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CHAPTER 3: VIOLENCE AGAINST WOMEN
Introduction
3.1 Evidence shows violence against women in all of its forms continues to be a significant problem in Scottish society. Statistics show that:
- in 2006/07 the Police recorded 48,801 incidents of domestic abuse in Scotland, a 7% increase on the previous year. In 87% of these cases the recorded victim was female and the perpetrator was male 5. It is estimated that around 100,000 children in Scotland may be affected by domestic abuse 6.
- The number of sexual crimes (crimes of indecency) increased by 3 per cent, from 6,558 in 2005/06 to 6,726 in 2006/07. Within this group, recorded cases of rape and attempted rape decreased by 3 per cent to 1,123 7.
- Recorded crimes of assault with intent to rape increased by 8 per cent, from 186 in 2005/06 to 201 in 2006/07 8.
- Home Office research estimates that in 2003 there were 4000 women in the UK who had been trafficked for sexual exploitation 9.
3.2 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.
3.3 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
3.4 To continue and build on the work that has already been developed we made a number of commitments within our gender equality scheme including to:
- continue to support women who experience gender-based violence and to build on and review the National Strategy on Domestic Abuse;
- continue to raise awareness of violence against women through campaigns and, to prevent its occurrence, consider how to challenge and change attitudes;
- address the needs of children and young people experiencing domestic abuse; and
- develop preventative work with men to ensure perpetrators are dealt with effectively.
3.5 In addition, we made a number of commitments to continue to progress work around forced marriage, domestic abuse courts and the National Protocol (on Domestic Abuse) between the Crown Office and Procurator Fiscal Service and the Association of Chief Police Officers Scotland, prostitution, sexual offences and human trafficking.
What we've done
National Strategy on Domestic Abuse
3.6 We continue to implement our National Strategy on Domestic Abuse, published in November 2000. This is part of an overall strategy to address all forms of violence against women and, more recently, the issues of violence against women and domestic abuse have been considered together as part of a coherent overall approach. It is intended that a strategic framework on violence against women be published in spring 2008
3.7 A review of the Domestic Abuse Strategy is being undertaken by Marsha Scott and is due to be completed and submitted to the Scottish Government in March 2008. The findings from this review will help inform our future approach to tackling violence against women and domestic abuse in Scotland.
Campaigns
3.8 Over Christmas 2007 we ran a further campaign to raise awareness of domestic abuse, which included TV Radio and billboards advertising, as well as PR with the Scottish press. We are currently awaiting evaluation outcomes for this campaign and we will use the evaluation in the development of our future campaign work. In addition, we have supported Amnesty International's White Ribbon Campaign, "men working to end men's violence against women", which engages men in challenging violence against women by raising its profile and requesting that male MSP's wear the white ribbon during the 16 days of action.
Funding
3.9 Following the Comprehensive Spending Review 2007, the Government announced an increase in funding, £40 million over three years, to address domestic abuse and violence against women. This includes additional resources allocated to the Equalities budget for violence against women and work with children and young people affected by domestic abuse. This is further supplemented by £10 million over three years to Education to take forward work specifically in relation to the National Domestic Abuse Delivery Plan for Children and Young People.
3.10 The increase in resourcing will enable Government to support many crucial services for women experiencing male violence as well as to progress work under the National Domestic Abuse Delivery Plan agenda and the emerging Strategic Framework on Violence Against Women. Over the next three years we will, for example, be continuing to support Scottish Women's Aid, the Rape Crisis Scotland network, our annual domestic abuse campaign and the Rape Crisis and the Scottish Domestic Abuse Helplines.
3.11 Our Domestic Abuse Helpline continues to receive a large number of calls, in 2006 over 21,000 calls were received which is an increase of 3% on the previous year.
3.12 The Rape Crisis Helpline was launched in October 2007. This new free phone helpline will support anyone aged over 13 years old who has experienced sexual violence. We will be working with Rape Crisis Scotland to evaluate the new Helpline. The evaluation report is due to be submitted following the first 6 months of operation.
