7,000 domestic violence cases in court limbo as women say: No more. No longer. Enough
Thousands of domestic violence cases are trapped in Scotland’s courts logjam, we can reveal, as the country’s justice system is again accused of failing to protect women from the violence of men.
Leading lawyers, politicians and campaigners today warn systemic failings in investigation and prosecution continue to leave women feeling unsupported, unheard and vulnerable despite repeated pledges by prosecutors, police and politicians to prioritise male violence against women.
They called for sweeping reforms to ensure violence against women and girls is more effectively investigated and prosecuted as the Metropolitan Police came under increasing pressure over its response to the murder of Sarah Everard, 33. She was abducted and murdered by a serving officer in March after a series of red flags over his conduct were raised and missed.
Rachel Adamson, co-director of Zero Tolerance, which campaigns to curb male violence, said urgent and effective action is needed but must be bolstered by a wider shift in attitudes: “We tell women not to walk home alone at night, to avoid certain areas of town, to watch their drinks in bars. To a degree, as a society, we accept this violence. We think this is the way life is but it doesn’t need to be.”
The concern around Scotland’s response to the crisis and demands for change come as we can reveal:
More than 7,000 domestic abuse cases are caught in a backlog in Scotland’s court systems as victims wait up to three years for a trial.
Almost 70% of cases waiting to be heard in Scotland’s High Courts involve allegations of sexual violence.
The number of women seeking help from one of Scotland’s biggest support groups has doubled in lockdown.
Leading lawyers insist promoting more women will help protect women.
Campaigners warn victims can wait up to three years from first reporting abuse, to seeing their abuser sentenced.
The backlog in prosecutions is leaving women at risk and undermining their confidence in the system, according to Scottish Women’s Aid.
Chief executive Dr Marsha Scott said: “The fact that they will not be in court any time soon and that cases that come to court are almost all delayed means that there is no safety for women in calling the police or asking the public sector for help, and they won’t feel any safer.
“Waiting two or three years for her case to come to court is the surest way to drive a victim-survivor out of the
One in three women will be subjected to physical or sexual violence from an intimate partner, according to the World Health Organisation. Sadly, that is a figure Scotland is familiar with.
This kind of violence is a global problem that has been constant over the last decade and, while some aspects of Scotland’s response is seen as fairly progressive by some countries, the criminal justice process remains problematic for victims and survivors.
One issue is the length of time the process takes, with many victims describing having their lives put on hold for two or even three years from the point of reporting. All the while, they are attempting to get on with their lives, studying, going to work or bringing up children. It’s really tough and the pandemic has exacerbated the problem greatly.
Many simply did not realise the process would take so long, and on top of that they are faced with the frustration of prosecutors doing plea deals or charges being dismissed with very little explanation.
Prosecutors may argue that a positive outcome is a conviction but for many women it can be extremely upsetting that many of the most distressing charges don’t even get as far as court. It may be felt there isn’t quite enough evidence to prosecute but many women just aren’t prepared for that and it can come as a real shock.
Of course even if a case goes to court, a not guilty or not proven verdict may be returned and that’s really hard too. To get to that point after a long period of time can be shattering.
Specialist courts are playing an important role in providing the best possible response to domestic abuse. These type of offences are not like other kinds of offences. They require a specialist approach.
The management of sexual offence cases where victims are seen in one centre rather than having to re-tell their experiences over and over, or having to search to access services, is certainly something that could be beneficial for domestic abuse or victims of gender violence.
Other countries have come up with some innovative approaches Scotland could adopt to improve our current system, women’s police stations, working with embedded services, and investing in more refuges are all areas that should be considered.