Domestic Abuse (Scotland) Act 2018 - male victims' experiences of the criminal justice system: emerging findings

Key findings summary

This report presents the findings from a survey which aimed to capture the views and experiences of male adult victims/survivors in order to improve our understanding of the operation and effectiveness of the Domestic Abuse (Scotland) Act 2018 (referred to as 'the Act') in its first three years of implementation, and to meet – in part - the relevant legislative reporting requirement (Section 14 2(f)). The survey was completed by 18 men who had made their initial contact with the criminal justice system after the implementation of the Act (1 April 2019).

A note on the findings: The small, self-selecting sample of men who responded to the survey and the unprecedented impact of the COVID-19 pandemic on the operations of the justice system during two of the first three years of the Act's implementation, means that there are limitations in the conclusions that can be drawn from the findings in this report. This means that findings cannot be generalised. In particular, there were too few responses to report on key aspects of male victim experiences of court, and specific provisions in the Act (e.g. non-harassment orders). That said, the findings lend valuable insight into the lived experience of some male victims of domestic abuse who were involved with the Criminal Justice System (CJS) during this time.

• The key findings are as follows: A striking finding was the number of male respondents, all of whom had identified as victims of domestic abuse, being reported by their partner/ex-partners as perpetrators (11 out of 18).
• The majority of the respondents spoke of negative experiences at various stages of the criminal justice system. Where respondents had a negative experience with one part of the system, they had a tendency to generalise this discontent to other aspects or the justice system as a whole.
• The majority of men in this research felt there to be a system-wide gender bias against them – as men - which meant that procedures and processes were perceived by them as ineffective. They felt their experiences of abuse were minimised, that they were not believed, supported or taken seriously as victims.
• Most respondents felt that the system assumes men are the perpetrators of abuse, and where children are involved, that it is best for women to have custody.
• Most respondents reported feeling unprotected and let down by the criminal justice system and expressed distrust of the police, and other statutory and support agencies. They questioned services' willingness to help and their skills and training to do so. Positive experiences, characterised by being listened to and believed, were the exception.
• For the majority of respondents, the most desired outcome of going through the criminal justice system would have meant, in order of the most common responses: feeling in control of their lives, feeling safe, and feeling their children were safe. 16 out of 18 respondents said none of these outcomes had been achieved. In only one case did a respondent reach what they felt was a positive outcome.
• Due to not all respondents answering all the questions, the data on impact on victim safety is limited. However, the majority of respondents reported continued abuse from the alleged perpetrator after their (initial) involvement with the Police and Procurator Fiscal. Regardless of the decision taken by these agencies, ranging from criminal court to no further action, the majority of respondents reported that the perpetrator "used the decision to show them the criminal justice system couldn't help them" (n=12) and that "the system did not care about them" (n=13).
• 14 out of 15 respondents (who answered that question) said the criminal justice system got 'nothing' right during their experience.
• 11 out of 18 respondents said they would not have chosen to become involved with the criminal justice system if they had known what it would be like. Three said they would have chosen to be involved and one other respondent said they were not sure. The remaining three respondents selected 'other', and reported negative feelings about their experience.
• In terms of improving the experiences of male victims of domestic abuse in their journey through the criminal justice system; being listened to and supported were key for most respondents. Issues of improving policing and other agency training on handling domestic abuse involving a male victim, alongside recognising the role men play in parenting and children's lives were also identified by respondents as priority areas for improvement.
• Further research with a larger sample of male victims during a period of 'normal' court processes (post pandemic) would help draw more definitive conclusions regarding how well the Act is working for male victims of domestic abuse and how it can be improved.