MSPs unanimously back new law criminalising emotional and psychological

A “ground-breaking'' Bill to criminalise psychological domestic abuse has passed its first hurdle at Holyrood.

MSPs unanimously backed the general principles of the Domestic Abuse Bill in a vote at the Scottish Parliament.

The legislation will create a specific offence of “abusive behaviour in relation to a partner or ex-partner'' including psychological abuse such as coercive and controlling behaviour.

During the stage one debate on the Bill, Justice Secretary Michael Matheson said it was the “next important step in the fight to address the scourge that is domestic abuse''.

He said despite previous action and reforms, the criminal law still did not fully reflect such abuse in all its forms.

“Creating a new offence of domestic abuse will not on its own end domestic abuse, however it is a ground-breaking approach that will put Scotland at the forefront of efforts to tackle the scourge of psychological abuse and coercive control,'' he said.

“The new offence will provide greater clarity for victims, sending a clear signal that what their partners do to them is not only wrong but is criminal.

“It will improve the ability of the police and our prosecutors to intervene in specific cases and change societal attitudes about what domestic abuse is - that it is not only physical violence but also psychological abuse, exerting total control over a partner's every movement and action, forcing them to live in constant fear.

“For too long an attitude has been allowed to linger that domestic abuse is a private matter, no business of the criminal law. This Bill makes crystal clear those days are long gone.''

Conservative justice spokesman Liam Kerr said too often victims of abuse had to recall their ordeal to several sheriffs during different parts of legal proceedings.

He said: “Domestic violence victims face many barriers to safety and independence - incomprehensible and/or over complex court proceedings should not be one.''

To tackle this he suggested ministers consider adopting a “one family one judge'' approach, which has already been trialled in America, New Zealand and Australia, “where the victim only has to recount their experience to a single judge to avoid unnecessary trauma''.

“This may reduce the number of court appearances, streamlining the process, and meaning the trauma of retelling the incident numerous times can be avoided'', he added.

While he said there may be difficulties introducing such a system, he said the idea was “certainly worth considering''.

Labour's Claire Baker said there were ways that the Bill could be made stronger - calling for action to address the damaging impact that abuse has on children.

But she stressed that the psychological abuse inflicted on some “can not be trivialised'' and said the Bill must “challenge not normalise actions that demean, humiliate, harm or control partners''.

Ms Baker continued: “This Bill can only be the latest step in tackling domestic abuse. In Scotland the extent of abuse is still concerning.

“We have to ensure there is sufficient funding for advocacy services, refuge accommodation, for counselling and one to one support. Many of these are feeling the strain of funding pressures.

“We know that there can be a postcode lottery when it comes to receiving support, especially in rural areas and we must work to address this.'