Domestic Abuse - Introduction PDF

OFFICIAL Unit 6 Lesson 7.1...

OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Learning Aim: The learner will be able to explain the impact of Domestic Abuse and the Police role in protecting victims Learning Outcomes: Introduction On successful completion of the lesson, The term domestic abuse is used to describe students will be able to:- a wide-ranging variety of behaviour from an argument to an assault and sometimes 1. Define Domestic Abuse as agreed by murder. Domestic abuse is common and it is Police Scotland and COPFS. easy to become complacent about being sent to such calls, as often no person will have been physically injured. However, a domestic 2. Outline the concept of coercive abuse incident is rarely a one off event. control. Over time, domestic abuse tends to increase in frequency and severity. Over 50% of Outline the offence created by women murdered in Scotland are killed by Section 1, Domestic Abuse their partner or ex-partner and in many of (Scotland) Act 2018. these cases, police officers have previously attended at some form of domestic dispute. It is therefore important that every domestic 3. Describe the aggravation of an dispute is dealt with in a professional well- offence as detailed in Section 5, informed manner. This intervention could Domestic Abuse (Scotland) Act make a difference. 2018. The definition of domestic abuse agreed by Police Scotland and COPFS is:- 4. Identify the trigger points of domestic abuse. "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, cohabiting, civil partnership or otherwise) or ex- partners. The abuse can take place in the home or elsewhere including online”. 1 th Amended 12 March 2024 v.4 OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Health and Safety HS Domestic abuse affects many people. For some this will be a difficult and upsetting subject and this should be borne in mind whilst working through the lesson and undertaking the activities If you have experienced or have been affected by domestic abuse, help is available from your instructor/ other staff member, a wellbeing champion or someone you trust. Alternatively, consider calling a helpline such as Scotland’s Domestic Abuse and Forced Marriage Helpline, Woman’s Aid or other agency. It is acknowledged that domestic abuse, as a form of gender based violence, is predominantly perpetrated by men against women. 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. Many calls to domestic abuse incidents will be made by third parties. Often this will be in response to a concerned neighbour who will telephone the police after hearing an argument or something else of concern. Sometimes a child will dial "999" after witnessing one parent assaulting the other. 2 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Incidents Recorded by Police Scotland 2021-2022 3 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Coercive Control Coercive control is a pattern of controlling and abusive behaviour which seeks to take away someone’s liberty or freedom and strips away their sense of self. Abusive behaviours may include isolating an individual from friends and family, degrading them, playing mind-games with them by making unreasonable demands, controlling everyday aspects of their lives by monitoring their phone calls, how they dress, how much food they eat, their social activity and finances and destroying their possessions. In this type of relationship, the perpetrator creates a world in which the victim is constantly monitored and criticised, with their every move being checked against an unpredictable and ever-changing set of rules. The rules are based on the perpetrator’s stereotyped view of how the victim should behave, rules about how they cook, house-keep, parent, perform sexually and socialise. This surveillance can continue even when the perpetrator is not present by way of constant phones calls or texts, spyware on computers, knowledge of email and social media passwords and using children to report on movement. This environment creates fear and confusion for the victim, who will often inform officers that “it is like constantly walking on eggshells”. As we know, domestic abuse can (and does) happen anywhere and coercive control intensifies this by brainwashing individuals into accepting and adopting rules, and adapting their behaviour to survive within the relationship. Further examples of Coercive Control:- Controlling who they see or where they go. Taking away or restricting decision-making abilities. Controlling or restricting financial independence. Depriving or regulating their basic needs. Undermining their character, appearance, opinion, etc. Setting unrealistic or demanding expectations. Degrading, humiliating, threatening or punishing them. 4 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction The Power and Control Wheel The Power and Control Wheel - developed in the 1980s in Duluth, Minnesota by the Domestic Abuse Intervention Project - was created by speaking with those who had experienced domestic abuse. They found that many victims had common experiences of abuse from their abusive partners and used this to develop the wheel. The wheel explains how abusers use a range of tactics, which we identify as coercion and control. Physical and sexual abuse are used to reinforce these other techniques. Often behaviours overlap and are not used in isolation. For example, a perpetrator might prevent their partner from getting a job by putting them down and use emotional abuse to destroy their confidence. This in turn reinforces the isolation and financial abuse as the partner will be more reliant on them for their basic needs. Coercion and control is not about individual incidents, it is a pattern of behaviour. Using the Power and Control Wheel can help to identify the range of behaviours present when dealing with domestic abuse. DOMESTIC ABUSE INTERVENTIONS PROGRAM www.theduluthmodel.org 5 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction The Power and Control Wheel - Examples Isolation limiting outside involvement making another avoid people/friends/family by deliberately embarrassing or humiliating them in front of others expecting another to report every move and activity restricting use of the car moving residences