Scottish Government

Domestic Abuse Against Men in Scotland

CHAPTER TWO - DOMESTIC ABUSE AGAINST MEN RECORDED BY THE SCOTTISH POLICE

Introduction

In both the UK and the US an alternative source of information about domestic abuse is increasingly available in the form of statistical bulletins that collate police incident data. This data is typically derived from:

• What members of the public tell control room telephone operators when they make 999 calls, and;
• The paperwork returned by police officers after they have visited the scenes of domestic abuse incidents.

Some academics (Hope et al., 2001; Sherman et al., 1989; Warner & Pierce, 1993) believe that the increase in the number of households containing a telephone, together with the growth of centralised police patrol dispatch systems, renders this 'call data' a fairly reliable indicator of the temporal and spatial distribution of crime and disorder. Unlike official crime statistics and the statistics produced through crime victimisation surveys, police call data is collected continuously, based as it is, on the public's requests for help 24 hours a day, 365 days of the year.

However, as noted in Chapter One, some research suggests that certain groups - like male victims of domestic abuse - are less likely to call the police than others. Likewise, other commentators (Cook, 1997; Stitt & Macklin, 1995) argue that men's victimisation is not taken seriously by the police, and that making malicious accusations against men is one aspect of the abuse some female partners perpetrate. Of course, other research has demonstrated that some female perpetrators of violence are treated unduly harshly by the criminal justice system (Ammons, 2001; Lees, 1997; Worrall, 1990), the social circumstances in which women offend often being oversimplified in the evidence presented to sentencers. In short, statistics based on the police records regarding reports of domestic abuse do not 'speak for themselves'. Meaningful sense of these statistics can only be made when carefully cross-referenced with other sources of data about the same phenomenon.

The Scottish Police Database

The information the police receive about incidents of domestic abuse is of considerable use to policy-makers, senior police officers, and those various agencies to which the police are accountable. It is also of potential use to police officers themselves, for example, when they have to attend addresses where domestic abuse has been previously reported, arrests have recently been made, interdicts apply, or additional protection has been requested. Consequently, the Report of HM Inspectorate of Constabulary (1997) Hitting Home recommended standardising the collation of data about the domestic abuse incidents Scottish Police attend. The report urged:

1 That the standard definition of domestic violence to be developed by The Scottish Office in consultation with forces include the sub-categories of: crimes of personal violence (non-sexual and sexual); other crimes (such as breach of the peace, threats, and vandalism); and abuse which does not amount to crime; and that the definition be adopted by all forces as soon as it is agreed.

2 That all forces record domestic incidents so that they can be reviewed individually and in total, using the sub-categories referred to in recommendation 1.

This second recommendation was implemented in Scotland by requiring all officers who visit domestic abuse incidents to complete paperwork returns. The implementation of these recommendations made possible the publication of two successive statistical bulletins documenting "Domestic Abuse Recorded by the Police" (Scottish Executive 2000, 2001). The current ACPOS definition reads ¹⁶:

Domestic abuse is any form of physical, non-physical, or sexual abuse which takes place within the context of a close relationship, committed either in the home or elsewhere. This relationship will be between partners (married, co-habiting or otherwise) or ex-partners. (Scottish Executive, 2001: 1)

Uses and Limitations of the Data

The Scottish Executive's statistical bulletins document the types of domestic abuse incidents reported to the police, the sex and ages of victims, the sex and ages of perpetrators, the extent of repeat victimisation, the locations of incidents, the relationships between victims and perpetrators, and the actions taken by the police. Between April and December 1999, the police returned details on 26,000 ¹⁷ incidents of domestic abuse. During the same nine-month period in 2000 this figure rose by three per cent to 26,729 incidents. Throughout the whole of 2000, the police returned details on 36,000 ¹⁸ incidents of domestic abuse.

However, it is important to recognise that these statistics cannot be taken to reflect the actual nature and extent of domestic abuse in Scotland. The police can only record those incidents of domestic abuse that come to their attention. As discussed in the next chapter, the Scottish Crime Survey 2000 shows that the vast majority of domestic abuse incidents are not reported to the police. The way in which the police classify and respond to incidents of domestic abuse depends considerably on the evidence available to them at the scene, and/or the willingness of victims to make a formal complaint. However, the nature of policing requires individual officers to exercise discretion in the classification of those incidents they attend, since this classification sends a message to the perpetrator about the gravity of the offence, as well as the legal and criminal ramifications of that perpetrator's past and future actions (Goodall & McKay, 1998).

The following sections of this chapter use the datasets upon which the Statistical Bulletins are based to examine differences, at both regional and national levels, in:

• The proportions of male victims encountered by the Scottish Police relative to the number of female victims;
• The proportions of male victims abused by male partners relative to the proportions abused by female partners;
• The proportions of ex- and current partners amongst those who perpetrate abuse against male and female victims;
• The proportions of incidents that constitute crimes for the various victim groupings, and;
• The types of action taken by the police in incidents involving the various victim groupings.

