Women in the justice system: evidence review

2. Experiences of victimisation

Key findings:

• No difference between women and men was found in the likelihood of experiencing crime in 2019-20, for overall crime and property crime.
• More women than men experience both serious and less serious sexual assault.
• Women are almost twice as likely as men to have experienced partner abuse.
• The vast majority of police recorded domestic abuse incidents involve a female victim (and a male accused).
• Around a quarter of homicide victims over the past five years were females.

This section provides information on experiences of victimisation, and how these differ between women and men. This covers SCJS and SVTS evidence on experience of crime, including crime not reported to the police, and self-reported experiences of sexual victimisation, partner abuse and stalking and harassment. Some information on variations identified is also provided when looking at the reasons people indicate for not reporting their experiences of crime to the police.

In addition, this section highlights variations between women and men that are observed in statistics on victims of police recorded violent crime (including homicide), sexual crime and incidents of domestic abuse.

2.1 Experiences of crime

The SCJS found no difference between women and men in the likelihood of experiencing crime in 2019-20, for overall crime and property crime. Over the longer term (since 2008-09), the likelihood of experiencing crime has fallen for both women and men.

No demographic group, including the comparison between women and men, was found to be significantly more or less likely to report a crime to the police.

While not comparable to SCJS findings^[5], the SVTS found that there was no statistically significant difference in the likelihood of experiencing crime (both all crime and property crime) between women and men^[6]. Around half of the time period this related to (September 2019 to September 2020) included the COVID-19 pandemic and associated actions to limit social contact.

2.2 Experiences of (non-sexual) violent victimisation

The SCJS found that the likelihood of experiencing violent crime in 2019-20 was greater for men than women (3.1% compared to 2.0%). This is the first time since 2014-15 that there has been a difference in the likelihood of experiencing violent crime between women and men.

Since 2008-09, the proportion experiencing violence has shown no change for women, but has fallen for men (from 5.7% to 3.1%).

Police recorded crime data suggests males are much more likely to experience the lower volume types of violence that include severe physical injuries (such as homicide, and attempted murder & serious assault). For example, 80% of attempted murder & serious assault victims (aged 16 or older) in 2017-18 were male^[7]. At the same time, males also made up a majority (59%) of robbery victims (aged 16 or older). It should be noted that most crimes of robbery do not include any physical injury to the victim^[8].

Considering only those aged 16 or older, there were 296 victims of homicide over the past five years (2016-17 to 2020-21), 65 of which were females (22%). Whilst females are less likely to be victims of homicide than males, the nature of these incidents is different. Where the case is solved (i.e. accused person(s) has been identified) – the most common relationship for a female victim to the main accused is a partner or ex-partner (46%). In contrast a male victim is most likely to be killed by an acquaintance. Where the location is known, female victims are more likely to be killed in a dwelling than male victims (85% vs. 60%). The vast majority of homicides since 2016-17 involved a main accused who was male, with little difference between cases that had a female or male victim (95% and 93% respectively). For the relatively small number of homicides since 2016-17 that involved a female main accused (19), 16 had a male victim and three a female victim^[9].

Males are much more likely than females to be admitted to hospital due to assault^[10]. Over the past ten years, emergency hospital admissions per 100,000 population for females have nearly halved – decreasing by 47% from 24.9 admissions per 100,000 population in 2011-12 to 13.3 admissions per 100,000 population in 2020-21. There has been greater change for males, with a decrease of 61% in emergency admissions due to assault, from 175.9 per 100,000 population in 2011-12 to 68.3 per 100,000 population in 2020-21.

Emergency hospital admissions due to assault with a sharp object have remained more stable for females – decreasing by 20% from 2.9 admissions per 100,000 population in 2011-12 to 2.3 admissions per 100,000 population in 2020-21. For males, emergency hospital admissions due to assault with a sharp object have more than halved – decreasing by 52%, from 40.5 per 100,000 population in 2011-12 to 19.5 per 100,000 population in 2020-21.

2.3 Experiences of sexual victimisation

The SCJS asks about people's experiences of serious sexual assault and less serious sexual assault, since the age of 16 and in the 12 months prior to interview^[11].

