take action against perpetrators of domestic abuse, harassment and sexual offences, including an aggravation of domestic abuse to be taken into account on sentencing.
Judges will be required to give juries specific directions in sexual offence cases, designed to improve juries’ understanding of sexual violence and domestic abuse. These will cover, in appropriate cases, explaining that there may be good reasons why a victim did not report, or delayed in reporting, a sexual offence and this does not indicate that an allegation is false; and similarly that there may be good reasons why a person might not resist a sexual offender.
A new offence will be also created of sharing private intimate images without consent, to tackle the spread of "revenge porn", committed by one partner after a relationship has ended.
The scheme of protective civil orders will be reformed to comprise sexual harm prevention orders, for convicted offenders or persons found unfit for trial, and sexual risk orders, for persons who have "done an act of a sexual nature" as a result of which it is necessary to protect the public or particular individuals. Both orders may include prohibitions on foreign travel.
Further provisions will enable child sexual offences committed in England & Wales by Scottish residents to be prosecuted in Scotland.
Cabinet Secretary for Justice, Michael Matheson, said: “I am proud of the bold and unapologetic approach we’re taking to tackle these crimes in Scotland and this bill sends out a strong message that domestic violence will simply not be tolerated.
“These proposals will improve the way the justice system responds to abusive behaviour, holding perpetrators to account for their actions and improving public safety. It will also remove some of the current barriers to justice by improving understanding of domestic abuse and sexual harm, something we know is lacking in the current system."
Lord Advocate Frank Muholland QC commented: "I welcome the publication of this bill, particularly the measures to deal with the sharing of intimate images without consent. This crime is a form of insidious abuse designed to inflict humiliation and suffering on its victims who are predominately women."
He added: "I believe it is currently underreported and I hope the new bill will help reassure those who are affected that law enforcement will treat victims with sensitivity and ensure that those who commit this cowardly crime will face the full force of the law.”