Police Scotland Honour Based Abuse PDF

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Summary

This document provides training material on Honour Based Abuse (HBA), Forced Marriage (FM), and Female Genital Mutilation (FGM) for police officers in Scotland. It includes definitions, examples of HBA, and policing priorities related to responding to these issues.

Full Transcript

OFFICIAL Unit 6 Lesson 6...

OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Learning Aim: The learner will be able to explain Honour Based Abuse and outline considerations for dealing with it Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- Police Scotland recognises Honour Based Abuse (HBA), Forced Marriage (FM) and 1. Define Honour Based Abuse (HBA). Female Genital Mutilation (FGM) as complex issues affecting specific communities. 2. Detail the considerations for dealing with Police Scotland is committed to working in HBA. partnership with both statutory and non- statutory organisations to reduce the harm caused by HBA, FM and FGM by providing a professional and consistent approach to victims, families and communities. Victims are often isolated and vulnerable within society. In dealing with cases, all police officers and police staff will treat victims and their families in a fair, sensitive and ethical manner. 1 st Amended 1 March 2024 v.5 OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Policing Priorities The priorities in responding to HBA, FM and FGM are as follows:- To protect the life and wellbeing of every victim To take the needs and views of the victim into account given the sensitivity of the issues and the potential impact such serious offending can cause a victim; Every report of HBA, FM and FGM will receive a consistent response; Every reported HBA, FM and FGM incident/crime will be investigated thoroughly; and Every person (adult or child) who is a victim or potential victim will receive protection and safety advice and be offered a referral to a relevant support service Honour Based Abuse Definition There is no specific crime of "Honour Based Abuse". It is an umbrella term to encompass various crimes covered by existing criminal legislation. Police Scotland utilises the definition of honour based abuse as; “The terms ‘honour crime’, ‘honour-based abuse’ and ‘honour- based violence’ embrace a variety of incidents or crimes of violence (mainly but not exclusively against women), including physical abuse, sexual violence, abduction, forced marriage, imprisonment and murder where the person is being punished by their family or community. They are punished for actually, or allegedly, ‘undermining’ what the family or community believes to be the correct code of behaviour. In transgressing this, the person shows that they have not been properly controlled to conform by their family and this is to the ‘shame’ of the family. ‘Honour crime’ may be considered by the perpetrator as justified to protect or restore the ‘honour of the family.” (Scottish Government 2014) 2 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Background Information The term honour based violence was previously and commonly used to refer to HBA. Recognising that not all aspects of HBA are violent, Police Scotland consider the term Honour Based Abuse (HBA) more appropriate. Women and girls of all ages are predominantly, but not exclusively the victims of HBA. Women must follow rules that are interpreted according to what family members consider acceptable. In some communities, traditional attitudes where women are regarded as subordinate to men are still widely held. Breaking the rules is seen as destroying the good name of the family and deserving of punishment. Perpetuating the belief that women are subordinate to men can lead to some families/communities feeling justified in their actions in controlling women’s behaviour and depriving them of equal human rights and fundamental freedoms. Activity 1 A1 Discuss in groups what types of behaviour may be perceived as undermining the ‘honour’ of a family/community. List them below:- 3 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Examples of Honour Based Abuse Honour Based Abuse is not discriminatory, it affects both men and women and may apply to any age group, therefore children, young people and adults can all be victims. HBA is a cultural rather than a religious issue and is condemned by all religions. HBA is often committed with some degree of approval and/or collusion from family and/or community members. Relatives, irrespective of gender, may conspire, aid, abet or participate in HBA. Examples may include:- Physical abuse Domestic Abuse (incl. physical, coercive, psychological, sexual, financial or emotional abuse) Controlling sexual activity Sexual abuse, rape Forced abortion Fear of, or actual forced marriage Stalking and harassment Abduction Unexplained death (suicide) Murder Female Genital Mutilation (FGM) Cultures in which HBA exist often practice Female Genital Mutilation (FGM) and/or Forced Marriage. Whilst the behaviours may amount to HBA, they are also recognised under their specific terms. Just as other forms of HBA aim to prevent women from damaging a family or community’s honour through their sexual activity, in most cases, FGM can be seen as an attempt to prevent female infidelity and sexual independence by reducing a woman’s sex drive. What is FGM? Female genital mutilation comprises all procedures involving the partial or total removal of the female external genitalia, or other injury to the female genital organs for non-medical reasons. 