Extended domestic abuse offence comes into force

Scotland's new domestic abuse law, criminalising psychological domestic abuse and coercive and controlling behaviour, has come into force today. 

The Domestic Abuse (Scotland) Act 2018 is also the only UK legislation with a specific sentencing aggravation to reflect the harm that can be caused to children growing up in an environment where domestic abuse takes place.

The Act also requires courts to consider imposing a non-harassment order on an offender convicted of a domestic abuse offence to protect their victim from further abuse, and makes a number of other reforms to criminal procedure to protect victims.

A public awareness campaign to increase understanding of the wide ranging nature of domestic abuse, and to encourage victims of abuse to seek help, has been launched by the Scotish Government.

Cases of controlling behaviour that the Act now penalises include leaving the victim without money, preventing them going out on their own or dictating who they can meet or speak to.

Roshni, a survivor who left an abusive marriage with support from Hemat Gryffe Women’s Aid in Glasgow, described her situation: “At first the marriage was so good, but after a few months I realised there was something wrong. He didn’t give me any money, so I always had to stay at home, I felt so isolated. He was always pushing me and abusing me in front of my family and friends.

“This was a really bad situation for me. I wanted to live with respect as a person. If you feel like you are in my situation being controlled or abused by your partner, seek help, it’s your life.”

All Police Scotland officers and support staff have been trained in the new law.

Justice Secretary Humza Yousaf commented: “The Domestic Abuse Act makes absolutely clear that coercive and controlling behaviour is domestic abuse and a crime. I am proud Scotland is leading the way with this groundbreaking legislation, which uniquely recognises the effect of domestic abuse on child victims as well as adults.

“Last week I visited Glasgow East Women’s Aid and met survivors of this appalling crime. They described how a frightening and systematic pattern of psychological abuse had robbed them of their sense of self, the ability to make their own decisions, and isolated them from family and friends.

“No-one should be forced to live like that and I hope our powerful new public awareness campaign will encourage victims to recognise their own circumstances and to seek support with the confidence that the law is behind them.”

Assistant Chief Constable Gillian MacDonald, Crime and Protection lead for Police Scotland, added: “This new offence is groundbreaking. For the first time it will allow us to investigate and report the full circumstances of an abusive relationship. We will be able to include evidence of coercive and controlling behaviours where it forms a pattern of abuse, often carried out alongside other insidious behaviours, including physical and sexual abuse.

"In preparation for the change in law our officers and staff have received further training on the dynamics of power and control in abusive relationships to help recognise the signs, identify investigative opportunities and to tackle the myths and misconceptions of abuse that still exist."