Rates of Domestic Abuse Recorded by the Scottish Police

The overall Scottish incidence of reported domestic abuse rose from 529 per 100,000 in 1999 to 712 per 100,000 in 2000. Some forces appear to have encountered more incidents of domestic abuse relative to the size of the population they are responsible for ¹⁹, although as argued below, much of the discrepancy may be due to different recording practices regarding the classification of incidents in which no crime was said to have been committed.

Sex of Victims and Perpetrators

The vast majority of incidents reported to the Scottish Police are recorded as incidents involving male perpetrators abusing female victims ²⁰. As Table 2.1 reveals, the police data suggest that there was little change in the ratios of male to female victims and perpetrators in the last two years in question.

Table 2.1: Incidents of domestic abuse in terms of the sex of the victim and perpetrator

In short, the number of male victims that came to the attention of the police remained between seven and eight per cent of the total number of incidents during 1999 and 2000. Ninety-four per cent of the time when men were victims, the perpetrator was female. In the remaining six per cent of cases when men were victims of domestic abuse the perpetrator was a male partner.

Yet, despite this consistency in the aggregate figures for both years, some forces witnessed changes in the proportions of male and female victims they encountered between 1999 and 2000.

Table 2.2: Incidents of domestic abuse involving male victims by Scottish Police area

Both Dumfries and Galloway and Tayside appear to have witnessed pronounced increases in the proportions of male victims encountered by the police. The reverse trend appears to have occurred in Fife.

Male victims and the sex of their assailants by police area

The proportion of incidents of abuse against men that were perpetrated by women was close to the 94 per cent mean in most police regions in Scotland in both 1999 and 2000. In two forces (Fife and Northern) 99 to 100 per cent of the perpetrators of domestic abuse against men were female. In other forces the proportion of female perpetrators against men was slightly below the overall mean. In Tayside the police reported that in 1999 over one in 11 (nine per cent) of all domestic abuse calls against men involved a male perpetrator. In Grampian the rate was higher still (12 per cent in 1999, 11 per cent in 2000). In 1999 Lothian and Borders police also encountered a comparatively high rate of male assailants (13 per cent), which then decreased (to seven per cent) in 2000.

The distribution of ages for victim and perpetrator

Although female victims tended to be slightly younger than male victims, the modal frequencies for the ages of male and female victims were in the range 31 to 40 years, across both 1999 and 2000.

Figure 2.1: The age distribution of male and female victims recorded by the police

The mean age of female victims in 2000 was 34 years, compared to 38 years for male victims. The distribution of ages for male and female perpetrators of domestic abuse is very similar to the age distribution for male and female victims.

Relationship between victim and perpetrator

Male victims were significantly ²¹ more likely to be abused by a current partner than were female victims. In 30 per cent of incidents involving female victims the perpetrator was an ex-spouse or ex-partner. In 28 per cent of incidents involving male victims the perpetrator was an ex-spouse or ex-partner ²².

Previous experiences of domestic abuse for male and female victims

Because the data for 1999 is incomplete in important sections, our analysis of the data regarding the number of previous experiences of domestic abuse encountered by victims relies exclusively on the data for 2000 ²³. The majority (65 per cent) of incidents the police attended involved victims with no previous recorded experiences of domestic abuse ²⁴. This was especially the case for male victims. The police had no record of previous experiences of domestic abuse for 77 per cent of male victims compared with 63 per cent of female victims ²⁵. Male victims were less likely than female victims to have experienced previous abuse. For example, 19 per cent of male victims compared to 28 per cent of female victims were recorded as having experienced between one and three previous incidents of domestic abuse. Male victims were also less likely than female victims to have had four or more previous incidents come to the police's attention (four per cent of male victims compared with nine per cent of female victims).

Male victims of male perpetrators were significantly more likely than male victims of female perpetrators to have experienced at least one previous incident of domestic abuse ²⁶. Thirty-three per cent of male victims of male perpetrators compared to 23 per cent of male victims of female perpetrators were recorded as having experienced one or more previous incidents of domestic abuse. Furthermore, seven per cent of male victims of male perpetrators, compared to four per cent of male victims of female perpetrators were recorded as having experienced four or more previous incidents of abuse.

In short, women appear to be more likely to be known to the police as repeat victims of domestic abuse. Men who have had male partners appear to be more likely to be known to the police as repeat victims than men who have had female partners.

