Ministers consult on scope of domestic abuse offence

What to include as criminal conduct in the proposed specific offence of domestic abuse is the subject of a consultation by Scottish ministers, launched today.

The Government is committed to introducing dedicated legislation that would not only capture types of conduct that are already criminal, but also other forms of psychological abuse and control which cannot usually be prosecuted under the existing criminal law.

A previous consultation revealed broad support for a new law, but a range of views on how any specific offence should be constructed. The new consultation will assist in considering how a specific offence should be framed.

The proposed offence would cover abusive behaviour which is likely to cause the victim to suffer physical or psychological harm – an approach that respondents are also asked to comment on. Examples given of conduct that may be covered that is not currently criminal include:

• deprivation of liberty/autonomy;
• isolating an individual from friends, family and wider society;
• withholding or controlling access to resources, including money;
• psychological control and manipulation;
• threats and creation of a climate of fear, including threats towards children; and
• controlling or withholding access to health care, education or employment opportunities.

Justice Secretary Michael Matheson commented: “While we already have laws in place to protect against abusive acts that are clearly defined as criminal, it is crucial we strengthen our legislation to take into account more subtle, but equally damaging, forms of abuse which are difficult to prosecute within the existing legal framework.

“The launch of today’s consultation is a really significant leap forward in tackling the scourge of domestic abuse in our communities. It will expand criminal law in Scotland and make us world-leading in our response to this most heinous of crimes, protecting those who are some of the most vulnerable in society.

“I am pleased that the general consensus on having an offence has already been reached. However I am also clear that the right approach is to listen to opinions of those right across the country to develop an offence that best fits the needs of those whom it will help.

“I’d encourage as many people as possible to share their views on this to develop law that is robust, fit-for-purpose, and provides another vital step forward in tackling domestic abuse across Scotland.”

Click here to view the consultation. Responses are due by 26 March 2016.