CHAPTER 3 - VIOLENCE AGAINST WOMEN
Introduction
Significant progress has been made in addressing domestic abuse in Scotland. The establishment of the National Group on Domestic Abuse in 2000 and the publication of the National Domestic Abuse Strategy provided the initial platform on which subsequent work has been built. Related strategies on preventing domestic abuse and on training, as well as a Guidance Note to Children's Services Planners, have been published.
In 2004, the National Group on Domestic Abuse broadened its focus to encompass broader issues relating to violence against women, and became the National Group to Address Violence Against Women. Services for women and young people experiencing domestic abuse, and other forms of violence against women have been developed and expanded through Government funding.
Work in this area has been developed around a gender based analysis. It is recognised that violence against women is a function of gender inequality, and an abuse of male power and privilege. It takes the form of actions that result in physical, sexual and psychological harm or suffering to women and children, or affront to their human dignity, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.
While male on male violence is the most common form of general public violence, there are a number of crimes, acts of violence and abusive behaviours that are perpetrated mostly by men, affect women and children disproportionately and have their roots in the inequality between men and women in society. We refer to this as violence against women, the prevalence and extent of this violence is extremely high (for example 25% of violent crime reported to the police is domestic abuse) and is rightly of major concern. It needs to be targeted specifically and demands a dedicated response.
Violence against women is not only a consequence of gender inequality, it also perpetuates it. Tackling violence against women is therefore a key activity when trying to reduce the inequality between women and men.
Evidence shows violence against women in all of its forms continues to be a significant problem in Scottish society. Statistics show that:
- In 2007/08 the police recorded 49,655 incidents of domestic abuse in Scotland, just under a 2% increase on the previous year. In 85% of these cases the recorded victim was female and the perpetrator was male.
- The number of sexual crimes (crimes of indecency) was 6,552 in 2007/08. Within this group, there were 1,053 recorded cases of rape and attempted rape.
- There were 145 recorded crimes of assault with intent to rape in 2007/08.
- In January 2008 the UK Government's Forced Marriage Unit began to breakdown the origin of reported incidents of forced marriage/potential forced marriage. During the period January to October 2008, 40 incidents came from Scotland. Of these cases five were directly supported by the Forced Marriage Unit, nine were reluctant sponsor (immigration) cases and 26 were calls relating to a specific incident or suspicion (including referrals to other agencies).
(See also Annex A, Part Five Domestic Abuse, for more statistical data)
It is unacceptable that women in Scotland should continue to face fear and intimidation, should be subject to domestic abuse, commercial sexual exploitation or trafficking or should feel unwilling or unable to report crimes of rape or sexual assault.
The Government is committed to addressing violence against women and its wider consequences. Significant work has already been developed but we know that there is much more we need to do.
What we said we would do
We made the following commitments within the Scottish Government's Gender Equality Scheme 2008-2011:
- to continue to support women who experience gender-based violence and develop a strategic approach to tackling it, building on the National Strategy on Domestic Abuse;
- to continue to raise awareness of violence against women through campaigns and consider how to challenge and change attitudes to prevent its occurrence;
- to ensure the needs of children and young people experiencing domestic abuse are addressed and to publish the National Delivery Plan for Children and Young People containing the recommendations of the National Domestic Abuse Delivery Group; and
- to develop preventative work with men and ensure perpetrators are dealt with effectively.
What we have done
We are considering how best to develop an integrated approach to tackling violence against women in the context of the Concordat and Scottish Government's National Performance Framework. Building on the National Group to Address Violence Against Women Expert Group's findings, we are planning to publish a framework for taking forward this work around Easter 2009.
We continue to raise awareness of domestic abuse through the annual domestic abuse media campaign. The campaign which ran over the 2008-09 festive period built on previous campaigns and aimed to encourage women to contact the helpline. This was done through a new TV advert which ran from 26 December 2008 until 25 January 2009, and online work which ran from 26 December until 25 February 2009. Further to the advertising work, we have worked closely with the PR agency to develop a number of pieces of work, including articles in No 1 Magazine, Daily Record and Scotsman etc. This campaign has again been evaluated and a report will be published on the Scottish Government's website in due course.
Funding was awarded to Rape Crisis Scotland to run their awareness raising campaign on attitude towards rape. The ' This is not an invitation to rape me' campaign has received a positive evaluation.
We are taking forward our groundbreaking approach to tackling domestic abuse in Scotland by implementing a strategic delivery plan (2008-11) which places children and young people at the heart of agencies' response to this issue . The National Domestic Abuse Delivery Plan for Children and Young People (Delivery Plan) was launched in June 2008 as a partnership between the Scottish Government and COSLA. Ministers have allocated £10 million to support implementation across the Delivery Plan's thirteen priority areas and analytical programme. These priority areas, which come under the themes of protection, provision, prevention and participation, were identified by the National Domestic Abuse Delivery Group in full partnership with children and young people affected by domestic abuse.
The Delivery Plan Framework, which draws on Getting it right for every child principles and values; and the National Strategy to Address Domestic Abuse in Scotland (2000), recognises that to improve outcomes for children and young people, we must ensure appropriate support for adult victims of domestic abuse, most frequently women, and hold perpetrators to account.