The survey asks respondents if they have experienced one or more of the following types of serious and less serious sexual assault^[12]:

Serious sexual assault:

• Forced sexual intercourse
• Attempted forced sexual intercourse
• Forced other sexual activity (for example, oral sex)
• Attempted forced other sexual activity

Less serious sexual assault:

• Unwanted sexual touching
• Indecent exposure
• Sexual threats

In 2018-20^[13], the SCJS found that a greater proportion of women than men have experienced serious sexual assault, both since the age of 16 (6.1% compared with 0.8%) and in the 12 months prior to interview (0.4% compared with 0.1%).

Women were more likely than men to have experienced less serious sexual assault since the age of 16 (16.2% compared with 3.6%) and in the 12 months prior to interview (2.5% compared with 0.8%). The finding that women are more likely to experience less serious sexual assault than men is in line with earlier years (from 2008-09 and 2016-18).

In addition, women were more likely than men to have experienced each type of less serious sexual assault since the age of 16 (Figure 1).

Source: Scottish Crime and Justice Survey 2018-20

Some of the codes used by the police to record crimes under the Sexual Offences (Scotland) Act 2009 (SOSA) (including rape and attempted rape and sexual assault) can identify if the victim was female or male. In 2020-21, 93% of SOSA crimes recorded by the police had a female victim^[14]. This figure has been stable since 2016-17, ranging from 91% to 93%.

2.4 Experiences of self-reported partner abuse

The SCJS asks respondents about their experiences of partner abuse since the age of 16 and in the 12 months prior to interview, both psychological and physical.

Partner abuse in the SCJS is defined as 'any form of physical, non-physical or sexual abuse, which takes place within the context of a close relationship, committed either in the home or elsewhere. This relationship will be between partners (married, co-habiting or otherwise) or ex-partners'^[15].

The 2018-20 SCJS results showed that since the age of 16, women were almost twice as likely as men to have experienced partner abuse (21.2% and 11.2% respectively), similar to the position in previous years. A higher proportion of women than men reported psychological abuse, physical abuse, and both psychological and physical abuse since the age of 16 (Table 1).

When looking at experiences of types of partner abuse in the 12 month period prior to interview, experiences of partner abuse were also more common for women than men (3.7% and 2.6% respectively). This has been the case since 2014-15. Women were more likely to experience psychological abuse than men (3.4% and 2.4% respectively). However, the proportion who experienced physical abuse did not vary between women and men (1.5% and 1.0% respectively) (Table 1).

Table 1: Experience of types of partner abuse since the age of 16 and in the 12 months prior to interview, 2018-20

Experiences of types of partner abuse	Since age 16		In the 12 months prior to interview
	Men	Women	Men	Women
Psychological abuse	9.3%	19.3%	2.4%	3.4%
Physical abuse	6.7%	14.4%	1.0%	1.5%
Both psychological AND physical abuse	4.8%	12.5%	0.8%	1.3%
Any psychological OR physical abuse	11.2%	21.2%	2.6%	3.7%

Source: Scottish Crime and Justice Survey 2018-20

When combined with age, as in previous years, since the age of 16 women were more likely to have experienced partner abuse than men for all the age categories. Within the 12 months prior to interview, women aged 16 to 24 were more likely than any other age group of women to have experienced partner abuse (10.2%). Within this time period there was no significant difference between men and women aged 16 to 24 (Table 2).

Table 2: Experience of partner abuse since the age of 16 and in the 12 months prior to interview, by age, 2018-20

Experiences of partner abuse by age	Since age 16		In the 12 months prior to interview
	Men	Women	Men	Women
16 to 24 years	16.9%	25.7%	8.4%	10.2%
25 to 44 years	14.6%	27.6%	3.7%	4.9%
45 to 59 years	13.2%	23.3%	2.2%	2.2%
60 years and over	3.9%	11.6%	0.2%	0.7%

Source: Scottish Crime and Justice Survey 2018-20

In 2018-20, women were more likely than men to say that the police came to know about the most recent (or only) incident of partner abuse in the 12 months prior to interview (21% compared to 8%, respectively). It should be noted that this includes incidents the police came to know about through any means, including via neighbours and relatives, not just reported by the respondent themselves.

Similar reasons were given by women and men for why the police were not informed about their most recent incident of partner abuse.

The most common reasons women gave for why the police were not informed about the most recent incident of partner abuse were that:

• they dealt with the matter themselves (35%)
• it was a private, personal or family matter (34%)
• it was too trivial or not worth reporting (22%)

These are the most common reasons also given by men, however a greater proportion of men said the police did not come to know because the incident was too trivial or not worth reporting (42%).