4 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse There are different types of FGM, ranging from a symbolic jab/pierce to the vagina to the removal and narrowing of the vagina opening. FGM is also known as female circumcision, cutting or Sunna. Please note the phrase circumcision is not widely used by campaigners and supports groups any more due to its connotations with male circumcision which is not comparable. Male circumcision is not used to control, preserve or limit a males sexuality or pleasure, nor does it carry the same health risks. FGM on a child under 18 years of age is child abuse in the UK and a grave violation of the human rights of girls and women. There is no religious basis for FGM. Where information is received that a child is to be or has been subject to FGM then child protection processes and safeguarding should follow – i.e make the child safe, VPD, IRD, engage with partners. All adults who have or may be subject to FGM should be appointed a specialised officer (SOLO) to capture their full statement, but it acceptable for the attending officer to ask initial open questions sensitively. Scottish communities most at risk are women from countries who practice FGM and include Somalis, Sudanese, Iraqi Kurds, Eritreans, Egyptians, Nigerians, Kenyans, Yemenis and Indonesians. What are the Signs That a Girl May be at Risk of FGM? Indicators a girl is being prepared for FGM to take place include; Knowing that the family belongs to a community, in which FGM is practiced Preparing for the child to take a holiday Arranging vaccinations or planning an absence from school The child may talk about a "special procedure" taking place Indicators that FGM may have already occurred include a prolonged absence from school with noticeable behavioural change on return. The child may spend long periods away from classes, or other normal activities, possibly with bladder or menstrual problems. 5 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse FGM and the Law Prohibition of Female Genital Mutilation (Scotland) Act 2005 FGM has been an offence in the UK since 1985. Legislation was updated and strengthened in the 2005 Act. The penalty on conviction is up to 14 years imprisonment. The definition of FGM is when:- A person who performs an action in relation to the whole or any part of the labia majora, labia minora, prepuce of the clitoris, clitoris or vagina of another person is guilty of an offence Those actions are: excising it; infibulating it; or otherwise mutilating it This makes it an offence: To carry out FGM on another person in UK this applies to UK residents or any person arriving into the UK to carry out the procedure (often known as a cutter). To aid, abet, counsel, procure or incite another person to commit an offence of FGM. e.g. arrange a cutter coming into the UK, or arranging for the person to be taken somewhere else in the UK for the procedure to take place. To aid, abet, counsel, procure of incite a person to carry out FGM on herself. For any UK resident to commit FGM outside of the UK. Forced Marriage Forced Marriage is a crime in Scotland and an example of HBA. Article 16 of the Universal Declaration of Human Rights states:- "Marriage shall be entered into only with the free and full consent of the intending spouse" No-one should be pressured into marrying someone they don’t want to and if one or both parties do not, or cannot, consent to a marriage then it is a forced marriage. Forced Marriage must not be confused with arranged marriages. In an arranged marriage, while families take a lead role in choosing 6 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse the marriage partner, the marriage takes place with the consent of both parties. Age can be a factor and some forced marriages involve children and young people. Forced marriage cannot be justified on religious grounds; every major faith condemns it, and freely given consent is a pre-requisite of Christian, Jewish, Hindu, Muslim and Sikh marriages, as well as marriage in other major religions. Police Scotland defines forced marriage as:- “A Forced Marriage is a marriage in which one or both parties do not (or, in the case of some adults with learning or physical disabilities, cannot) consent to the marriage and duress is involved. Duress includes both physical and emotional pressure. It is very different from arranged marriage, where both parties give their full and free consent to the marriage.” Identifying Honour Based Abuse As with certain other crimes it is important to note that HBA enquiries could potentially start as a missing person report. It is important to note that links between the investigation of another offence or incident and HBA may not always be apparent. HBA should always be borne in mind by officers and staff taking reports. If you have any cause to suspect that HBA may be involved inform your supervisor and seek advice from relevant departments. It is vital that an accurate and fast assessment is made for anyone experiencing HBA or FM to keep them safe Remember:- It is better to do something and be wrong than do nothing and be proved right. Considerations for Victims of HBA The victim must be spoken to alone and if willing, they should be taken to a neutral place to be interviewed. If an interpreter is required, officers must ascertain if the victim has knowledge of the interpreter and if they pose a risk to them. Under no circumstances should a family member or community member be used as an interpreter. 7 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Note:- When requesting an interpreter or translator, officers should, where practicable, afford the victim the opportunity to specify the gender of any interpreter. Initial Actions The initial priority will be the safety and wellbeing of the victim’s family and other persons present. Officers must conduct checks and searches to ensure the welfare of any person, being mindful of the statutory duty to protect life. Where a report of HBA, FM, FGM is identified, officers must inform their supervisory officers. A full briefing should be provided to the HBA SPOC and Domestic Abuse Investigation Unit or equivalent. If out of hours contact should be made with a senior detective officer on duty. When someone is experiencing HBA or FM it is vital to make an accurate and fast assessment of the danger they are in, taking cognisance of the ‘one chance rule’ so they can get the help they need as quickly as possible. Officers and staff dealing with HBA and FM are responsible for undertaking a dynamic risk assessment to ensure the safety and wellbeing of themselves, victims, and any other relevant persons. Robust risk management is required when dealing with any such incidents of HBA. In the initial stages, Section 1 of the HBA and FM Risk Assessment and Protection Plan form (Form 078-001) will be completed The form should then be forwarded to the Domestic Abuse Investigation Unit (DAIU) or PPU where the information will be centrally collated The following information should be gathered:- Personal description