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

Methodology, scope and limitations

Survey design and dissemination

An online survey was developed to gather information about male victim experiences of criminal courts since the introduction of the Act. It was distributed via support organisations including Abused Men in Scotland (AMIS), Shared Parenting, and ASSIST. Details of how to take part in the research were also included in Victim Information and Advice letters sent from COPFS to individuals when their domestic abuse case had concluded. At the start of the survey, respondents were asked to confirm that they identified as male, were aged over 18 years old and had involvement, as a victim/survivor of domestic abuse, with the Scottish Criminal Justice System^[9] since 1st April 2019. The survey opened on 12 July 2021 and closed on 30 September 2021. It received 18 responses.

The survey ran over a similar period as a Scottish Government grant-funded survey to understand women's experiences of the criminal justice system since the implementation of the Domestic Abuse (Scotland) Act.^[10] Scottish Government researchers from Justice Analytical Services, with permission, adapted the survey developed by Lombard et al; some sections were excluded to make it quicker and easier to complete and to focus the survey on key research questions around court experiences.^[11] The adapted survey was reviewed by support organisations who work with male victims of domestic abuse before it was disseminated to ensure it reflected the experiences of men. A limited search of the literature was undertaken to sense check it against the evidence base. Nevertheless the survey approach remains broadly consistent with the women's survey to allow for comparisons to be drawn where possible/appropriate.

The survey gathered quantitative data as well as qualitative data with a mix of closed and open questions; all questions were optional. It included 112 questions^[12] and covered the following topics:

• Participant eligibility criteria – to participate in the survey respondents were asked to confirm that they identified as a man and that their experience of the criminal justice system took place in Scotland since April 2019.
• Participant consent – respondents were asked to read and consent to a number of statements which covered the voluntary nature of consent and data protection matters.
• Initial involvement with the Scottish Criminal Justice System – this section covered questions about the type of abuse reported and the gender and relationship of the alleged perpetrator to the survey respondent, and whether any children were living with the respondent at the time of reporting.
• Procurator Fiscal decision & experiences – this section included questions about the decision made by COPFS and subsequent victim experiences.
• Pre-court experience –this section included questions about experiences before court including the plea hearing and court delays.
• Court and trial – this section asked questions about victim experiences of court, the trial and NHOs.
• Verdict and sentencing – this section included questions on the verdict and sentencing and victims' views and experiences of this.
• Statutory support - this section covered victim experiences of the following agencies; Criminal Justice Social Work, Children and Families Social Work, The Children's Reporter, Child Contact Centres, The Children's Panel, Parole Board.
• Reflections on victim experiences with the Criminal Justice System – this section included questions about victims' general views on their involvement with the criminal justice system, their expectations and what worked well/not so well.
• Respondent demographics – this section asked respondents about their age, gender, sexuality, if English was their first language, ethnicity, disability, and which local authority they reside in.

Data analysis, scope and limitations

The survey was analysed by Scottish Government researchers in Justice Analytical Services. The responses were analysed using MS Excel in order to conduct descriptive analysis of the quantitative data and thematic analysis of the qualitative data.

The low response rate of the men's survey may be due to a number of factors: methodological limitations and the challenges associated with engaging participants in research of a sensitive nature with the potential for retramutisation^[13]; limited pool of male victims who had experienced court processes from start to finish since the implementation of the Act^[14], which was likely exacerbated by ongoing disruption to the criminal justice system caused by the onset of the COVID-19 pandemic in March 2020. The small sample size is reflected in similar research, most recently, Lombard at el's (2022) survey of women which was completed by 29 respondents, of which 12 cases were referred to court.^[15]

As a result of the small sample, some of the quantitative questions in the survey received fewer than 5 responses and were therefore excluded from the analysis and reporting.^[16] As not all respondents' cases progressed as far as the courts, these included in particular questions relating to experiences of the criminal courts, the period before, during and after the trial, applying for special measures, giving evidence, non-harassment orders and sentencing. Useable quantitative data with over 5 responses is reported where possible and all qualitative data (answers to open questions) was included in the analysis.

Some of the responses indicate participant confusion with either the survey questions and/or the court process. For example, there appeared to be some confusion over which case was covered in the survey responses where both the victim respondent (as an alleged perpetrator) and the alleged perpetrator were referred to the criminal courts. Respondents' understanding and perceptions of the criminal justice system may not necessarily reflect the precise operations and running of the system e.g. where a victim refers to 'the courts' they may or may not be referencing COPFS for example. These sometimes contradictory responses affected the reliability and validity of the data and for that reason, some were excluded from the analysis.

Finally, as respondents were self-selecting there is the potential for bias within the sample. For example it is possible that people may be more likely to participate in research of this nature if they have had an 'extreme' experience such as a very bad or a very good experience, as was referenced in the Lombard study.^[17]

The survey data does not therefore provide a representative sample of adult male victims who have been involved in a domestic abuse court case in Scotland since the Act came into force. Rather, it represents a snapshot in time of a small number of male victims and, due to limited responses to some questions, focuses on their overall expectations and experiences of the Scottish criminal justice system when reporting domestic abuse. These findings, whilst providing very valuable insights to the lived experience of male survivors, should therefore be considered as indicative rather than conclusive evidence. Despite these limitations, the findings shine a light on key issues regarding some male victims' experiences of the criminal justice system in Scotland.

Throughout the report, men who completed the survey are referred to as respondents. Results shown in the report exclude any responses that were left blank or were given to questions that were filtered out via the survey routing. The number of respondents answering a question is shown in the table as (n). Quotations are taken from comments left by respondents in open text questions. Minor edits to spelling and grammar were made as appropriate to aid understanding.