Tackling gender-based violence

Supporting schools to play their part

A dedicated approach to prevent and respond to gender-based violence (GBV) in schools has been published.

Developed by a working group co-chaired by the Scottish Government, Rape Crisis Scotland and Zero Tolerance, the framework encompasses testimony from young people and staff and sets out how schools can use education, with an emphasis on compassion, to challenge societal views which normalise gender-based violence.

It aims to support schools by:

  • demonstrating the different ways GBV can affect young people in a school community and highlighting how schools can challenge the underlying gender inequalities which can cause it
  • providing guidance to support schools’ responses to GBV experienced, or carried out by, children and young people or other members of the school community, including staff
  • outlining the approach schools should take to recording GBV behaviours and signposting to further support and learning

GBV refers to behaviours ranging from name calling, intimidation and physical violence to sexual harassment and emotional abuse, which can affect anyone, but is more commonly experienced by women and girls.

The Behaviour in Scottish Schools Research report, published last year, highlighted an increase in misogynistic views and language as an emerging concern in schools which the Education Secretary committed to developing a dedicated approach to address, as part of the government’s wider response to challenges with behaviour in schools.

First Minister Humza Yousaf and Education Secretary Jenny Gilruth launched the framework on a visit to Moffat Academy, where they heard about a pupil-led approach to promoting gender equality.

The First Minister said: “We want schools to create cultures in which all members of the school community know that gender-based violence is unacceptable and will not be tolerated. Prevention and early intervention are key to the approach to address the underlying causes of gender-based violence, particularly gender inequality.

“This framework forms part of our broader action to address the issue of gender equality within education as part of the implementation of our Equally Safe Strategy and broader commitment to eradicate gender-based violence in every part of our society.

“All children and young people have a right to a learning environment where they are protected, cared for, and in which their rights and needs are respected. It is vital that schools are at the part of our drive to support the end of gender-based violence and misogyny once and for all – it is up to us to show the leadership necessary to empower them to do so.”

Education Secretary Jenny Gilruth said: “The wellbeing and safety of children, young people and staff in our schools is of the utmost importance. Ensuring that every child is treated with respect and feels safe at school is a task I do not take lightly.

“We’ve taken great strides in recent years to tackle gender-based violence across society and it’s concerning that misogynistic views and language have appeared as emerging issue in recent research into behaviour in schools.

“There is no place for harassment or abuse in any form in our schools and this framework aims to provide support for everyone in a school community to recognise it as it occurs and be equipped to respond appropriately.

“It is not only for schools to respond to incidents of gender-based violence amongst our young people. Prevention and early intervention are key elements of our approach – meaning that we want to address the underlying causes of gender-based violence, particularly gender inequality, and the framework published today supports this endeavour.”

Morgan Todd, Moffat Academy S6 Student and Prefect Leader said: “As a young woman I would hate to feel there were any limits placed on my aspirations or on those of any girl at Moffat Academy.

“Gender equality is about living in a fair society where everyone is valued for their talents rather than judged by their gender.

“At Moffat Academy, I feel everyone gets the chance to write their own story- no matter their background or gender- helping to prepare us for life after school in modern Scotland.”

Director of Prevention & Training at Rape Crisis Scotland Kathryn Dawson said: “The launch of the first ever national approach to gender-based violence for schools is a major step.

“We, and partner organisations, advocated for guidance to be developed following the Everyday Heroes consultation with children and young people that recommended decisive action.

“Rape Crisis Scotland and member centres are the experts delivering education to young people through the Sexual Violence Prevention Programme, and supporting schools through the Equally Safe at School programme.

“The guidance will enable schools to build on our work and prioritise gender-based violence, honouring the courageous voices of the children and young people who called for change.”

Co-Director at Zero Tolerance Laura Tomson said: “We’re proud to have been closely involved in the development of the Gender Based Violence in Schools Framework.

“The guidance is a vital step towards preventing and responding to boys’ sexual harassment, rape, and abuse of girls, which is all too common.

