Domestic abuse laws better reflect victims’ experience, study finds

Prosecutors are “determined” to boost the confidence of victims, the Lord Advocate has said, as new research examined the impact of Scotland’s “innovative” domestic abuse laws.

The three small-scale studies found the Domestic Abuse (Scotland) Act 2018, which came into force in 2019, better reflects victims’ experiences by recognising abuse as a pattern of behaviour.

The legislation created a new statutory offence of engaging in a course of behaviour which is abusive of a partner or ex-partner, and reflects that abuse can take place over a sustained period of time and can involve both physical violence and psychological and emotional abuse.

The studies were carried out by researchers at Glasgow Caledonian University, the University of Edinburgh and the Scottish Government.

Analysis of responses from the 69 domestic abuse victims and witnesses questioned found 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 in how such cases are handled to provide victims with a greater voice in proceedings and better support through the process.

Lord Advocate Dorothy Bain KC said: “I note the interim research finds that this leading piece of legislation is better capturing the lived experience of victims.

“This is a particularly significant finding, given the limitations on our work imposed by the pandemic.

“The Crown Office and Procurator Fiscal Service (COPFS) is committed to the rigorous and fair prosecution of domestic abuse, and to supporting victims and witnesses through the prosecution process.

“We are determined to increase the confidence of victims in the criminal justice system and welcome their feedback.”

The Lord Advocate said that COPFS will listen and respond where areas of improvement have been suggested.

In February last year the Scottish Government published the Vision for Justice, which set out that urgent action is required to ensure women and children are better served by Scotland’s justice system.

Action already taken includes establishing a victim-centred approach fund, awarding £48 million to provide practical and emotional support to victims, and funding the Caledonian System, a programme which seeks to change the behaviour of domestically abusive men.

Justice Secretary Keith Brown said: “I know it takes incredible courage for those who suffer domestic abuse to come forward and I am grateful to everyone who took part in this research.

“We are committed to putting victims at the heart of Scotland’s justice system and the purpose of this work is to use their experiences to make improvements for all.

“I am absolutely resolute that we must treat all domestic abuse victims appropriately and with compassion – the vast majority of whom are women.

“We are already making significant improvements and it is very encouraging that this report found our new laws have better reflected victims’ experiences.”

Latest figures show that between April 2019, when the Act came into force, and the end of March 2021 there were a total of 672 domestic abuse proceedings, of which 595 resulted in convictions.

Police Scotland Assistant Chief Constable Bex Smith said the legislation represented a “significant step change” in how Scotland’s criminal justice system deals with the full range of abusive behaviour.

She said: “Every instance of domestic abuse is unique and we seek to tailor our response to the needs of the victims, including children who often witness abuse.

“We know we don’t always get it right but we are listening and we recognise how crucial hearing the experience of victims is in helping us improve our response and deliver a service that meets their needs.”