Here’s Why Scotland’s New Domestic Abuse Law Matters

On 1 April 2019, a new piece of legislation came into effect in Scotland. The Domestic Abuse Act makes several fundamental changes to how violence against women and children is defined and prosecuted within the Scottish criminal justice system.

The new law has been informed by survivor experience, making it not only progressive but potentially transformative. It strengthens the power of police and prosecutors to tackle our pervasive problem with domestic violence. It also legally acknowledges what many of us already know to be true – abuse comes in many forms, not all of which leave bruises on bodies.

Scotland’s Domestic Abuse Act changes how abuse is defined, understood and prosecuted in 4 ways:

1. It criminalises coercive control

Coercive control refers to controlling and harmful patterns of behaviour. It can include psychological, emotional, sexual or financial abuse. It may or may not involve physical violence. It’s often systematic and the effects can be devastating. Scottish Women’s Aid report that coercive control is the kind of violence survivors tell them has the most significant impact and is hardest to recover from.

The new Domestic Abuse Act makes coercive control a criminal offence for the first time, meaning that people engaging in patterns of controlling behaviour can now be punished by law.

2. It makes domestic abuse a ‘course of conduct’ offence

This simply means the law will look at domestic abuse cases through a ‘big picture’ perspective. Abusive situations are often made up of long lists of events, moments and actions which take place over periods of time. If each of these were to be looked at individually, they might not seem very serious. However, when many small incidents are pieced together and the accumulative effect considered, the big picture can show a deeply harmful situation.

This is very different from past approaches of treating domestic abuse as one-off incidents that could be pinpointed to certain times on certain dates, like we would for burglaries or traffic accidents. Domestic abuse doesn’t necessarily operate like other crimes and the new law acknowledges that it is often more relevant to consider accumulative behaviour over time.

3. Proof that an individual was traumatised is no longer required

As CEO of Scottish Women’s AidDr Marsha Scottexplains, this is “a terrible thing to have to go into court and prove”. In the past, the law has been criticised for re-traumatising victims and placing unreasonable obstacles in the path to securing a conviction.

Instead of requiring proof that a victim was harmed, the new law requires proof that the accused intended to cause harm. It states that if a reasonable person with access to all the facts would assume that the situation would cause harm, this will be considered appropriate evidence.

4. Children are acknowledged as victims

The Domestic Abuse Act reflects a new understanding within the legal system that it doesn’t matter if children are physically present when abusive behaviour is taking place. If they are in the family, they are a victim.

For the first time, the enormous impact that growing up within an abusive situation can have on a child will be recognised in the law and considered in the prosecution process.

Changes to the structure, wording and focus of domestic abuse legislation create the possibility for us to change the landscape of gender-based violence.

Scotland is a country committed to remaining at the forefront of global gender equality policy – a fact I’m extremely proud of. At the same time, it’s a country where gender definitions remain stiflingly narrow. Traditional understandings of masculinity can make healthy expression of emotion an impossibility for many men, and notions of familial responsibility can leave many women playing out restrictive and isolating roles in society.

The widely-held social belief that what happens behind closed doors is no one else’s business doesn’t help, nor does a very Scottish tendency not to want to ‘make a fuss’. These are pieces in the gender equality puzzle that can’t be fixed by the law. They require education, open conversation and a refusal to continue acting as though the status quo is inevitable.

Gender inequality is both the cause and the consequence of gender-based violence.

Abuse doesn’t always show itself in the ways it does in soaps or films. It isn’t always neighbours calling the police, mascara running down cheeks and black eyes. It can be quiet, and invisible, and soul-destroying.

We have a huge amount of work still to do. But with this new legal framework, Scotland is starting to feel better equipped for the task.

The Pattern of Domestic Violence

Like every tsunami, it starts small. A slap here, a hit there. Nothing to worry about. He apologizes, says it will never happen again.

But it does.

It happens again. Harder this time, perhaps a punch or two. It becomes a pattern.

