PSYCHOLOGICAL domestic abuse has been criminalised in Scotland in a landmark move expected to set “a new gold standard” in legislation.
New laws will target not just physical assaults, but “psychological abuse and coercive and controlling behaviour” in a bid to reach cases that couldn’t be easily prosecuted in the past.
Scotland’s top law officer said the move will give prosecutors the tools they need to tackle the "very real" psychological harm caused by perpetrators' undermining and controlling behaviour.
Lord Advocate James Wolffe QC said: "Victims of domestic abuse should be in no doubt that where criminal conduct is perpetrated against them and they come forward and report it, they will be taken seriously and they will be treated with respect.”
The top prosecutor said he would measure the success of the changes in the confidence of victims to come forward and report cases, and "in a culture change in which the kind of behaviour that we're dealing with here is recognised to be not simply unacceptable but unlawful".
He added: "I think there's a sense of excitement across the system that this really does allow the system to respond in a more effective way to the kinds of circumstances that they see every day in their working lives."
Justice Secretary Michael Matheson said it was a “momentous day”, insisting laws will now “reflect the experience all too many women have suffered”.
He added: “Attitudes towards domestic abuse have changed considerably since this Parliament was established in 1999.
“Back then, some were of the mindset that domestic abuse – especially where it did not involve physical violence – was a private matter.
“Attitudes have rightly changed – albeit further work is needed to challenge lingering outdated or dismissive attitudes.
“I am very grateful to the domestic abuse survivors who presented their evidence to the Justice Committee.
“Their courage helped shaped the legislation I brought to Parliament, and their actions will help the justice system prosecute those who commit one of society’s most insidious crimes.”
Mr Matheson previously announced dedicated funding to train police officers to identify the new offence.
A public information campaign will also kick off before the legislation is brought into force.
The Scottish Government has given Scottish Women's Aid an extra £165,000 to train staff at the charity to promote understanding of coercive control.
The Domestic Abuse (Scotland) Bill was passed in a near-unanimous vote at the Scottish Parliament, with just one MSP voting against.
This was later revealed to be the Scottish Conservatives’ Margaret Mitchell, who said it was a “complete mistake”.
A Scottish Tory spokesman said: “She didn’t have her glasses on at the time, and is extremely upset about the error.
“She is completely supportive of the bill, and spoke to that effect in her closing speech today.”
The new legislation covers the full breadth of violent, threatening, intimidating and other controlling behaviour which can destroy a victim's autonomy and further recognises the adverse impact domestic abuse can have on children.
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