“We now look to the Scottish Government to demonstrate its commitment to ending boys’ violence against girls by resourcing the guidance’s implementation so both teachers and children can focus on learning.”

Preventing and responding to Gender Based Violence: a whole school framework – gov.scot (www.gov.scot)

Funding to support rape and domestic abuse victims

Scottish Government investment to fund vital services

Victims of sexual violence and domestic abuse will be able to access support quicker thanks to an additional £2 million of funding from the Scottish Government.

The funding will go to Rape Crisis Scotland and Scottish Women’s Aid so they can reduce their waiting lists for women who need support services, including refuge places and counselling. Last year, both organisations supported more than 27,000 women and girls, but demand for their services has grown.

The £2 million for 2024-25 is in addition to £19 million annual funding the Scottish Government provides to support women with experience of violence through our Delivering Equally Safe fund.  

Victims and Community Safety Minister Siobhian Brown said:  “Violence against women and girls is abhorrent and these frontline services provide much needed support to victims and survivors.

“We recognise the vital work that women’s aids and rape crisis centres do day in, day out to support women, girls and families. Demand for these services is increasing, which is why we are providing record funding, investing an additional £2 million to help with immediate need. This is in addition to funding received through our Delivering Equally Safe Fund.

“Alongside supporting those impacted, we are committed to tackling violence against women and girls, and addressing the underlying attitudes and systems that perpetuate it through our Equally Safe Strategy. It is this that needs to change to eradicate the violence too many experience.”

Rape Crisis Scotland Chief Executive Sandy Brindley said: “We are delighted that funding has been extended for 10 of our member centres who were facing the most significant issues with waiting lists.

“This funding will help Rape Crisis Centres across Scotland to continue to provide specialist support to survivors of sexual violence that can be truly lifesaving.  

“Demand for Rape Crisis support is ever-growing, and it is vital that when survivors reach out for support, they are able to receive it when they need it, not weeks or months later.” 

Scottish Women’s Aid Chief Executive Marsha Scott said: “This is such welcome news. In this time of rising costs and rising demand, Women’s Aid services in Scotland have never been stretched thinner, and children and women needing support should never have to sit on a waiting list.   

“We are grateful not only that the fund has been extended until the end of the next financial year but that the Scottish Government has responded to concerns about inflation and mounting pressure on staff who work so hard to provide sometimes life-saving services.” 

 The total grant value is £2,077,703 

  • Rape Crisis Scotland – £1,167,000 
  • Scottish Women’s Aid – £910,703 

Not Proven No More?

‘A BOLD, NECESSARY AND IMPORTANT BILL’ – RAPE CRISIS SCOTLAND

Legislation proposing a significant package of reform to ensure victims are treated with compassion and their voices heard across the justice system has been published.

The Victims, Witnesses and Justice Reform (Scotland) Bill will require justice agencies to make efforts to reduce re-traumatisation of victims and witnesses and will address long-standing challenges in the justice system’s approach to serious sexual offences.

Significant reforms proposed in the Bill include abolishing the not proven verdict in all criminal trials to help create a clearer, fairer and more transparent decision-making process. It will reduce juror numbers from 15 to 12 and increase the jury majority required for conviction to at least two-thirds – to ensure fairness, balance and promote confidence that verdicts are decided on a sound and rational basis.

If passed by Parliament, the Bill would also establish an independent Victims and Witnesses Commissioner for Scotland to champion the rights of victims and witnesses and encourage government and criminal justice agencies to put those rights at the heart of the justice system.