Emotional Abuse putting another down/name-calling ignoring or discounting activities and accomplishments withholding approval or affection making another feel as if they are crazy in public or through private humiliation unreasonable jealousy and suspicion playing mind games Economic Abuse preventing another from getting or keeping a job withholding funds spending family income without consent and/or making the partner struggle to pay bills not letting someone know of or have access to family/personal income forcing someone to ask for basic necessities Intimidation driving recklessly to make another feel threatened or endangered destroying property or cherished possessions making another afraid by using looks/actions/gestures 6 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction throwing objects as an expression of anger to make another feel threatened displaying weapons Using Children or Pets threatening to take the children away making the partner feel guilty about the children abusing children or pets to punish the partner using the children to relay messages Using Privilege treating another like a servant making all the big decisions being the one to define male and female roles acting like the master or queen of the castle Sexual Abuse sex on demand physical assaults during sexual intercourse spousal rapes or non-consensual sex sexually degrading language denying reproductive freedom Threats threats of violence against significant third parties threats to commit physical or sexual harm threats to commit property destruction threats to commit suicide or murder Physical Abuse biting/scratching slapping/punching kicking/stomping throwing objects at another locking another in a closet or utilising other confinement 7 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction sleep interference and/or deliberately exhausting the partner with unreasonable demands and lack of rest deprivation of heat or food shoving another down steps or into objects assaults with weapons such as knives/guns/other objects Activity 1 A1 Kirsty and Scott have a 6-year-old son, Archie, and they live just north of Inverness. Kirsty does not work anymore as Scott insists she prioritises childcare and maintenance of the home, which he owns. She finds it hard to get about as Scott takes the car keys to work, except on shopping days, and he monitors petrol usage. She had a friend who lives in Inverness but Kirsty hasn’t seen her for months as Scott was not happy about her using the car. Scott gives Kirsty a weekly allowance for food shopping and she has no other access to money. He bought her a phone but it doesn’t have internet and he doesn’t put credit on it. He phones her regularly throughout the day while he is working. Kirsty’s family live in Dumfries. If they want to FaceTime her they have to do it via his phone. Kirsty’s mum sent her some birthday money which she hid in the lining of her jacket pocket. When her mum asked her about it on FaceTime, Scott was listening. He got really angry and shouted at Kirsty in front of Archie, and her mum heard it too which really embarrassed Kirsty. Archie was crying and took ages to settle afterwards. Scott made Kirsty give him the birthday money and stopped her allowance for two weeks. Kirsty calls you from a neighbour’s house and sets up a visit when Scott is at work. She tells you the FaceTime incident was the last straw. Scott has these outbursts regularly and it’s upsetting for her and Archie. She says she feels trapped and although she’s worried about Scott finding out, she wants to know if there is anything you could do. 8 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Activity 1 continued A1 In syndicate groups list examples of Coercive Control in the Case Study using the elements of the Power and Control Wheel. Domestic Abuse (Scotland) Act 2018 Covers coercive controlling behaviours that have a long-lasting effect on both the adult victim and children, effects that this offence will reflect. This section can only be applied to offences committed after 1st April 2019. For offences prior to this date, officers must give consideration to alternative substantive offences. Offence Section 1 of the Domestic Abuse (Scotland) Act 2018 A person commits an offence if all the following 3 conditions are met:- 1. they engage in a course of behaviour which is abusive of their partner or ex-partner and; 9 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction 2. that a reasonable person would consider the course of behaviour would be likely to cause the victim physical or psychological harm; this includes fear, alarm and distress and; 3. that they intend the course of behaviour to cause the victim to suffer physical or psychological harm, or is reckless as to whether it causes harm. Feedback 1 F1 There are many examples that could be considered and these include: Isolation from friends and family car and mobile phone access control of keys Economic limiting access to money no bank account food allowance no employment taking of gifts Control and Monitoring limiting fuel for travel controlling calls feeling trapped calls through the day Intimidation shouting regular outbursts punishment - allowance stopped 10 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction What Constitutes Abusive Behaviour? Under Section 2 of the legislation a non-exhaustive list of abusive behaviours includes:- Behaviour that is violent (physical or sexual) Behaviour that is threatening or intimidating Behaviour that is directed at the person, a child (under 18) or any other person that has as its purpose one or more of the following effects: Making the person feel dependent or subordinate Isolating them from friends/relatives/sources of support Controlling or monitoring their activities Depriving or restricting their freedom of action Frightening, humiliating, degrading or punishing them A "course of behaviour" constitutes behaviour on at least 2 occasions which is abusive of a partner or ex-partner. The behaviour need not be the same on the 2 or more occasions provided it meets the definition of abusive behaviour. COPFS require corroboration for a course of behaviour. This means that there must be corroborated evidence (2 sources) of at least two incidents of abusive behaviour – to show