Lesson 7.1 - Domestic Abuse Introduction Flashcards
What is the definition of Donestic Abuse agreed by Police Scotland and COPFS?
“Any form of physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct and which takes place within the context of a relationship. The relationship will be between partners (married, cohabiting, civil partnership or otherwise) or ex- partners. The abuse can take place in the home or elsewhere including online’
What is coersive control?
A pattern of controlling and abusive behaviour which seeks to take away someones liberty or freedoms and strips away their sense of self
Give examples of Coercive control?
Controlling who they see or where they go
Taking away or restricting decision making abilities
Controlling or restricting financial independence
Depriving or regulating their basic needs
Undermining their character, appearance, opinion etc
Setting unrealistic or demanding expectations
Degrading, humiliating, threatning or punishing them
Give examples of the Power and Control Wheel.
Isolation Emotional abuse Economic abuse Intimidation Using children or pets Using privilege Sexual abuse Threats Physical abuse
What is s1 of the Domestic abuse (Scotland) Act 2018?
NOTE: this act can only be applied to offences committed after 1st April 2019. For offences prior to this date, officers must give consideration to alternative substantive offences.
A person commits an offence if all of the FOLLOWING 3 CONDITIONS ARE MET:-
1) they engage in a course of behavior which is abusive of their partner or ex-partner and
2) that a reasonable person would consider the course of behavior would be likely to cause the victim physical or psychological harm; this includes fear, alarm and distress and;
3) that they intend the course of behavior to cause the victim to suffer physical or psychological harm, or is reckless as to whether it causes harm
Under section 2 Domestic Abuse (Scotland) Act 2018, what is meant by “a course of behavior”?
A “course of behavior” constitutes behavior ON AT LEAST 2 OCCASSIONS which is abusive of a partner or ex partner.
The behavior need not be the same on the 2 or more occasions, provided it meets the definition of abusive behavior.
COPFS require corroboration for a course of behavior. This means that there must be corroborated evidence (2 sources) of at least two incidents of abusive behavior to show:-
•The abusive behavior took place
•That the accused was the perpetrator
What if any are the defences for section 1 Domestic Abuse (Scotland) Act 2018?
The course of behavior of the accussed was reasonable in the particular circomstance.
In limited circomstances accused may be able to provide a reasonable explanation for behavior that could be considered abuse under the terms of the offence.
E.g. a person ‘controlling’ a partner to prevent them causing harm to themesleves or children OR
Limiting access to money to prevent an alcaholic partner from buying alcohol.
What does section 5 Domestic Abuse (Scotland) Act 2018 cover in terms of children under 18 years old?
AGGRIVATION OF DOMESTIC ABUSE
This aggravator should be added if:-
1) At any time during commission of the offence:
• Behavior is directed at a child
• The person makes use of a child
2) A child sees, hears or is present during an incident
FOR THESE 2 RELATIONSHIP OF THE CHILD TO EITHER PARTY IS IRRELEVANT
3) A reasonable person would consider the course of behavior to be likely to adversely affect the child residing with either party
(There only needs to be a single source of evidence to prove the aggravation and there is no need to prove that the child was aware or understood the behavior)
What are trigger points in terms of domestic abuse?
- Moving in together
- Engagement
- Marriage
- Pregnancy
- Birth of a Child
- Termination of a relationship
Gives the abusive partner the oppertunity to use their powers to control the other partners behavior
