NEW legislation on domestic abuse – which comes into force tomorrow – is an important first step in ensuring that children are treated as victims as well as witnesses in domestic abuse cases, according to leading charities.
The Domestic Abuse Act, which has been described by international expert Evan Stark as “the world’s new gold standard” will see coercive control legally recognised as abuse, as well recognising that children can be potential victims within the family setting. Courts will be asked to see this as an “aggravating” factor when sentencing.
READ MORE: Domestic abuse change a ‘game changer’ for Scotland's children
Marsha Scott, chief executive of Scottish Women’s Aid, said the law was an important step in acknowledging the suffering of children experiencing abuse in the family. The charity has supported children who are deeply traumatised as a result, suffering nightmares and mental health issues.
She said: “In the current system the offending parent, usually the father, can be convicted of incredible acts of violence, and then granted visitation and custody rights in the same courtroom because children are only considered to be witnesses.
“The new act states allows for an aggravated sentence if a reasonable person would assume these behaviours would cause harm to a child. It’s enabling legislation and an important step. It remains to be seen how it will work in practice.” She said training – for the judiciary and other adults supporting children was key.
Anna O’Reilly, an assistant director of family services from Children 1st agreed it was essential children’s legitimate concerns were taken seriously, with criminal, family and child welfare courts working better together to protect them.
READ MORE: New abuse law won't work without police training, experts say
She said the charity often worked with children whose voices were not heard in the adversarial legal system. “We know domestic abuse has a big impact on children,” she added. “The fact that the law recognises that is a great thing. Children can find themselves caught in the middle.”
Justice secretary Humza Yousaf said:“The impact of domestic abuse on children is traumatic and distressing but they are often hidden victims. I am proud Scotland is leading the way with this legislation, which uniquely recognises the effect of domestic abuse on child victims as well as adults.”
Under the new laws the courts will also have the power to put in place a non-harassment order, which aims to provide protection for vulnerable children, as well as adults.
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