that:- The abusive behaviour took place That the accused was the perpetrator There are a few key points to note with this test:- The test as to whether a reasonable person would consider the course of behaviour to be likely to cause the victim to suffer physical or psychological harm is an objective test. It is not required to establish that each individual incident of behaviour was likely to cause harm, but rather that the course of behaviour is likely to cause harm. 11 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Section 1 - Defence There is a defence that the course of behaviour of the accused was reasonable in the particular circumstances. Where the defence is raised, COPFS has to lead sufficient evidence to disprove it. In limited circumstances, an accused may be able to provide a reasonable explanation for behaviour that could be considered abusive under the terms of the offence. For the defence to be made out a court has to be satisfied, on the whole evidence heard, that the behaviour was reasonable in the particular circumstances (and an evidential burden is placed on the accused to raise the issue meaningfully in the course of the case). This might be, for example, a person ‘controlling’ a partner to prevent them causing harm to themselves or their children, or because that partner was suffering from dementia or limiting access to money to prevent an alcoholic partner from buying alcohol. Section 5 - Aggravation There is an aggravation added to a charge should the offence involve a child under the age of 18 years. This is covered under Section 5 Domestic Abuse (Scotland) Act 2018. This aggravator should be added if:- 1. At any time during commission of the offence: Behaviour is directed at a child The person makes use of a child 2. A child sees, hears or is present during an incident Note:- For the two points above, the relationship of the child to either party is irrelevant. 3. A reasonable person would consider the course of behaviour to be likely to adversely affect the child residing with either party Note:- The child must usually live with the victim or accused. There only needs to be a single source of evidence to prove the aggravation and there is no need to prove that the child was aware or understood the behaviour. 12 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Activity 2 A2 In groups, refer to the previous case and detail if the behaviour meets the criteria for the offence; i.e. 1. Has Scott engaged in a course of behaviour towards Kirsty which is abusive? 2. Is Kirsty likely to suffer physical or psychological harm? 3. Does Scott intend this to happen or is he reckless as to it happening? 4. Has this offence been aggravated? What are the potential sources of evidence that you could use to build your case? 13 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Trigger Points Research shows that the following factors may trigger domestic abuse:- Moving in together Engagement Marriage Pregnancy Birth of a Child Termination of a relationship A reason for this may be that all these trigger points give an abusive partner the opportunity to use their power to control the other partner’s behaviour. As we have already seen this is the nature of domestic abuse. These trigger points are life changing events, which have the potential to affect the balance or equilibrium of a relationship. Engagement, moving in together or marriage can result in one partner believing they now have the right to put rigid controls on the other e.g., deciding how much money the partner can spend, when they can go out etc. Pregnancy and the birth of a child will change the focus of a relationship away from the “needy” abusive partner. The new parents priority will be fulfilling the needs of the new baby. Their partner’s needs will be secondary. Wellbeing W At all times you should be aware of your own mental and physical wellbeing, as well as that of your colleagues. Talk to your supervisor or colleagues with any concerns you have. There are many support options available to you including TRiM counsellors and the Employee Assistance Programme. Please refer to Unit 5 lesson note on ‘Health and Wellbeing’ and information available on the Police Scotland intranet. 14 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction Feedback 2 F2 1. Yes. Scott's course of abusive behaviour includes isolation, financial control, who Kirsty speaks to, restricting her freedom, control of money etc. There has been a pattern of behaviour and a number of separate incidents of abusive behaviour which amount to a course of conduct. 2. Yes. Although there has been no physical harm, the psychological harm to Kirsty is evidenced through her stating she is upset, embarrassed and feels trapped. Her lack of finance and support makes her feel this way, highlighting her belief she cannot escape her circumstances. 3. Scott's control is clearly intentional, highlighted by his continual outbursts, even in front of her mother on FaceTime. He takes Kirsty's money and controls her movements. 4. Yes. Archie was present during an outburst from Scott but is also resident within the domestic abuse environment. When considering your evidence there are many things to consider. Although not an exhaustive list, here are a few sources:- Statement from Kirsty Statement from Kirsty's mother Statements from family and friends who may speak to isolation Statement from neighbour as may have confided in her or she may have overheard previous incidents Bank statements highlighting financial restrictions Phone bills showing Scott's regular phone calls Joint Interview with Archie Speaking to Archie's school 15 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 7.1 Domestic Abuse - Introduction For further information, use the resources shown below:- Domestic Abuse Toolkit Review: You can define Domestic Abuse as agreed by Police Scotland and COPFS You can outline the concept of coercive control You can outline the offence created by Section 1, Domestic Abuse (Scotland) Act 2018 You can describe the aggravation of an offence as detailed in Section 5, Domestic Abuse (Scotland) Act 2018 You can identify the trigger points of domestic abuse Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 16 Protection and Wellbeing in Our Communities OFFICIAL