The Delivery Plan will therefore support the development of a range of early identification and intervention initiatives for both child and adult victims of domestic abuse. Included in the priority areas are measures to improve the NHS's response to domestic abuse through implementing a programme of routine enquiry across key health settings; to support better joined-up working across agencies through the development of a Getting it right approach in four Domestic Abuse Pathfinder areas and; to build the capacity of children and young people to access help around domestic abuse through setting up a national website and helpline.
The Delivery Plan will also support the delivery of an effective response to men who abuse across agencies within and outwith the criminal justice system. The Scottish Government is currently taking forward the national roll-out of a court-mandated perpetrator programme - the Caledonian System - and of integrated services for the (ex)partners and children of men who take part in the programme. The Caledonian System was accredited at the Scottish Accreditation Panel for Offender's Programmes in February 2009.
A Programme Board of Government officials and representatives from external delivery partners will provide strategic direction for the Plan's implementation over the period 2008-2011. Key to successful delivery will be supporting the ongoing participation of children and young people affected by domestic abuse at every stage of policy and practice development.
A consultation paper on Forced Marriage Forced Marriage: A Civil Remedy? was published on 4 December 2008. This consultation ended on 27 March 2009 and consideration will be given to the responses received and advice provided to Ministers by summer 2009.
In addition, a range of activities are being supported over 2008-11 to tackle violence against women. This includes:
- 73 projects funded under the Violence Against Women Funding Stream.
- Support for a network of specialist children's services through the Children's Services Women's Aid Fund.
- Support for local Rape Crisis Centres across Scotland.
- The implementation of a programme of routine enquiry for domestic abuse in key health settings.
- The piloting of CEDAR (Children Experiencing Domestic Abuse Recovery Programme) in three local authority areas - Edinburgh, Fife and Forth Valley.
- Supporting the National Offices of Scottish Women's Aid and Rape Crisis Scotland.
- Funding both the Scottish Domestic Abuse Helpline and National Rape Crisis Helpline.
- Funding ASSIST, the support service of victims going through the Domestic Abuse Court in Glasgow.
- Development of phase II of the National Training Strategy and continued funding for 15 local training consortia.
Sexual Offences Bill
The Sexual Offences Bill reforms the current law on sexual offences and creates a range of new statutory offences which criminalise sexual conduct which takes place without consent. It defines consent as "free agreement" and makes clear that consent may be withdrawn at any time. The Bill creates new statutory offences of rape, sexual assault, sexual coercion, coercing a person to be present during sexual activity, communicating indecently, sexual exposure and administering a substance for a sexual purpose.
Trafficking
The trafficking of women for sexual exploitation has gained increasing attention over the last few years, as awareness of this global criminal activity has risen. It is extremely difficult to assess accurately the numbers of women involved. The UK Action Plan on Tackling Trafficking 2007 estimated that some 4000 women might be trafficked into and within the UK per annum. In Scotland between September 2007 and March 2008 during the second nationwide police led anti trafficking operation (Pentameter 2), 59 potential victims were recovered. 15 of those were believed to have been trafficked for sexual exploitation and were all female.
We intend to legislate to provide police with specific powers to close premises associated with human trafficking or child sexual exploitation. These measures are contained in the Criminal Justice and Licensing Bill, which was introduced into the Scottish Parliament in early 2009.
Domestic Abuse Court
Following a positive evaluation of the pilot Domestic Abuse Court in Glasgow, provision is being made to take all domestic abuse cases in Glasgow to specialist courts. Domestic abuse cases will now call at Glasgow Sheriff Court in both a dedicated court room and within specialist mainstream courts. The victims of domestic abuse and their families can access advocacy and support services provided by ASSIST (Advocacy, Support and Information Services Together), who provide a range of services including court liaison and safety planning. Over 3500 clients and their families have already made use of the advocacy service, which has recently been expanded to cover cases throughout the city of Glasgow.
Caledonian System
The full name of the system is The Caledonian System: an integrated approach to address men's domestic abuse and improve the lives of women, children & men. It forms part of the Government's overall strategy to bring about a reduction in domestic violence.
The Caledonian System has been developed over the last four years by practitioners from CHANGE, Edinburgh's Domestic Violence Probation Programme ( DVPP) and Sacro/Forth Valley. It has the backing of a number of local authorities, including the City of Edinburgh and the Lothian and Borders consortium; Dumfries and Galloway; the Forth Valley partnership; Glasgow City and South Lanarkshire.
The Caledonian System includes a programme for adult male offenders age 16+, who have been convicted of offences involving domestic abuse, whose abuse has taken place in a heterosexual relationship and are subject to statutory supervision. It will be delivered by trained Criminal Justice Social Work staff in a group setting and attendance at the programme will be a condition of any order or licence (if they meet the eligibility criteria and have been assessed as suitable). The minimum period of statutory supervision for entry on to the programme is 2 years. The Men's Programme comprises a minimum of 14 pre-group work sessions followed by 25 sessions (each around 3 hours duration), followed by post-group maintenance work the length of which is dependent upon length of order/licence and assessed risk/ needs.
It also includes:
- a service to women partners, ex-partners and children (including personal support and contact from a women's services worker);
- a training programme for criminal justice staff (case managers and group facilitators in the main);
- a training programme for staff involved in women's and children's services and the development of interagency protocols.
The Scottish Accreditation Panel for Offender Programmes met on 18 and 19 February 2009, and after considering the further re-submission of the Caledonian Programme decided to award Accredited status for a full five year period i.e. until February 2014. Implementation plans are currently under development with a view to funding decisions being confirmed by October 2009, with the first programmes delivered by April 2010.