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PE1909/A – Cabinet Secretary for Social Justice, Housing and Local Government submission of 18 November 2021

PE1909/A – Remove the "gender-based crime" domestic abuse narrative and make it gender neutral and equal

Thank you for your email of 15 October 2021, in which the Committee seeks the Scottish Government’s views on the action called for in the above noted petition.

Specifically, the petition urges the Scottish Parliament to urge the Scottish Government to:

“1) Make domestic abuse policies, guidance, agendas and practices gender neutral”

“2) Introduce equal domestic abuse provision and funding for everyone in Scotland - regardless of any protected characteristic”

“3) Ensure all domestic abuse Joint Protocol guidance, policies and practice for Police Scotland and Crown Office and Prosecutor Fiscal Service are gender neutral.”

I will address each of these points in turn.

1) Make domestic abuse policies, guidance, agendas and practices gender neutral

The Scottish Government recognises that domestic abuse is a form of gender-based violence, which is predominantly perpetrated by men against women.

Between 1 April 2019 and 31 March 2020, Police Scotland recorded 62,907 incidents of domestic abuse, an increase of 4% compared to the previous year. Where gender information was recorded, 82% of these incidents involved a female victim and a male accused, 15% involved a male victim and a female accused, and in the remaining 3% of incidents, the victim and accused were the same gender.

Evidence also indicates that gender plays a role in the severity of abuse, with women far more likely to be killed by a partner or ex partner than men. Looking at all homicides recorded between 2010-11 and 2019-20 in Scotland, women were nearly three times more likely to be killed by a partner or ex-partner (71 victims) than men (24 victims).

This does not mean that men and boys cannot be the victims of domestic abuse, or that women cannot be the perpetrators of domestic abuse. The Scottish Government is clear that irrespective of the gender of the victim or of the perpetrator, there is no excuse for domestic abuse, and we are committed to working with all of our partners to ensure we do everything possible to keep people safe and to hold the perpetrators of this unacceptable behaviour to account.

In relation to the provisions in the criminal law used to prosecute domestic abuse, it is important to note that these are gender-neutral and apply equally to both male and female perpetrators. This includes the provisions of the Domestic Abuse (Scotland) Act 2018 which came into effect on 1 April 2019, introducing a specific, gender neutral “course of conduct” offence for the first time – enabling physical, psychological and controlling behaviour to be prosecuted at once. Statistics published by the Crown Office and Procurator Fiscal Service (COPFS) in September 2021 found that 95% of charges reported by the police to COPFS in 2020/21 involved a male alleged perpetrator.

Understanding the significant role that gender plays, including in terms of the prevalence and severity of domestic abuse, is crucial in order for us to take effective steps to prevent it from occurring in the first place, and to ensure that the right support is available for those who have experienced or who are experiencing domestic abuse.

This is why, the Scottish Government and COSLA’s joint strategy to prevent and eradicate violence against women and girls, Equally Safe, is underpinned by a gendered analysis which recognises that women and girls are disproportionately affected by certain forms of violence and abuse precisely because they are women and girls. These forms of gender-based violence, which include domestic abuse, rape and sexual violence, are a function of gender inequality and an abuse of male power and privilege. In order to effectively tackle gender based violence, we need to challenge the outdated gender stereotypes and societal attitudes towards women and girls that enable it to continue.

2) Introduce equal domestic abuse provision and funding for everyone in Scotland - regardless of any protected characteristic

The Scottish Government is clear that every victim of domestic abuse should be able to access advice and support, irrespective of gender. Through the Scottish Government’s Delivering Equally Safe Fund, we will distribute £38 million over two years, October 2021 – September 2023, to third sector organisations and public bodies to support survivors of gender based violence and deliver projects with a focus on prevention.

Some of this funding is targeted at supporting male victims of domestic abuse. This includes funding for:

• The Respect Men’s Advice Line, which signposts male survivors of domestic abuse to support services.
• ASSIST who as part of their work provide advocacy support to male survivors of domestic abuse in the West of Scotland and the Lothians.
• SACRO’s fearfree service which provides 1-1 support for male and LGBT victims of domestic abuse.

The Scottish Government also funds the Scottish Domestic Abuse and Forced Marriage Helpline which offers confidential support and advice to anyone with experience of domestic abuse or forced marriage, as well as their family members, friends, colleagues and other professionals who support them.

We recognise that some men who are experiencing domestic abuse may find it difficult to come forward to seek help from support services. In our most recent Programme for Government 2021-22 we committed to establish a national strategy on ending intimate and sexual violence against men and boys.

However, we do not agree that the overall amount of funding targeted at supporting women and children experiencing domestic abuse, should be the same as for men experiencing domestic abuse. This is because, as I have set out, domestic abuse is perpetrated predominantly by men against women and there are a greater number of women and children requiring access to support services.

3) Ensure all domestic abuse Joint Protocol guidance, policies and practice for Police Scotland and Crown Office and Prosecutor Fiscal Service are gender neutral

As the Committee will appreciate, the criminal justice system in Scotland, which includes Police Scotland and COPFS, operates independently of the Scottish Government. This is important to preserve the operational independence of the criminal justice system and to ensure that it is kept free from political interference.

As a result, domestic abuse Joint Protocol guidance, policies and practice for Police Scotland and COPFS are a matter for Police Scotland and COPFS, not the Scottish Government. The Committee may wish to note that COPFS and Police Scotland published a revised 5th edition of their Joint Protocol on Domestic Abuse on 10 May 2019.

I hope that the information I have set out in this letter is helpful to the Committee.

In summary, the Scottish Government’s position is that systemic gender inequality is the root cause of domestic abuse and that gender affects both the prevalence of abuse and its nature and severity. Acknowledging the role that gender plays in the perpetration of domestic abuse is critical in terms of informing the actions we take to prevent it occurring in the first place, and to ensure that survivors of domestic abuse can access the appropriate support that meets their needs.

I would be happy to provide any further information that the Committee may require, including additional detail of the legislative and other measures the Scottish Government and partners are taking to tackle domestic abuse and other forms of gender based violence.