Chamber and committees

Petitioner submission of 6 December 2021

PE1909/B - Remove the "gender-based crime" domestic abuse narrative and make it gender neutral and equal

Scotland

Issues disproportionately affecting men in Scotland,

• 83% homicides, men (0)
• 86% rough sleeping (3 months), men (1)
• 72% assessed homeless in last year, men (1)
• 71.4% died by suicide, men (2)
• 73% drug deaths, men (3)
• Men lower life expectancy rate that women (4)
• Increase in Domestic Abuse (DA) male victim, female accused 2019-2021 (5)
• Decrease in DA female victim, male accused 2019-2021 (5)

DA (Scotland) Act 2018

Acknowledges gender neutral “course of conduct”

Government Strategy

Equally Safe (VAWG) describes women and girls as being more at risk from violence and abuse in Scotland (5) Creates bias towards men.

Police Scotland and COPFS guidance

This guidance on DA describes this crime mostly perpetrated by men towards women. This guidance states, in most circumstances, to only report one person to the COPFS (6) Creates bias towards men, and those seen as perpetrator.

Police Cultures

Police Scotland unhealthy cultures,

Old boys club (8)

Machismo, (7, point 9.47)

Unconscious Bias (7, point 9.78)

Sexism (8)

Discrimination (7, point 9.86)

Misogyny (8)

Equality (7, point 9.78)

Diversity (7, point 9.78)

My experience 2019-2021

Before 2019

• No convictions
• Never been arrested

22nd June 2019

I reported a female for stalking and DA

2 male officers failed to,

• Record my report properly
• Secure evidence (email evidence, referred to as non-criminal)
• Record witness statements
• Investigate
• Follow Joint Protocol guidance

Police investigation upheld officers failed to do their job properly, March 2020.

The 2 officers were given learning points, refer and learn DA police guidance.

23rd June 2019

The same 2 officers contacted my female abuser, disclosed details of my DA report, but did nothing. Police confirm contacting her, but no written or other record of this. (Confirmed SAR data)

12th July 2019

I approached police to report the female for false allegations and DA. (8)

I was arrested and charged with stalking/DA.

Police secured email evidence of female criminality (exculpatory evidence). Referred to as non-criminal. No investigation.

I asked to make a counter allegation report. Police failed to do this.

7 charges brought against me.

Police investigation upheld (after PIRC involvement (8)) officers failed to record a counter allegation report when I asked, March 2020-April 2021.

The reporting officer told to learn DA Police Standard Operating Procedure.

July 2019

COPFS created a libel (begin 13th May 2019) after the date of my defence exculpatory email evidence (11th-27th April 2019).

Prosecution ensured this could not be raised/discussed in court.

COPFS did not instruct police to arrest female relating to email evidence.

January 2020

I make 4 complaints about police,

• Failed to investigate DA report, upheld (March 2020)
• Direct discrimination based on sex, not upheld (8)
• Direct discrimination based on perception of a disability, not upheld (wrong wording used) (8)
• Failed to take a counter allegation report, upheld (April 2021) (8)

14th March 2020

Police instructed to take counter allegation report.

DAVRU,

• Take report
• Secured email evidence - criminality identified (same evidence as June and July 2019, and defence exculpatory)
• Investigated

15th March 2020

Police confirm in writing female conduct stalking and DA, DA (Scotland) Act 2018. Course of behaviour, unity of purpose confirmed (email from Police, DAVRU)

11th July 2020

COPFS take 4 months to instruct arrest

Police arrest female for ‘persistent unwanted contact’, communications offence.

Not charged; claim no corroborative evidence.

7th September 2021

Criminal proceedings and 7 charges against me thrown out of court by COPFS.

All stats still recorded – unethical.

I believe that Police and COPFS unconscious bias and discrimination supported by agendas, guidance, led to unfair, unequal treatment.

As a result, I experienced,

• Homelessness
• Financial abuse (£6,000+)
• Legal administrative aggression abuse
• Personal and Professional reputational damages
• Mental health damages (including daily suicidal ideation)
• Lack or no DA support, advocacy or help
• Distress to me and my children

Statistics

Police Scotland DA stats (17)

• 2019 to 2021 - 211 increase male accused; 864 increase female accused
• 40% of all stats only where DA crime present
• No recorded DA counter allegation stats or false allegations recorded
• Does not show accurate picture of DA

COPFS DA stats (16)

Only show individual charges

Does not show how many people were convicted of DA

Cannot claim this shows number of men or women convicted of DA

Provision

Male victims but no male refugees in Scotland (15); unequal provision

Substantial funding disparities: AMIS, £12,625, 2 years (13); Scottish Women’s Aid, £1,185,827, 1 year (14)

Education

Equally Safe at School, bias taught in schools https://www.equallysafeatschool.org.uk/about/https://www.equallysafeatschool.org.uk/about/ to young boys

Don’t be that Guy, bias public campaign (https://that-guy.co.uk/about/) by police (8)