The Bill also includes significant new measures to meet the needs of survivors of sexual offences, building on the recommendations of Lady Dorrian’s Review Group on improving the management of sexual offence cases, enabling public confidence in the justice system by:

  • protecting the dignity of victims through an automatic lifelong right of anonymity for victims of sexual offences 
  • establishing a specialist sexual offences court with national jurisdiction to enable complainers to give their best evidence while minimising the potential for re-traumatisation
  • providing an automatic right to state-funded independent legal representation for complainers when applications are made to lead evidence of their sexual history or ‘bad character’ in sexual offence cases
  • enabling a pilot of single judge trials for cases of rape and attempted rape to take place to gather evidence on their effectiveness

Cabinet Secretary for Justice and Home Affairs Angela Constance said: “This Bill will put victims and witnesses at the heart of the justice system. It is testament to the efforts of many campaigners who have worked to ensure that the processes of justice better serve victims, witnesses and vulnerable parties.

“This landmark legislation is among the most significant since devolution and will ensure fairness is cemented into the bedrock of Scotland’s modern-day justice system. Building on the experiences of survivors, victims, and their families, these key reforms will make justice services more sensitive to the trauma it can cause.

“This government has been clear we must take action to improve the experience of those who suffer sexual abuse. The majority are women, who must be supported to have trust and confidence that the processes of justice will serve their needs, allow them to give their best evidence and support them in their recovery.

“By creating an independent Commissioner for Scotland to champion the rights of victims and witnesses we can ensure that they are treated with compassion and their voices are heard.”

While Rape Crisis Scotland has concerns over the proposed reduction in the number of jurors, the organisation welcomes what it describes as a ‘bold, necessary and important bill’:

Today the Scottish Government published the Victims, Witnesses, and Justice Reform (Scotland) Bill. This is a potentially transformative bill which could significantly improve the experience of survivors of sexual violence.

Survivors across Scotland have campaigned tirelessly to highlight the injustices of the current legal process and have played a crucial role in making the case for change.

The bill will:

  • End the not proven verdict;
  • Introduce a specialist sexual offence court;
  • Give ministers the power to begin a pilot of single judge led trials in Scotland;
  • Introduce independent legal representation (ILR) for survivors in cases where the defence seeks to bring evidence on their sexual behaviour into court;
  • Introduce a legal right to anonymity in sexual offence cases.

We are strongly supportive of these proposals. For more information on our positions, please see our policy briefings on criminal justice reform, alongside specific briefings on the proposed specialist sexual offence courtjudge led trials and independent legal representation.

Many of these steps were recommended in Lady Dorrian’s review of the management of sexual offences and we pay tribute to her leadership and the work of this group.

In Scotland, conviction rates for rape are the lowest of any crime type. For cases that reach trial the conviction rate is around 51% compared to 91% for all other crimes. Most cases never make it as far as court: in 2021/22 there were 2,298 rape and attempted rapes reported to the police, but only 152 prosecutions and 78 convictions.

There is significant evidence that myths about sexual violence influence juries in their decision making.

There is a huge amount of research and evidence to suggest that these steps will not only make engaging with the justice system easier for survivors but lead to more justice being done.

We asked survivors what they thought justice reform in Scotland needs to look like and why it matters. Here are some of their comments:

“Victims should not feel scared to come forward and report a crime due to the pressures of a court case. Where is the justice in that?”

“it was a horrendous ordeal and completely traumatising – from the court dates being suspended and rescheduled, the actual trial itself… and the way I was perceived by all professionals involved, other than the lovely victim support girls on the day of trial and of course rape crisis, as doing something wrong in speaking out…. So, I would love nothing more than to see some change!“

“For me, the thought of standing in front of the family, the public, the people who have abused and assaulted me or lawyers and judges, is absolutely terrifying and something I could never even consider. The culture of victim blaming in society is so damaging that people who have these experiences are likely to think they’ll be blamed even when the evidence is strong. Or the mental chaos that going through the lengthy court process is, only for the perpetrator to end up with a short sentence is not worth it.”

Making the decision to report rape or sexual violence can be very difficult. It is not made easier by the barriers in place to accessing justice for survivors. We hope this bill will begin to remove some of these barriers and help more survivors in Scotland to get justice.

This is not a perfect bill. We have concerns about its proposed changes to jury majority from 8 out 15, to 8 out of 12. We know that juries are reluctant to convict in rape cases, and any change in jury majority could have a significant impact on convictions.

