Extended domestic abuse law better for victims: report
Scotland’s reformed domestic abuse legislation is a better match for victims’ experiences, new research has found.
The Domestic Abuse (Scotland) Act 2018, which recognises that a pattern of behaviour can constitute abuse, more closely matches victims’ accounts of psychological and physical harm over time, according to three small scale research studies from Glasgow Caledonian University, the University of Edinburgh and the Scottish Government. The findings are published as the report of the first three years of operation of the Act, required by s 14.
Responses from 69 domestic abuse victims and witnesses also found that most women felt that engaging with the criminal justice system on domestic abuse was "the right decision" to take.
However, respondents also said improvements could be made to how such cases are handled to provide victims with a greater voice in proceedings and better support through the process. Court processes could also be quicker and more efficient, and better training provided for justice professionals.
Ministers are planning further action to ensure that women and children are better served by Scotland’s justice system. A Criminal Justice Reform Bill to be introduced this year will take forward recommendations from Lady Dorrian’s review on improving the management of sexual offence cases, among other measures.
One of the report authors, Claire Houghton from the University of Edinburgh, commented: “It is reassuring that victims and witnesses welcomed the expanded scope of the domestic abuse law.
"However, our study found that it has yet to reach its potential – adult and child victims and witnesses are still experiencing trauma and delays within the justice system and perpetrators are not adequately held to account for the harm to the whole family.
“We look forward to working with our justice partners, alongside victims and witnesses of domestic abuse, to improve people’s experiences of the system and support the vital work of specialist agencies.”
Thanking those who agreed to take part in the research, Justice Secretary Keith Brown added: “We are already making significant improvements and it is very encouraging that this report found our new laws have better reflected victims’ experiences.
“Given that domestic abuse is an underreported and often hidden crime, it is also very positive that women who suffered such crimes reported that their engagement with the justice system was the right thing to do.”
- A parallel report, on a smaller number of male victims, finds more negative experiences, who felt the system assumed them to be the perpetrators, and that their experiences of abuse were disbelieved or minimised. Most expressed distrust of the police and other statutory and support agencies.