Addressing Domestic Abuse and Health
3.13 We know that women who have experienced abuse are five times more likely to attempt suicide; three times more likely to be diagnosed as depressed or experiencing a psychotic illness; 15 times more likely to abuse alcohol and nine times more likely to abuse drugs. A Chief Executive's Letter ( CEL) providing guidance to health boards on gender-based violence will be produced by April 2008. A suite of guidance for practitioners in responding to abuse will also be issued.
3.14 In addition, a national programme of routine enquiry of domestic abuse has been designed and will be implemented over the 3 year period 2008-11. Revised guidance reflects national priorities within the Government's National Group to Address Violence Against Women.
Supporting Children and Young People
3.15 The National Domestic Abuse Delivery Group ( NDADG) was established in December 2006 to promote cross Government and cross agency action to address the issues of domestic abuse affecting children and young people. The group has three specific aims:
- to develop and implement a strategic delivery plan to improve outcomes for children and young people experiencing domestic abuse ( CYPEDA);
- to report to Ministers;
- to oversee the 'Getting it right for every child' Domestic Abuse Pathfinder.
3.16 The Domestic Abuse Pathfinder was established in September 2006 and builds on the work of the multi-agency Better Outcomes for Children Working Group. The Pathfinder is split over four areas and, over the next two years, is exploring a holistic response to children and young people experiencing domestic abuse. It is particularly looking at: ensuring children get the help they need when they need it; an appropriate, proportionate, timely response in place of automatic referral; testing common risk assessment, information sharing as part of a multi agency response; and ensuring support for the non abusing parent/tackling the perpetrator is integral to a child's plan. The four Pathfinder areas are Clydebank, Dumfries, Edinburgh and Falkirk.
3.17 The Pathfinder has so far developed and tested a set of data capture and risk assessment forms for recording cases of domestic abuse amongst children and young people. Links with local agencies have been forged to target gaps in service provision and work towards a multi-agency response for CYPEDA.
3.18 The Government has allocated funding to continue the Children's Services Women's Aid Fund for the period 2008-2011 to ensure dedicated children's workers are in place in Women's Aid Groups across Scotland. The National Domestic Abuse Delivery Group will present its National Delivery Plan for children and young people experiencing domestic abuse to Ministers in spring 2008. Subject to their approval, it will be launched in April 2008.
Forced Marriage
3.19 To help us to tackle forced marriage in Scotland we are currently drafting a consultation paper to look at whether there is a need to introduce additional civil legislation to protect those affected by forced marriage. We intend to publish the consultation in spring /summer 2008 and will re-establish the Forced Marriage Network to support the consultation and assist the development of the Government's future work on this issue.
Domestic Abuse Court
3.20 In October 2004 the then Scottish Executive established a domestic abuse court service pilot, based at Glasgow Sheriff Court, to fast track cases of domestic abuse which occur in the city's south-side and to provide better information and support to victims so that fewer complaints are withdrawn before reaching the courtroom. An Evaluation of Domestic Abuse Court pilot was published in March 2007. We set out in our scheme our intention to continue to support the domestic abuse pilot. Following consideration of the evaluation, Ministers have extended the pilot to October 2008 while a multi-agency Feasibility Study Group has been set up to look at extending a Domestic Abuse Court to the whole of Glasgow as well as options for the rest of Scotland, including how best to provide support to victims and their children. The Feasibility Study Group is due to report to Ministers at end March 2008.
3.21 A review of the National Protocol (on Domestic Abuse) between the Crown Office and Procurator Fiscal Service ( COPFS) and the Association of Chief Police Officers Scotland ( ACPOS) was undertaken to ensure that the document and content remain fit for purpose, to identify any current gaps in processes and to take stock of the impact of the Protocol upon the investigation and prosecution of domestic abuse over the last months. The review team will report their findings to the Solicitor General and ACPOS by the end of March 2008.
Prostitution
3.22 The Government considers street prostitution to be a form of abuse of women. We believe that efforts to eradicate it should be seen in the context of our broader policies of tackling violence against women. Challenging demand is an important part of this. Prostitution (Public Places) (Scotland) Act 2007 came into effect on 15 October 2007. This legislation has created, for the first time in Scotland, offences which target those who purchase sex on our streets. It is now an offence to loiter or solicit in any public place with intent to obtain the services of someone engaged in prostitution. A publicity and an enforcement campaign to raise awareness of the new offence and the reasons for tackling demand for street prostitution were launched on 14 January 2008. Final guidance to local authorities on implementation of the Act was published in June 2007.