Beat, repent, repeat.

The physical abuse.

The pattern.

OR

It is completely inconspicuous. Almost invisible to the outside world and sometimes, to the victim, too. Charming dominance turns into irrational jealousy and possessiveness. Endearing neediness becomes suffocating. You find yourself trying to stay out for as long as you can. You know it’s coming.

The emotional abuse.

The pattern.

According to the World Health Organization, almost one third of women who have been in a relationship report that they have experienced some form of physical and/or sexual violence by their intimate partner in their lifetime.

Not everyone has the courage to fight back against abuse and violence. It’s not simply about being ‘brave’ – it becomes almost impossible to have courage if you don’t have a voice. Sometimes, even those who do are stifled by the fear of humiliation and social stigma surrounding gender-based violence.

Not everyone has a loving family or friends to fall back on. Not everyone can simply wake up one day, decide they have had enough, and leave. It’s not that easy, oh how I wish it was, but it isn’t.

Although, it’s also not impossible.

You might wonder, why must they stay? Is it the children? Or the familiarity? Or worst of all, the tainted love? It’s generally an amalgamation of all of these reasons along with many more. Of course, none of them can ever justify the destruction of lives, hearts, and a place that now detestably resembles home but is far, far from it.

The more you take, the less you can give to yourself or those you love. You deserve a safe environment. Children deserve a safe environment.

Make a safety plan. You can break the pattern and protect yourself and others. It will be hard, but it will be worth it.

“Break the pattern before it breaks you.” – Colleen Hoover, It Ends With Us

Read more on Girls’ Globe

The Sneakers Inspiring & Empowering Women

Just as clothing must be looked after and cared for, it seems increasingly essential that human beings come with a ‘how-to-care-for’ label, so that they are not destroyed by another person.

Josefinas is the only shoe brand born with the purpose to inspire and empower women through flat shoes.

Based on our passion for creating meaningful pieces, we conceived the You Can Leave special edition, which aims to alert to the growing and expanding plight that is gender-based violence and contribute to its eradication.

There are more and more cases of violence, happening earlier and earlier, leading to more and more deaths. The main victims? Women and children.

We created three pairs of sneakers and a pair of shoelaces, all with five common symbols that show ‘how-to-care-for’. They are printed so that no one forgets that a relationship should be based on love, mutual care and respect, and there is no place for violence, guilt, shame, intimidation, or control.

One of each pair of sneakers has a hidden QR Code; it symbolizes a relationship where domestic violence exists and proliferates in silence and shame. This QR Code comes with a message: You Can Leave. A victim may not be able to leave an abuser the first time, but eventually they will be able to leave, for good.

Did you know it often takes between five and seven attempts for a victim to abandon an abuser once and for all?

This cause means so much to us at Josefinas, which is why 30% of the sale of any one of these three pairs of sneakers or shoelaces goes to associations that help and support women victims of domestic violence, namely APAV and She is Rising.

Two pairs of the You Can Leave sneakers not only have the ‘how-to-care-for’ label, but also meaningful numbers:

  • 7 in 10 women experience physical or sexual violence at least once in their lifetime

  • 603 000 000 women live in countries where domestic violence is not considered a crime

  • 15 – 44 is the most common age range for domestic violence to occur

It’s our mission to raise awareness. We want to talk about domestic violence. We want you to talk about it! Don’t judge, don’t turn a blind eye.

It is only when we are in someone else’s shoes that we can truly understand how pain and suffering, covered by shame, leaves us incapacitated and feeling like a victim with no way out.

But there is always a way out and it’s very important to know that there is a path that comes after all this.

Domestic violence isn’t a couple’s problem; it’s yours, it’s all of ours. It’s is highly likely that we all know someone who is suffering or has suffered from domestic violence. Domestic violence doesn’t choose age, religion, or social status, so never assume it won’t happen to you or to someone you know. Talk about it! Let’s keep the conversation going.

