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ASSIST submission of 18 February 2022

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

Thank you for your email in which the Committee seeks ASSIST’s views on the action called for in the above noted petition, which asks that the Parliament 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

ASSIST as a Specialist Independent Domestic Abuse Advocacy and Support Service is funded by the Scottish Government to support women, children and men who have been victims of domestic abuse. We work across 12 local authority areas covering 42% of Scotland’s population.  ASSIST aims are to ensure that all victims of domestic abuse are safe, informed and supported throughout their involvement with the criminal justice system.  ASSIST supports victims of domestic abuse. through a risk led response focusing on reducing the risk to and improve the safety of victims of domestic abuse,  our service is designed to ensure that all survivors of domestic violence receive the same level of service.  

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

The committee has been provided with the most recent statistics and policy context from colleagues in the Scottish Government and I won’t repeat them.  However, whilst not attempting to minimise acts of violence within same sex relationships or perpetrated by women towards men, it is important to emphasise that domestic abuse is associated with broader gender inequality, and should be understood in its historical context, whereby societies have given greater status, wealth, influence, control, and power to men. Domestic Abuse is part of a range of behaviours constituting male abuse of power and is linked to other forms of male violence including child sexual abuse, rape, and sexual assault.  Although both men and women may experience incidents of violence and abuse, women are considerably more likely to experience repeated and severe forms of abuse, including sexual violence. They are also more likely to have experienced sustained physical, psychological, or emotional abuse, or violence which results in injury or death.

There has been a wealth of evidence generated over the past 40 years on this issue, that continues to support the gendered analysis of domestic abuse and provides clear direction for action to prevent abuse, protect those at risk of, or exposed to abuse and provide appropriate supports for all survivors.  A gendered analysis recognises differences in men’s and women’s experiences of violence and abuse. This is useful because it indicates actions which can guide development of services to respond to the consequences of abuse and importantly, actions which ultimately reduce the likelihood of domestic abuse occurring.

Understanding gender as the central factor in domestic abuse enables us to develop services which are sensitive to the differing needs of individuals affected by domestic abuse. It highlights that as men and women have differing needs, they may require different services and service approaches.  Approaches which do not recognise the influence of gender in everyday experiences fail both men and women. Assumptions that experiences of men and women are equivalent will not achieve equality of outcome. Failure to acknowledge the influence of gender in perpetration of abuse, as well as the experience of abuse, presents a barrier to eliminating or reducing domestic abuse in our society. 

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

As noted in the opening paragraph ASSIST is funded to provide advocacy support to women, men and children who have been victims of domestic abuse. We support victims of domestic abuse where a person has been charged or is likely to be charged with a domestic abuse related crime. Eligibility is not affected by gender, age, sexual orientation, religion, ethnicity, immigration status or any disabilities. We receive referrals for male victims of Domestic Abuse and provide equal provision for these clients.  Over the past 2 years around 6% of our referrals were male victims of Domestic Abuse.

Our service is accredited by the SafeLives Leading Lights programme, an accreditation programme which recognises and rewards good and safe practice in community based domestic abuse services across the UK.   The programme offers services and partners a set of standards for supporting victims of domestic abuse, through a risk led response and is designed to ensure that survivors of domestic violence receive the same level of service, regardless of where they are in the country.  Leading Lights accreditation requires we meet a high set of standards around service provision including measures to ensure consistency around casework and a “specialist pro-active, risk led response”.

All adult victims will have an improved experience of the process if they are engaged with an advocacy service such as ASSIST. We walk alongside them from the time of reporting until the conclusion of the case and maintain links with the relevant agencies (e.g., police, COPFS, VSS, Victim Information and Advice [VIA], CJSW, Scottish Prison Service [SPS], to ensure they have the best experience possible. We can also make sure that other agencies (housing, health, social work) are aware of the criminal justice process so resources and assessments can be adjusted to reflect the associated risk.

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

We are unable to comment on this point.