Last week, a new law was introduced in Scotland which allows people to find out whether their partner has been abusive towards people in the past.
The law has been in effect in England and Wales since March 2014, but it’s now effective in Scotland. The scheme gives men and women the right to ask if they have any concern about their partner’s past behaviour which could affect them. It means potential victims can make an informed choice over whether to continue the relationship.
What is domestic abuse?
Abuse can be physical, verbal, sexual, emotional or financial and is anything which causes deliberate harm or upset to the victim. With this law it applies to a relationship where one member of a couple who have an intimate partnership is being abusive.
Abuse has many forms:
- Destructive criticism: verbal abuse, shaming, mocking, accusing and threatening.
- Pressure tactics: withholding money, making you think they have no choice, pressure to consume substances or lying to friends and family.
- Isolation: Dictating where you can or cannot go, preventing you seeing others, monitoring or blocking calls.
- Disrespect: putting the victim down in front of others, not listening or responding, interrupting, refusing to help.
- Breaking trust: lying, having other relationships, breaking promises and withholding information.
- Threats: angry gestures, intimidating, destroying possessions, following you everywhere, forbidding privacy.
- Physical violence: pushing, kicking, hitting, slapping, punching, kicking, pulling hair, burning, strangling.
- Sexual violence: intimidating you to perform sexual acts, forcing relations with other people or degrading you due to your sexuality, whatever it may be.
- Denial: saying the abuse doesn’t happen, acting differently in public, begging for forgiveness, crying, saying it won’t happen again.
The abuse can take place anywhere where the perpetrator has access to them, whether in person or by text or message (people can be threatened or intimidated in their home, school or anywhere else). If abuse is not addressed, it can cause serious psychological harm.
Why is it called Clare’s Law?
Clare Ward tragically lost her life at the hands of a violent ex-boyfriend in 2009. She had no idea that he had a history of violence. Her father, Michael Brown, campaigned for people to be able to access information about their partner’s past and for the police and necessary agencies to have the power to inform people if there was cause for concern. The law is called the Domestic Violence Disclosure Scheme or Disclosure Scheme for Domestic Abuse Scotland (DSDAD). Since last year, 2,760 applications and 1,300 abuse disclosures have been made in England and Wales.
What is a disclosure?
The disclosure is the term given to when the information is given to the relevant individual. The route to disclosure of information is a five stage process. Firstly an individual who has been informed or suspects abuse submits and application by going online, visiting a police office or phoning 101. From there, a member of police staff will contact the person to discuss the details. This is followed by a face-to-face meeting to confirm identity and assess any risk. Next the police will meet with relevant agencies to discuss the application and at the final stage the police decide whether to disclose necessary information to the individual or the person best placed to protect them. Disclosures can be triggered by friends, relatives, social workers or police officers.
The incidence of domestic abuse cases reported has risen this year in Scotland and this scheme aims to tackle the problem head on and protect potential victims. The Scottish government recently announced £20 million of funding to combat all forms of violence against women, saying that there is no place for it in Scotland. In the past it has been difficult for people to access information about past convictions but this scheme has been launched to change that. Police Scotland said the aim was to prevent domestic abuse by “empowering men and women with the right to ask.”
If you or anybody you know wants to make an application, you can find information here and the application here