#ProudToBeAWoman

About Josefinas: Josefinas is the only shoe brand born with the purpose to inspire and empower women through flat shoes. In 2013, three women started Josefinas with the dream of inspiring other women to follow their own paths. Now Josefinas is taking it even further, helping other female leaders grow their businesses and supporting individual women in Rwanda. Josefinas has become a favorite among celebrities, has won the award for Best E-commerce Brand and has become a much-loved brand on social media. @josefinasportugal.

What Does an Abusive Relationship Look Like?

Recent research by Cosmopolitan and Women’s Aid has revealed disturbing new statistics on young women’s experiences of domestic violence in the UK.

In a survey of more than 122,000 people, more than a third of women (34.5%) revealed that they had been in an abusive relationship.

More shocking, though, is that many of the women surveyed didn’t actually recognise the signs of an abusive relationship in the first place. Almost two thirds (63.8%) of the women who answered that they had not been in an abusive relationship revealed elsewhere in the survey that they had in fact experienced behaviour or treatment from a partner that could be classed as abusive.

When it comes to domestic violence, the first image that comes to my mind is a frail, bloodied woman with black eyes and scratched arms, curled up in the corner of a dark room. She’s straight out of the anti-violence awareness campaigns I saw around me growing up in the UK.

In reality, abuse comes in many forms other than physical and doesn’t always leave easily-identifiable marks on bodies. Abuse includes a vast range of actions and behaviours, from emotional damage, financial manipulation, sexual intimidation, coercive control, social media invasion and much more. Of course, physical violence can and does occur, but a relationship can be abusive without it, or for a long time before it happens.

The frightening thing is that this survey suggests that young women in the UK today are unaware of what counts as abuse. Without being aware of what counts as abuse, and without being able to name certain behaviours as violent, it’s difficult to protect yourself or your friends and family from relationships that are toxic, damaging or even life-threatening. 

During an interview for BBC Woman’s Hour, 3 young women who had experienced abuse in their first ever relationships described some of the characteristics that made those relationships so unhealthy. Each of their experiences were different, but some of the things they spoke of included extreme jealousy, forced isolation, being forbidden from talking to other people, a constant undermining of self-esteem, excessive anger, sexual shaming – sometimes through social media, financial exploitation and derogatory language.

A common reflection among these young women, as well as others who have shared their experiences through Cosmopolitan, is that it’s difficult to know when something is wrong if you don’t know what’s ‘normal’ or ‘healthy’ in the first place. Each of them described experiencing a large volume of small actions or behaviours that on their own might seem insignificant, but when added together created a toxic and frightening environment to find themselves in.

Speaking on the release of these new statistics, Katie Ghose, Chief Executive of Women’s Aid, said:

“Our culture often portrays controlling behaviour as a sign of being desired or loved when in fact coercive and controlling behaviour is at the heart of domestic abuse. As the shocking findings from our research show, many younger women may not recognise that their partner is abusive if there isn’t physical violence and may even think that threatening, controlling and intimidating behaviour is normal in relationships. We know that younger women are most likely to experience domestic abuse but least likely to access vital support services. We want to change this.”

Surely we are failing young people if we aren’t teaching them what a healthy relationship looks like before they embark on one for themselves for the first time. Surely to recognise red flags for yourself or for the people you care about you need to have first been given some examples of what those red flags might look like. Relationship education needs to be prioritised in all schools, and it needs to encompass much more than the basics of sex and contraception. No young person should have to experience an abusive relationship – or watch a friend experience one – as a way to figure out what is and isn’t an acceptable way to be treated by another person.

If you’re in the UK, you can help shape the government’s approach to the issue by giving feedback on the consultation on the Domestic Abuse Bill. Click here to add your voice – it’s open until May 31 and doesn’t take very long!

For more information and support, visit Women’s Aid’s website or call the Freephone 24-hour National Domestic Violence Helpline, run by Women’s Aid in partnership with Refuge, on 0808 2000 247.