Classification of Incidents as 'not crimes or offences'

After an incident of domestic abuse is reported to the police, the officers who attend have to decide whether or not the incident constitutes an offence, a crime ²⁷, or neither of these. In 2000, the Scottish Police classified 63 per cent of incidents involving male victims as neither crimes nor offences. The comparative figure for female victims was 56 per cent. This disparity represents a statistically significant difference ²⁸. As Figure 2.2 illustrates there appear to be some variations by force in terms of the practice of 'no criming' ²⁹. Some police forces rarely record incidents as crimes or offences when no further action is taken, whereas other police forces always record incidents as crimes or offences, irrespective of whether they plan to take action against the perpetrators ³⁰. Not only do such disparities in recording practice affect the proportion of incidents that lead to the recording of a crime or offence (which in 2000 ranges from 23 per cent in Central to 94 per cent in Dumfries and Galloway), but they also influence the proportion of recorded crimes and offences that are subsequently referred to the Procurator Fiscal.

Figure 2.2: Incidents of domestic abuse 'no crimed' in Scotland by gender of victim and police force area

For example, Grampian and Dumfries and Galloway 'no crime' a minority of incidents (26 per cent and six per cent respectively), whereas the other six forces in Scotland record the majority of incidents as neither crimes nor offences ³¹. Nevertheless, police forces that generally 'no crime' incidents do so at similar rates for male and female victims. For example, Dumfries and Galloway classify most incidents of domestic abuse as either crimes or offences, irrespective of whether the victim is male or female.

Incidents involving male victims are 'no crimed' at slightly higher rates than incidents involving female victims in five police forces (Northern, Tayside, Central, Strathclyde and Grampian); these differences are statistically significant in three forces (Northern ³², Tayside ³³ and Strathclyde ³⁴). Three forces (Dumfries & Galloway, Fife and Lothian & Borders) 'no crime' incidents involving male victims at slightly lower rates than incidents involving female victims. However, these differences are small and do not reach a level of statistical significance. In short, incidents involving male victims are 'no crimed' at a slightly higher rate than incidents involving female victims in Scotland. These differences, although slight and variable between forces, appear to be independent of particular forces' policies on the criminalisation of domestic abuse.

Types of Crimes and Offences

In 1999, 21 per cent of all domestic abuse incidents were classified as petty assaults. In 2000 this figure remained stable at 19 per cent of all incidents. In both 1999 and 2000, 18 per cent of all domestic abuse incidents were treated as breaches of the peace. The proportion of domestic abuse incidents that were recorded as serious offences also remained stable (five and seven per cent for 1999 and 2000 respectively). Where a crime was recorded it was most likely to be vandalism (three per cent in 2000, 1.6 per cent in 1999) or non-sexual violence (two per cent in 2000, 1.5 per cent in 1999). As Figures 2.3 and 2.4 indicate, slightly different patterns of offences and crimes were recorded for male victims and female victims across both years. For example, male victims were less likely than female victims to report crimes of indecency, but were more likely to report non-sexual crimes of violence. Nevertheless, four out of every five offences or crimes committed against men and women were petty assaults or breaches of the peace.

Figures 2.3 and 2.4: Types of crimes committed against male and female victims

Police Action

Some police forces consistently referred almost all identified perpetrators of domestic abuse to the Procurator Fiscal during 1999 and 2000, e.g. Central (92 per cent in 1999 and 97 per cent in 2000), Fife (85 per cent in 1999 and 98 per cent in 2000), Northern (94 per cent in both 1999 and 2000), Strathclyde (95 per cent in 1999 and 98 per cent in 2000) and Tayside (83 per cent in 1999 and 93 per cent in 2000). Other forces had lower rates of referral to the Procurator Fiscal, e.g. Dumfries and Galloway (30 per cent in 1999 and 28 per cent in 2000), Grampian (28 per cent in 1999 and 26 per cent in 2000) and Lothian and Borders (58 per cent in 1999 and 67 per cent in 2000). As Figure 2.5 (below) illustrates, Dumfries and Galloway, Grampian, and Lothian and Borders all made greater use of 'police warnings' in 2000 than the other five forces. This greater use of 'police warnings' may help explain why Dumfries and Galloway, Grampian, and Lothian and Borders referred proportionally fewer identified perpetrators to the Procurator Fiscal despite identifying a greater proportion of incidents as crimes.

Figure 2.5: Action taken by the police by police force area in 2000

When crimes of domestic abuse were committed against male victims in 2000, the police were significantly less likely to refer the case to the Procurator Fiscal than when the victim was female ³⁵. The police referred 67 per cent of cases involving female perpetrators of abuse against male victims to the Procurator Fiscal compared with 74 per cent of cases involving male perpetrators against female victims ³⁶. When the victim was male, the police were almost twice as likely to issue a warning to the assailant ³⁷.