We are concerned that unless significant and sustained efforts are made to address the impact of rape myths on jury decision making the overall impact of this bill might actually be to reduce the number of rape convictions.

Notwithstanding our concerns about the change in jury majority, the fact that these proposals have been made by the Scottish Government is testament to the incredible work of survivors from across Scotland who have campaigned for change. This is a bold, necessary and important bill.

SARCS: Rape and sexual assault support service launched

Improving healthcare choices and support

A marketing campaign has been launched to ensure people know about a dedicated national NHS service that offers choices in healthcare, forensic examination and support after a rape or sexual assault.

The national service, which is to be implemented across all health boards, will allow those aged 16 and over to self-refer for a forensic health examination at a Sexual Assault Response Coordination Service (SARCS), whether or not they wish to report to the police.

Funding of £11.7 million has been invested by the Scottish Government alongside the unanimous passing of Forensic Medical Services Act 2021 by Parliament. This money has gone towards creating healthcare facilities for examinations across all health boards, to recruit more specialist staff and set up a single point of contact for self-referral through NHS 24.

The campaign which will run across digital channels and outdoor advertising sites encourages people who have experienced a sexual crime to visit the NHS Inform website for information to help them decide the best next step for them.

Chief Medical Officer, Professor Sir Gregor Smith said: “It is very important that everyone knows about this service and while I hope that people will never need to use it, for those that do, knowing where to turn for support and information is a vital part of giving them back control.

“This legislation marks an important step in ensuring that those who have experienced a sexual assault have access to healthcare and support, even if they don’t feel ready to report it to the police.

“The campaign will be running over the next few months to raise awareness of the Sexual Assault Response Coordination Service (SARCS), to help improve the experience of those who have suffered a sexual crime.”

Jennifer Wilson, Nurse Director for NHS Ayrshire & Arran added: “Improving healthcare services for victims of sexual offences is a priority for NHS Ayrshire & Arran.

“We are committed to the Taskforce vision of consistent, person-centred, trauma-informed healthcare and forensic medical services and access to recovery, for anyone who has experienced rape or sexual assault in Scotland.

“With the launch of the FMS Act and the National Self-Referral Service we can now offer local services to victims of sexual assault who require a Forensic Medical Examination (FME) and who do not wish to, or are not yet ready to report this to the Police.

“This is a vital part of improving services for victims of sexual assault and making sure that timely healthcare support, including a forensic medical examination, is available to victims of rape and sexual assault in a way that is sensitive, compassionate and reduces the risk of any re-traumatisation.”

Sandy Brindley, Chief Executive of Rape Crisis Scotland said: “This is a huge step forward in improving responses to rape in Scotland. Immediately following rape or sexual assault can be a really difficult time to make a decision about whether to report what has happened to the police, but there are time limits involved in being able to capture forensic evidence.

“Self-referral means that if someone doesn’t feel ready to make the decision about reporting they can ensure all the evidence is captured and make the decision when they are ready.”

£5 million more for services to address gender-based violence

Frontline services for women and girls affected by gender-based violence will receive £5 million to deal with additional pressures that have occurred during the pandemic.

The funding will go to rape crisis centres and domestic abuse services to cut waiting lists, helping to ensure those affected can access the support they need more quickly. The increased support fulfils one of the commitments for the first 100 days of this government.

It will comprise approximately £4.5 million to be split between Scottish Women’s Aid and Rape Crisis Scotland, and a total of £500,000 for 12 other specialist support services and organisations.

Equalities Minister Christina McKelvie said: “Violence against women and girls is one of the most devastating and fundamental violations of human rights and is totally unacceptable.

“We recognise the vital work that local women’s aids and rape crisis centres do day in, day out to support women and girls, including throughout the pandemic, and I know demand for these services has increased. This in itself is appalling and I am determined to support rape crisis centres and domestic abuse services, which provide a lifeline for many women and girls.

