Analysis provided by Soraya Pascoe, Legal Expert on Gender.

More

Violence against women has increasingly become the subject of legislation in the United Kingdom. Both criminal and civil jurisdictions have laws accommodating the difficulties in obtaining evidence and defining the indirect means by which violence is often perpetrated. Civil legislation in particular has been drafted enabling user-friendly procedures for victims of violence to pursue injunctive remedies.

Global sexual violence in the form of threats, abduction and trafficking has also been recognised in the Criminal Law (Consolidation) (Scotland) Act 1995 Although as a statute, it's comprehensive domestic law is restricted to the Scottish jurisdiction, procurement of women and girls under s7 has international effect in as much, that these offences committed in any part of the world can be tried in Scotland. This would be subject of course to the usual procedures of jurisdiction over defendants and extradition.

Where rape is concerned, progressive steps have been taken in Scotland, prohibiting evidence or questioning (by way of cross examination) to elicit negative character evidence of a complainant in a sexual offence matter. Although this is enacted by the Criminal Procedure (Scotland) Act 1995 which only applies in Scotland, this revises the practice of adducing such evidence where before it would have been admissible if the court accepted it as being arguably relevant and it protects the complainant from being examined on the issue of character or sexual history.

Where addressing violence of a non sexual nature, in England and Wales, Part IV of the Family Law Act 1996 has been purposefully drafted so that an individual, without legal representation, can gain an injunction against the perpetrator of domestic violence in order to prevent further violence, intimidation or harassment by obtaining a 'non-molestation order' or to exclude the perpetrator from the premises by obtaining an 'occupation order'. A non-molestation order can also be made of the court's own motion in the context of other, ongoing family proceedings.

As these injunctions are civil, they do not require the same standard of proof as criminal procedures so are a viable alternative to police action in domestic violence circumstances where evidence to the criminal standard is often more difficult to gather.

An alternative for a victim living in England or Wales is to proceed under the Protection from Harassment Act 1997. Brought into force and commonly considered as anti-stalking legislation, it has made it easier for the police and individual concerned to take action where the otherwise hard to define offence of harassment takes place. This statute unusually can be brought in criminal or civil proceedings. It can apply much more widely than an injunction under the Family Law Act, which is restricted to injunctions against perpetrators in some form of familial relationship with the victim. Therefore it can apply to any harasser, whether a stalker, an acquaintance or by further example an employer or employee. Provided the test of knowledge to the standard of a reasonable person is satisfied, then the harasser can be in breach for one occasion of such action, if the victim has been put in fear of violence, then this must have been on two occasions. If civil action is taken, the claimant may also pursue an action for damages. In Scotland, the Act is restricted to a claim in civil proceedings.

Hide