Psychological domestic abuse now a crime in Scotland

New laws come into force today in Scotland aimed at tackling psychological domestic abuse.

The Domestic Abuse Act will target coercive and controlling behaviour, and perpetrators face tougher sentences if children are exposed to their behaviour.

Until now, the law in Scotland has only provided for prosecution of the physical aspects of domestic abuse.

The new legislation will make all domestic abuse, physical or psychological, a criminal offence.

Offenders could face up to 14 years in prison for behaviour including:

:: Making a partner dependent or subordinate, such as denying them access to money or bank cards

:: Isolating a partner from friends, family or other support, such as forcing them to cancel plans or make excuses not to attend family events

:: Controlling, regulating or monitoring a partner’s day-to-day activities, such as accessing their bank statements or calling them excessively to find out where they are and punishing them for not answering

:: Depriving or restricting a partner’s freedom of action, such as not allowing them to have keys to the house so they cannot leave or preventing them from having a job

:: Frightening, humiliating, degrading or punishing a partner, such as insulting them on a regular basis or fabricating stories, such as false illness, to cause them alarm

In England and Wales, a law is already in place targeting those who psychologically and emotionally abuse partners.

It came into effect in 2015, under the Serious Crime Bill.

A unique feature of the Scottish legislation is the provision for a tougher punishment if the behaviour is carried out in the presence of a child.

“The Domestic Abuse Act makes absolutely clear that coercive and controlling behaviour is domestic abuse and a crime,” said Scotland’s Justice Secretary, Humza Yousaf.

“I hope our powerful new public awareness campaign will encourage victims to recognise their own circumstances and to seek support with the confidence that the law is behind them.”

The Scottish government has provided £825,000 to Police Scotland for more than 14,000 police officers and support staff to receive training on the new act.

It has also funded a public information film designed to inform people what psychological abuse is.

The intentions is to increase public knowledge and reach out to victims, many of whom may not be aware that they are being abused because of the constant nature of the behaviour.

Family lawyer Alexis Harper told Sky News: “There are often victims who have been experiencing this type of behaviour behind closed doors for a number of years.

“They have become so used to this behaviour that they may not even realise it is so wrong, and this legislation now tells them it is wrong, it is criminal and that will help my clients and domestic abuse victims generally.”

(c) Sky News 2019: Psychological domestic abuse now a crime in Scotland