of the victim Photograph of the victim. Elimination prints and DNA reference swab should also be considered, if taken this should be recorded on iVPD (there is no legal basis here and photographs and samples should be obtained only with consent) Refer to guidance document - Obtaining Samples from Victims/Potential Victims of Honour Based Violence or Forced Marriage If victim a child or young person – school attended Details of immigration status where applicable 8 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Passport number and copy of passport – some nationalities have two passports, officers should encourage the victim to travel using only the British passport. National Insurance number Drivers licence details List of vehicle used by victim family and suspects Details of extended family including addresses Details of any proposed forced marriage including name of spouse and location Any travel itinerary including return date Information in relation to risk identification Consider safekeeping of passport as additional safety measure (again with consent) A concern report should be completed on iVPD on every occasion, a crime report if appropriate and a SID log should be submitted. A Domestic Abuse Questionnaire (DAQ) should be carried where the HBA takes place within the context of a relationship. The protection and wellbeing of any associated children must be considered. All reports must be completed prior to the conclusion of the shift. Supervisory officers have a critical role to play in the initial operational response to HBA and FM and have overall responsibility for the immediate decisions that are made. In undertaking this responsibility, supervisors must satisfy themselves that a full and thorough safety plan is in place and that consultation with the divisional specialist department who deal with HBA/FM has been carried out. 9 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse One Chance Rule Officers and staff may have one chance to speak to the potential victim of HBA or FM, you may have ONE CHANCE to save a life. DO DO NOT (see below) Send them away/minimise Take them seriously their concerns See them immediately and Approach family or alone community (interpreters) Respect their wishes and Share information without reassure them consent Establish a means of safe Attempt to mediate contact These can be further explained by Do Not: Send them away/minimise their concerns Given the level of control often imposed on victims, it often takes a great deal of courage and careful planning for them to be able to approach the police. Their time may be limited and as such it is important that you listen to their report and take it seriously. It may be some time before they have an opportunity to tell someone again. Approach family or community Where a person whose first/preferred language is not English or where a person has speech, language and communication needs then consideration must be given to use an interpreter. Under no circumstances should family members, children or other persons be used to translate. If an interpreter is required, officers must ascertain if the victim has knowledge of the interpreter and if they pose any risk to them. We must always use an independent translator due to the fact that family/friends/community leaders may be involved in the abuse and may not translate an accurate account. A victim may therefore be reluctant to speak in front of them. A certified interpreter must be used to ensure that the information provided is an accurate account. 10 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Share information without consent The victim must always be told what information is being shared, with whom it is being shared, who will have access to it and why it is being shared. You should also ask/tell them if any other organisations are aware of the circumstances even if you are not planning to share information with them, i.e. third sector organisations such as child protection. Attempt to Mediate Never attempt to mediate. The immediate response to a report of HBA/FM is key to protecting victims and children and there must be no attempt to mediate or reconcile in such circumstances as it may unwittingly increase an individual’s vulnerability and place them in danger. Police officers and staff should not approach community or religious leaders for assistance. None of the foregoing negates your immediate responsibility in dealing with the perpetrators, as with any other crime, if you have sufficient evidence you should use your police powers to deal with them in the most appropriate way. Feedback 1 F1 Some behaviours which could be seen as undermining are: Inappropriate make-up or dress The existence of a boyfriend/girlfriend Rejection of a forced marriage Rejection of chosen wife/husband Pregnancy outside of marriage Interfaith relationships Leaving a spouse or seeking divorce Kissing or intimacy in a public place Sexual orientation Gender identity 11 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Activity 2 A2 Discuss in your groups and list below, barriers that may cause an individual not to report Honour Based Abuse. 12 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse Feedback 2 F2 Some barriers which may cause the non-reporting of Honour Based Abuse are: Fear of further or worse violence and abuse Love Feelings of obligation/duty towards the perpetrators Shame and guilt, fear of dishonour Fear of the unknown Fear of deportation or destitution Unaware of rights, services and lack of English language Fear of isolation and social ostracism Financial worries Impact on children and siblings Community and religious leaders encouraging problems to be solved within the community 13 Protection and Wellbeing in Our Communities OFFICIAL OFFICIAL Unit 6 Lesson 6 Honour Based Abuse For further information, use the resources shown below:- Honour Based Abuse SOP Forced Marriage SOP Female Genital Mutilation SOP Obtaining Samples from Victims/Potential Victims of Honour Based Violence or Forced Marriage Guidance document Review: You can define Honour Based Abuse You can detail the considerations when dealing with HBA 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 14 Protection and Wellbeing in Our Communities OFFICIAL

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