A blow for faith in courts

ALTHOUGH increasingly unusual as our judicial system improves, it has not been unheard of for a witness to be cited for contempt or even jailed when she has felt unable to testify.

I have to say we have always abhorred that as an outcome. It is important to say at the outset that we cannot comment on any specific case. But the wider issues of ‘witness attrition’ – why women and children experiencing domestic abuse are so unlikely to report it to police and how actions by police, prosecutors and sheriffs can help or endanger them – are of great interest to us.

Women have been blamed for decades for their own domestic abuse. Just think about the oft-repeated question: ‘Why doesn’t she just leave?’

The reality is that ‘just leaving’ can be very dangerous. In most cases, it is the very time when women and their children are at the greatest risk of being killed by their abusers – not to mention that most women involved with police and health services have indeed left and are no longer living with their abusers.

Somehow we still hear that question instead of the one Scottish Women’s Aid thinks we should be hearing: ‘Why is it still so hard for women and children to be safe in their public and private lives, decades after Scotland has committed to reducing domestic abuse?’

Women have good reason to fear public testimony about their abuse. Think, for instance, about the fact most Scots court disposals for domestic abuse are fines or admonishments. How much safety is the system giving the victims?

So is it any wonder some women weigh up the benefits and consequences of testifying and conclude it is too dangerous, or too embarrassing, or too hard on their children, or whatever?

Of course, we understand this is a problem for court system professionals. But in what world do we think prosecuting someone for failing to co-operate in a domestic abuse trial is going to provide us with more reliable evidence or improved confidence in the courts, prosecution service, or policing?

In fact, when the public servants best placed to give understanding and support are the ones who re-victimise, they remain part of the problem rather than the solution. A chilling effect on helpseeking, on disclosures, on informationsharing is the inevitable consequence.