4. financial 5. emotional’ 2
The Scottish Government defines‘ domestic abuse’ as one of a number of forms of gender-based violence, incorporates 1 – 5 above and is regarded as a cause and consequence of women’ s inequality. 3
Women experience domestic violence disproportionately.
Controlling or coercive behaviour
Repeatedly or continuously engaging in controlling or coercive behaviour towards an intimate( or ex) partner or family member( B) which has a serious effect on them is a criminal offence under section 76 of the Serious Crime Act 2015.‘ Serious effect’ means that it causes B to fear, on at least two occasions, that violence will be used against B, or it causes B serious alarm or distress which has a substantial adverse effect on B’ s usual day-to-day activities( such as socialising, working patterns, mental or physical health deterioration). The penalty is indicative of how seriously these behaviours are now viewed in law, with punishment of up to 5 years’ imprisonment.
The Scottish Government plans to introduce new legislation which will create a specific offence of‘ abusive behaviour in relation to a partner or ex-partner’. A new offence is intended to ensure that psychological abuse, such as coercive and controlling behaviour, is effectively prosecuted.
Hate incidents and hate crime
Hate incidents are incidents which appear to the victim or anyone else to be based on prejudice towards them because of their race, religion, sexual orientation, disability or transgender identity. Examples of hate incidents are verbal abuse, bullying, intimidation, harassment, abusive phone calls, online abuse, graffiti and threats of violence. Where there is overlap with the criminal law a hate incident may also be a criminal offence and if so, is referred to as a hate crime. Hate crime is not a specific criminal offence in itself, rather it denotes a criminal offence such as assault, harassment, sexual offences, criminal damage and hate mail, which is perceived to be motivated by hostility or prejudice based on race, religion, sexual orientation, disability or transgender identity.
Where we refer to‘ hate crime’, the Taskforce has used the definition set out by the Home Office:
‘ Any crime that is motivated by hostility on the grounds of race, religion, sexual orientation, disability or transgender identity can be classed as a hate crime.’ 4
2 https:// www. gov. uk / guidance / domestic-violence-and-abuse
3 http:// www. gov. scot / Resource / 0045 / 00454152. pdf
4 p. 12 https:// www. gov. uk / government / uploads / system / uploads / attachment _ data / file / 543679 / Action _ Agai nst _ Hate _-_ UK _ Government _ s _ Plan _ to _ Tackle _ Hate _ Crime _ 2016. pdf
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