There is no statistically significant difference between men and women for the majority of reasons given as to why the police did not come to know about the most recent incident of partner abuse. However, more women than men said it was because they had a previous bad experience of the police or courts (6% compared to 0%).

2.5 Experiences of police recorded domestic abuse

Police recorded domestic abuse incidents do not reveal the incidence of all domestic abuse committed, since not all incidents are reported to the police. However, in conjunction with the partner abuse module from the SCJS discussed above, these statistics help to assess the extent and impact of domestic abuse in Scotland.

There are a number of reasons for domestic abuse being under reported, including victims experiencing fear and shame as a result of the incident. Under reporting may also be caused by a perpetrator physically preventing a victim reporting the domestic abuse.

The clear majority of incidents of domestic abuse involved a female victim and a male perpetrator (where demographic information was known), at 81% in 2020-21. Just over one-in-six incidents (17%) involved a male victim and a female perpetrator, and in the remaining 3% of incidents the victim and perpetrator were either both females or both males^[16].

The type of crime that was most frequently recorded in 2020-21 as part of a domestic abuse incident with a female victim and male perpetrator was Common assault, accounting for 31% of all crimes and offences recorded. This was followed by Breach of the peace etc. (24%) and Crimes against public justice (19%). These were also the most common crimes and offences recorded where the incident involved a male victim and female perpetrator. However, Common assault was more prevalent in these instances (39%). Breach of the peace etc. was slightly less so (21%) as were Crimes against public justice (16%).

Looking at the location of the incident, the victim's home was the most common place of occurrence for both female and male victims, however this is even more common for female victims (with male perpetrators), at 46% of incidents, compared to 39% for male victims (with female perpetrators). Male victims have slightly higher proportions in a range of other home/dwelling settings (e.g. joint home, accused home, other dwelling).

Section 4.2 provides more information on police recorded domestic abuse with a focus on perpetrators.

2.6 Experiences of stalking and harassment

The stalking and harassment self-completion module of the SCJS asks respondents if they have experienced, more than once, one or more of the following types of incidents:

• being sent unwanted letters or cards on a number of occasions
• being sent unwanted messages by text, emails, messenger or posts on social media sites on a number of occasions
• receiving a number of unwanted phone calls
• having someone loitering outside their home or workplace on more than one occasion
• being followed on more than one occasion

The SCJS also asks respondents if anyone has shared intimate images of them without their consent for example, by text, on a website, or on a social media site – sometimes known as 'revenge porn'.

In 2018-20, the survey found no difference in the proportion experiencing stalking and harassment in the 12 months prior to interview for men and women (11.4% and 12.1%, respectively).

Looking at the differences by type of stalking and harassment, more women than men reported being followed (1.1% compared to 0.3%, respectively) or receiving unwanted messages by text, email, messenger or posts on social media sites (9.0% compared to 7.4%, respectively). Conversely, more men than women reported receiving unwanted letters or cards (3.2% compared to 1.7%, respectively) or unwanted phone calls (8.0% compared to 5.7%, respectively).

Women were almost twice as likely than men to report the most recent incident to the police (12% and 6%, respectively). This is a change compared to the position in 2016-18 where there was no significant difference detected between the proportion of men and women who reported the most recent incident to the police.

2.7 Experiences of cyber-crime

Further analysis of previously published research into cyber-crimes recorded by the police in 2020-21^[17] suggests a mixed picture in terms of victim composition. For example, victims of cyber-enabled fraud (the most common type of police recorded cyber-crime) were evenly balanced between females and males. However females were far more likely to be victims of cyber-enabled other sexual crimes, accounting for around three-quarters of all victims. This includes a range of crimes such as communicating indecently and causing others to view sexual activity or images.

2.8 Experiences of civil law problems

Evidence from the SCJS on experiences of civil law issues is presented below, however, as discussed in the introduction there is limited availability of specific information on women and men from civil justice statistics.

The 2019-20 SCJS found no differences between women and men in terms of experiences of one or more of a range of civil law problems in the three years prior to interview. The problem areas covered were:

• home or family living arrangements
• money, finances or anything paid for
• unfair treatment
• health and well-being

Overall, problems around home or family living arrangements were the most common (experienced by 17% of adults), and among these, problems with neighbours were the most prominent issue reported.

More details on civil justice statistics in Scotland, including data on civil law cases and information on court procedures, is provided in the Civil Justice Statistics publication, however not broken down by women and men.