Sexual Offences Review
3.23 We indicated in our scheme that successive judgements of the court of appeal indicated the need to modernise the law on rape to reflect the range of assaults actually evidenced; we also highlighted that we would continue to support the Scottish Law Commission ( SLC) to undertake its review of sexual offences. The First Minister announced in his legislative programme speech in September 2007 that the Scottish Government would bring forward legislation to reform the law on rape and sexual offences in the light of the SLC's final report. The SLC published their final report and recommendations for reform on rape and other sexual offences on 18 December 2007. We subsequently published a consultation on the report's recommendations, which closed on 14 March 2008. The outcome of the consultation and Scottish Ministers' consideration of the SLC's report will inform the shape of legislation to be introduced in Parliament later this year.
Sexual Offences Review of Investigation and Prosecution of Sexual Offences
3.24 Following the publication of COPFSReview of the Investigation and Prosecution of Sexual Offences in Scotland in June 2006 a 3 year implementation programme - which aims to improve the way in which we deal with the prosecution of sexual offences - is being taken forward. Twenty-eight of the 50 recommendations have now been implemented and these include the issue of key chapters of the Sexual Offence Handbook to COPFS staff. The Handbook includes guidance on the law of rape, decision making, precognition investigation, supporting victims to give their best evidence, forensic and medical evidence and communication with victims.
3.25 At the end of 2007 a programme of on-line training courses was published on the Crown Office and Procurator Fiscal Service internal website. The modules provide essential training on decision making, approach to bail and the need to identify and address evidential weakness early on in the life of a case. They also provide important training on the law of rape, and provide staff with an understanding of the wider issues and myths which prevail in society.
3.26 The e-learning course is to be followed by a two day classroom based course at the new Scottish Prosecution College in Glasgow. Between April and June 2008 prosecution staff from across Scotland will undertake core sexual offences training on the legal issues surrounding rape, the psychodynamics of sexual offending, the medicine and science which plays a vital role in proving rape and the means through which Procurator's Fiscal can support and communicate with victims during the prosecution.
3.27 The first Annual Seminar on Sexual Offences - at which the Lord Advocate gave the opening address - was held on 7 December 2007.
3.28 The Solicitor General announced in February 2008 that a senior member of Crown Counsel is to work closely with the Lothian and Borders Procurator Fiscal's sexual offences team, to provide advice from the earliest stage of investigations. The move is designed to ensure the highest standards in evidence gathering and trial preparation. An Assistant Principal Advocate Depute will provide legal and practical guidance on the investigation and prosecution of all sexual offences, including rape and serious indecent assaults.
Human Trafficking
3.29 Human trafficking is a despicable form of modern-day slavery. We want to make Scotland a hostile environment for traffickers and to protect and support those upon whom they prey. The then Scottish Executive and Home Office jointly published an Action Plan on Tackling Human Trafficking in March 2007. The UK Government also signed the Council of Europe Convention on Action Against Trafficking, which grants additional rights to the victims of trafficking, in March 2007. They have subsequently committed to ratify the convention by the end of 2008. We will work with police, local authorities, non-governmental organisations and the UK Government to implement the Action Plan on Tackling Human Trafficking and ensure that we are compliant with the Council of Europe Convention on Action Against Trafficking.
3.30 Since 2004, the Government has provided funding via the Violence Against Women Fund to a pilot project in Glasgow to provide advice and support to women who have been trafficked into Scotland to be sexually exploited and to collate information in order to enhance intelligence and raise awareness among front-line service providers about trafficking. Support for this project is ongoing.
As an employer
3.31 Internally, we also launched our staff domestic abuse policy statement in November last year. This was prepared in conjunction with a variety of stakeholders, both internal and external, including a range of our staff networks, Scottish Women's Aid and the Scottish Government's Violence Against Women Team. We are currently gathering information to allow us to complete an effective Equality Impact Assessment of the policy. Training in recognising and dealing with domestic violence in the workplace was also run for staff within Human Resources and Counselling and Welfare.
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