Domestic abuse and the law

Current legislation in Scotland that may be of use in a safeguarding situation.

Domestic Abuse (Scotland) Act 2018

The Domestic Abuse (Scotland) Act 2018 came into force on 1 April 2019. Abuse now includes violent, physical, sexual, psychological and financial abuse. The offence can carry a maximum of 14 years in prison.

Domestic abuse can include:

• Being threatened
• Name calling
• Controlling what you do, where you go and who you speak to
• Threatening your children
• Not being allowed see your friends and family
• Accusing you of cheating
• Threatening to out your sexual orientation
• Sharing - or threatening to share - intimate images of you with family, friends or work colleagues
• Being hit, kicked, punched, or have objects thrown at you
• Rape, being forced into sexual acts

Disclosure Scheme for Domestic Abuse (‘Clare's Law)

The Disclosure Scheme for Domestic Abuse, also known as ‘Clare's Law' was first launched on 25 November 2014 in Ayrshire and Aberdeen, but has now been rolled out across the whole of Scotland.

The Scheme gives people the right to ask about the background of their partner. It allows concerned relatives and friends, church members, colleagues etc. the right to ask about someone's partner. They can ask if they've been abusive in the past. It also gives Police Scotland the power to tell people that they may be at risk. This information can be given even if it is not asked for.

Where the police have information that a person may be at risk of harm of domestic abuse by their partner, they have the power to tell them or a person best placed to safeguard them.

This request can be completed on line, at a Police Station, via 101 or directly to a police officer.

The Forensic Medical Services (FMS) Act

The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (‘FMS Act') came into force on 1 April 2022. It places a statutory duty on health boards to provide forensic medical services for victims of sexual offences. The Act also establishes a legal framework for consistent access to ‘self-referral', where a victim can access healthcare and request a Forensic Medical Examination (FME) without first having to make a report to the police.

As part of a person-centred approach, individuals will be able to request the sex of their examiner involved in their care.

Self-referral

Self-referral means that people don't need to be referred by a GP or other healthcare professional to access a Sexual Assault Response Co-ordination Service (SARCS). A SARCS will be available in each health board to address people's immediate healthcare needs and, if appropriate, to access a forensic medical examination to gather forensic evidence which could help the police to confirm the identity of the person who carried out the assault. The SARCS will keep this evidence for a period of 26 months in case people want to tell the police at a later date.

NHS Inform will provide information on how to access self-referral services through a new national 24/7/365 telephone service hosted by NHS 24. Information on the service can be found at NHS Inform.

This is relevant for the Church as we may be approached by people who wish to know how to access these services.

Rape Crisis Scotland (RCS) has also updated its Information after Rape and Sexual Assault booklet, providing advice to someone following a rape or sexual assault. They have many other information leaflets available from the resources section of their website.

Further legislation around domestic abuse provides the opportunity for a court or an individual to apply to court, to obtain an Interdict with a power of arrest for domestic abuse or for a course of conduct which a court recognises as being domestic abuse. Scottish Women's Aid has information about your rights, including information about how to obtain an interdict and other legal routes to keeping you safe.

Domestic abuse and public protection

Domestic abuse is an issue for the Church and not just for the Safeguarding Service. It is all about protecting people and ensuring a safe Church for all.

Domestic abuse, child protection and adult protection are related issues best understood in the context of a human rights framework where abuse is a violation of a person's human rights and dignity.

Our work needs to be about prevention and making an appropriate response when domestic abuse is disclosed to ensure rights and protection.

Domestic abuse should be looked at in conjunction with guidance regarding child and adult protection in this handbook.