Chamber and committees

Police Scotland submission of 18 February 2022

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

I write in response to your recent correspondence, which was received via email on the 21 January 2022, I can offer the following response.

In respect of points one, two and three:

1. “Make domestic abuse policies, guidance, agendas and practices gender neutral”.
2. “Introduce equal domestic abuse provision and funding for everyone in Scotland - regardless of any protected characteristic”.
3. “Ensure all domestic abuse Joint Protocol guidance, policies and practice for Police Scotland and Crown Office and Prosecutor Fiscal Service are gender neutral”.

I would offer comment that all of the work of Police Scotland is underpinned by our commitment to clear equality and diversity values. This is evident in our continued engagement and interactions with our partners and the public.

Effectively tackling domestic abuse is an organisational priority for Police Scotland and we are committed to working with all partners to reduce the harm it causes and ultimately eradicate it.

Domestic abuse is a despicable and debilitating crime which affects all of our communities and has no respect for ability, age, ethnicity, gender, race, religion or sexual orientation.

The Joint Protocol between Police Scotland and Crown Office and Procurator Fiscal Service (COPFS) defines domestic abuse as:

“Any form of physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct and which takes place within the context of a relationship. The relationship will be between partners (married, co-habiting, civil partnership or otherwise) or ex-partners. The abuse can be committed in the home or elsewhere including online.”

The definition of domestic abuse does not distinguish roles according to a person’s sex or gender and encompasses the entire spectrum of behaviour by perpetrators.

It is acknowledged through statistical analysis of domestic incidents recorded by Police Scotland that domestic abuse, as a form of gender based violence, is predominately perpetrated by men against women. In 2020-2021, 80% of all record domestic incidents featured a male perpetrator and a female victim.

This definition also acknowledges and includes abuse of male victims by female perpetrators and includes abuse of lesbian, gay, bisexual, transgender and intersex (LGBTI) people within relationships.

While it is acknowledged that domestic abuse is a form of gender based violence, there is no variance in the level of service a victim will receive regardless of their sex or gender.

The gender identification of individuals who come into contact with the police will be based on how they present unless an alternative gender is disclosed. This is the case for all offences. In the context of operational duties, officers do not routinely ask the sex or gender of people they interact with.