“As the need for these services has grown in this most difficult of times, this funding will help survivors, and those at risk, to access specialist support when they need it most.

“We will continue to encourage survivors to report their experience and seek support they need.”

Dr Marsha Scott, Scottish Women’s Aid Chief Executive, said: “We have seen a huge increase in demand for support from survivors of domestic abuse and the impact from this is already being felt as our waiting lists are growing.

“This funding from the Scottish Government will help us manage this higher demand and reduce these waiting lists, allowing more accessible support for survivors.

“For us, this is an opportunity to bridge funding between Coronavirus (COVID-19) emergency funding and a new funding system based on need, rather than historical arrangements.”

Sandy Brindley, Rape Crisis Scotland Chief Executive, said: “Seeking support after sexual violence can be an incredibly difficult thing to do, and it’s so important that when people do feel able to reach out, that specialist services are resourced to be able to provide the support that is often described to us by survivors as life-saving.

“This funding – in conjunction with the new Delivering Equally Safe fund – is a very welcome and much-needed investment in local Rape Crisis services, but our approach must be sustainable. It is only through a strategic and co-ordinated approach that we will be able to make sure that survivors across Scotland are able to access the support they deserve, at the point of need.”

Full list of organisations receiving funding:

  • Aberdeen Cyrenians
  • Barnardos
  • Committed to Ending Abuse
  • Domestic Abuse and Sexual Assault Team – West Lothian
  • Dumfries and Stewartry Women’s Aid
  • Fife Women’s Aid
  • Grampian Women’s Aid
  • Kingdom Abuse Survivor’s Project
  • Moray Women’s Aid
  • Rape Crisis Scotland
  • Saheliya
  • Scottish Borders – Children First
  • Scottish Women’s Aid
  • West Dunbartonshire Council Support Service

This latest funding comes on top of £5.75 million allocated in 2020-21 to help redesign frontline services to ensure they are best equipped to handle the additional pressures of the pandemic.

The Scottish Government is also providing £18 million this year to third sector organisations and public bodies working to end violence against women and girls through our Delivering Equally Safe fund.

Scotland’s 24 hour Domestic Abuse and Forced Marriage Helpline is available on 0800 027 1234.

Rape Crisis Scotland Helpline is available on 08088 01 03 02. Calls to this number are free. Alternatively email support@rapecrisisscotland.org.uk or text 07537 410027.

In an emergency please call the police on 999.

Further information on the law can be found at safer.scot

‘While we are devastated by the verdict, we will not let it define us’

Below is a powerful statement written by the women from the recent court case against former First Minister Alex Salmond, issued through Rape Crisis Scotland:

The jury has delivered a majority verdict on the charges brought against the former First Minister.

We are devastated by the verdict. However it is our fervent hope that as a society we can move forward in our understanding of sexual harassment and sexual assault.

In defending Alex Salmond, Gordon Jackson quoted Woman H and said his client should have been a ‘better man’.

He said behaviour which others described as demeaning, intimidating and humiliating, was ‘trivial’.

The behaviours that Alex Salmond and his defence team admitted to in evidence were not and are not trivial.

Today we want to send a strong and indisputable message that such behaviours should not be tolerated – by any person, in any position, under any circumstances.

This has been a traumatic process however we thank Police Scotland and the Crown Office and Procurator Fiscal Service for taking our experiences seriously and for allowing our voices to be heard.

Many of us did speak up at the time of our incidents but were faced with procedures that could not deal with complaints against such a powerful figure.

Others were silenced by fear of repercussions.

It was our hope, as individuals, that through coming forward at this time we could achieve justice and enact change.

We remain firm in our belief that coming forward to report our experiences and concerns was the right thing to do.

But it is clear we alone cannot achieve the change we seek.

The outcome of this trial will pose many questions and be cause for much debate.

But as politicians, commentators and society reflect on this case, we would ask you to consider whether behaviour which is so often merely described as ‘inappropriate’ or is tolerated by society, is acceptable towards your daughters, granddaughters, sisters, wives, friends, and colleagues.