Table 2.3³⁸: The rates of police action by the sexes of the victim/perpetrator

As Table 2.3 indicates, the police take 'no further action' or 'other action' ³⁹ more often in incidents involving same-sex couples. This accounts for the relatively low percentage of referrals to the Procurator Fiscal in 2000 for incidents in which male victims are abused by male partners. When we dichotomised the above groups of victims and perpetrators into same-sex and opposite-sex couples, there was a statistically significant difference in the nature of the police action taken. The police were more likely to have taken 'no further action' and 'other actions' for the same-sex couples than they were for the opposite-sex couples ⁴⁰.

Why are incidents against male victims less likely to be referred to the Procurator Fiscal?

Although incidents against male victims were less likely to be categorised as crimes and less likely to be referred to the Procurator Fiscal, this seemingly lesser 'criminalisation' of those who perpetrate abuse against men is not necessarily a consequence of 'police bias' in favour of women. The lesser criminalisation of offences against men may be a consequence of both sex differences in victims' willingness to make an official complaint and/or sex differences in the context and nature of the abuse encountered. In Scotland, police decisions about whether or not to refer to the Procurator Fiscal are heavily circumscribed by the availability of corroborating evidence, and concomitantly, the complainer being willing to make an official complaint (Goodall & McKay, 1998).

Whether or not male victims were more or less willing than female victims in 2000 to make official complaints is impossible to tell from this dataset. Similarly, whilst there is some evidence to suggest that male victims experience the various types of domestic abuse at different rates to female victims (Figures 2.3 & 2.4, p19), it is impossible to know whether the abuse experienced by male and female victims is different in both its severity and conspicuousness. However, there is some evidence to suggest that corroborating evidence was more likely to be available in cases involving female victims.

When the Scottish Police encounter incidents in which an ex-partner is present in the complainant's home it is likely to be clear whether or not the ex-partner is unlawfully intruding and/or breaching the peace. Moreover, complainants might be more willing to make official complaints if they are no longer in a relationship with the accused ⁴¹. Hence, one of the reasons why male perpetrators against female victims were more likely to be arrested and referred to the Procurator Fiscal than female perpetrators against male victims is probably attributable to the slightly greater proportion of ex-partners amongst the male perpetrator population. In 2000, the police were significantly more likely to deem incidents of abuse against women 'crimes' if the perpetrator was an ex-partner (as opposed to a current spouse or cohabitee) ⁴². Similarly, in incidents where ex-partners perpetrated domestic abuse against male victims, the police were significantly more likely to refer the case to the Procurator Fiscal than when the incident involved a current spouse or cohabitee ⁴³. Female perpetrators who were ex-partners were thus more likely to have had their behaviour deemed criminal ⁴⁴ and referred to the Procurator Fiscal ⁴⁵ than female perpetrators who were either married or co-habiting with their (male) victims.

In short, the smaller proportion of ex-partners amongst the population of perpetrators who abuse men is part of the explanation as to why incidents involving male victims have been less likely to be deemed criminal by the police, and have resulted in fewer referrals to the Procurator Fiscal.

Summary

The Scottish Police statistics present a fairly 'orthodox' picture of men and women's involvement in domestic abuse incidents. The vast majority of incidents involve male perpetrators abusing female victims. The Scottish Police encounter many more repeat female victims than repeat male victims, and many more female victims of ex-partners than male victims of ex-partners. Police responses to male victims have to be understood, at least in part, in terms of the different contexts in which domestic abuse takes place, i.e. in same-sex and opposite-sex relationships, between partners and ex-partners, and between partners with no previous histories of abuse and those already known to them.

Although the police statistics suggest that male victims of male perpetrators come to the police's attention more frequently as repeat victims (than male victims of female partners) it is unclear whether this is evidence of a greater prevalence (or seriousness) of repeat victimisation amongst male same-sex couples, differential reporting rates, or a greater willingness amongst the police to record repeated incidents of abuse between male partners.

Similarly, variations between forces may reflect either real geographical differences in rates of abuse, different reporting patterns for different sub-sections of the population, or variations in recording practices. However, sudden changes in the rates of incidents against male victims and the proportion of male victims victimised by male partners suggest that these differences are to some extent driven by police policy and/or recording practices.

The statistics suggest a complex picture of police action. When men were victims the police seem to have been less likely to deem as crimes the actions of female perpetrators, relative to the other couple groupings. When men were perpetrators the police appear to have been more likely to deem the incident a crime or an offence than when women were perpetrators. It is impossible to tell from this dataset the extent to which police action was mediated by the severity of the incidents, perpetrators' responses to the police at the scene, and/or the victims' wishes. Nevertheless, the statistics do lend support to the hypothesis that the greater criminalisation of incidents perpetrated by men (and lesser criminalisation of incidents perpetrated against men) owes much to the slightly greater concentration of ex-partners in the population of male perpetrators who abuse women. The police appear to have used warnings more frequently in incidents involving male victims than in incidents involving female victims. The police have tended to take 'no further action' or 'other action' more frequently when the abuse has involved same-sex couples than when it has involved opposite-sex couples.