Police Scotland have been accused of breaching their own strategic commitment to take violence against females seriously after a man who attacked a woman at a protest escaped with a caution from officers.
Neale Hanvey, the Alba MP, has written to deputy chief constable Jane Connors, to raise his concerns over the force's response to the incident which happened in Aberdeen last month.
As previously reported in The Herald, Julie Marshall said she was punched in the arm and head at a rally organised by the feminist group Women Won’t Wheesht in the city's Duthie Park on July 23.
Police defended the warning given to the man, saying they were acting "in line with the Lord Advocate’s guidelines." But their decision sparked fury from Ms Marshall and her supporters who said officers had acted too leniently.
Ms Connors will be in charge of the force when chief constable Sir Iain Livingstone retires next Thursday and his successor Jo Farrell takes over the role in October.
In his letter to the deputy chief constable, Mr Hanvey reminded her that in March this year she launched a new strategy to tackle violence against women and girls (VWAG) where she said: 'We are committed to creating a society where women and girls live free from violence, abuse, exploitation and harassment.'
Mr Hanvey said the force's objectives were "welcome" and "laudable" but added that "for such ambitions to be considered credible requires an operational implementation that is consistent, and is seen to be so, with the strategic aims of the force’s leadership and the letter of the law".
He added: "There has been an understandable level of concern from the public that such an assault took place at all. However, what is most alarming is the apparent dismissal of this matter by Police Scotland and the failure to prepare charges and refer the matter to the Crown Office and Procurator Fiscal Service (COPFS) for consideration.
"To anyone who holds concerns about violence being perpetrated against women and girls this decision is inexplicable, alarming, and wholly inadequate and is comprehensively in conflict with the espoused strategic position of Police Scotland as established in March 2023."
Mr Hanvey went on to question whether the Lord Advocate's guidelines would allow an assault to be dealt with without a referal to the Crown Office and asked for them to be published.
"These guidelines and associate instructions must be published forthwith to allow full and thorough scrutiny of their content and how they were used to qualify this appalling decision," he said.
"It is of significant note that Mr Roddy Dunlop KC, Dean of the Faculty of Advocates, made the following comment on social media in relation to the guidelines referenced by Police Scotland. 'I certainly can’t believe there are guidelines that say it’s ok to punch a woman, or it’s ok if the assailant is demonstrating. So there is a guideline saying that someone punching
someone else in the street should receive a warning? Really? What about zero tolerance of VAWG?'"
In a letter last month to Sir Iain Livingstone the policy analysis collective Murray Blackburn Mackenzie also expressed concerns over the caution.
They warned that not taking complaints of assault seriously could infringe on the right to free expression and freedom of assembly.
They also questioned how the warning aligned with Police Scotland's Violence against Women and Girls (VAWG) strategy launched in March.
Police defended the decision, saying they were acting ”in line with the Lord Advocate’s guidelines.”
Women Won’t Wheesht are critical of the Gender Recognition Reform Bill passed by the Scottish Parliament last December to simplify the process for a trans person to obtain a Gender Recognition Certificate (GRC).
They also warned questioned how the warning aligned with Police Scotland's Violence against Women and Girls (VAWG) strategy launched in March.
The legislation, which has been blocked by the UK Government, removes the need for a medical diagnosis of gender dysphoria.
Women Won’t Wheesht are one of a number of groups opposed to this so-called self-ID, expressing concerns that could it have implications for women’s rights and single sex spaces.
However, supporters of the legislation have long argued that it is trans rights that are under threat and that the current system for obtaining a GRC is often demeaning, intrusive and traumatic.
After news of the rally became public, a counter-protest was organised by trans activists in the city.
When members of Women Won’t Wheesht turned up at the bandstand in the park at noon to set up, counter protesters were already there.
Ms Marshall said one of the rival protesters ran over and tried to take one of her group’s banners. When she and one of her fellow activists tried to take it back, she says the man swung round and hit her on the arm and head. She said she feared he would have hit her again had a passerby not intervened.
Police were then called, with the force saying they were “made aware of an assault of a 54-year-old woman during the event” and that “an individual, aged 26, has received a recorded police warning in connection with the incident.”
A spokeswoman for Police Scotland said Ms Connors had not yet received Mr Hanvey's letter and could therefore not respond.
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