Many of them will already have suffered such conduct. Often in silence.

We would also request that as you debate, you conduct it respectfully and stay mindful of the many women in Scotland who may have had traumatic experiences and are considering whether or not Scotland is a country in which they can come forward to seek help and support.

This is more important now than ever before.

All people should feel safe, valued and equal in society and their workplace and it is imperative to ensure robust complaint structures are in place.

We should all take strength in calling out bullying, sexual harassment and sexual assault wherever it takes place.

And we should all seek to create an environment in which people can challenge and report these behaviours without hesitation or fear of retribution.

Some say that women’s fight for respect has gone ‘too far’. We argue it has far to go.

For too long, behaviour which should be condemned has been accepted and excused.

For too long perpetrators in positions of power have been shielded by their ability to influence and intimidate.

For too long women’s complaints have been dismissed or swept under the carpet.

And for too long, women have been let down by organisational structures which should exist to protect them, not put them in situations which endanger their welfare.

This must end.

To those who have spoken out in support – thank you, we see you.

While we are devastated by the verdict, we will not let it define us.

We hope through shining a light on our experiences, it will serve to protect and empower women in the future.

Be brave, be loud, be heard.

Signed,

Woman A, Woman B, Woman C, Woman D, Woman F, Woman, G, Woman H, Woman J, Woman K

Sandy Brindley, Chief Executive of Rape Crisis Scotland said: “This is a powerful and important statement that we know will resonate with many people in Scotland and beyond.

“More than a statement it is an urgent call for an examination of our attitudes towards sexual harassment in Scotland, a call for the end to the minimisation and trivialisation and a call for change.

“For too long these behaviours have been tolerated and accommodated and this cannot stand any longer. Enough.

“These women are brave, and we stand with them and hope that their voices are heard.”

Rape Crisis Scotland has also called for an investigation into the conduct of Mr Salmond’s senioe defence counsel Gordon Jackson QC, who was overhead – and filmed – discussing the case on a busy Edinburgh – Glasgow train.

A spokesperson for Rape Crisis Scotland said: “Protecting the anonymity of all people who report sexual crimes is of critical importance and is one of few reassurances that can be offered as part of an otherwise daunting and intimidating process. For this to be undermined by such a senior lawyer in a public place in such a high-profile trial is horrifying and completely unacceptable.

“Jackson is Dean of the Faculty of Advocates and we cannot see how this behaviour – caught on film – is in keeping with the Faculty of Advocate’s own guidance on conduct. There should be an immediate investigation.

“One of the most chilling aspects of this is Jackson’s statement about his strategy for the cross examination of one of the women in the trial: “All I need to do is put a smell on her.” This statement alone confirms the fears of many, many survivors who do not report for fear of what would be done to them in court. Trials should be based on evidence, not on smears and attacks on character. We need an urgent overhaul of how these cases are dealt with.”

Gordon Jackson talked of the ‘Holyrood political bubble’ during the trial. It’s a political bubble Mr Jackson knew very well – he himself was a Labour MSP from 1999 until he lost his seat in 2007 – to Nicola Sturgeon.

While serving as the member for the impoverished Glasgow Govan constituency, the barrister continued to undertake lucrative work at the Bar, provoking anger and cricitism – some even from Labour colleagues.

Jackson was widely known as ‘Crackerjack’, as he  repeatedly turned up at Parliament just in time for the 5pm vote. (For younger readers, Crackerjack was a long-running children’s programme, which famously started at 4.55pm.)

Equally Safe: strategy to address violence against women expanded

A strategy to prevent and eradicate violence against women and girls is to be expanded and backed by more than £1 million of additional funding. The Equally Safe delivery plan includes measures to teach school children the importance of consent and healthy relationships and will see Rape Crisis Scotland’s sexual violence prevention programme rolled out across a further 11 local authorities.  Continue reading Equally Safe: strategy to address violence against women expanded