Consultation on further improving justice system.
Further protections for women and girls from violence and abuse
are being considered as part of a consultation that has been
launched, including consideration of a new law on the creation of
deepfake intimate images.
While laws already exist covering the sharing of deepfake
intimate images, the consultation proposes a new offence which
would address issues around the use of artificial intelligence
tools to create intimate images without consent. The consultation
also asks for views about criminalising digital tools that are
designed solely to generate intimate images and videos.
Pregnancy is a time when women can be at greater risk of domestic
abuse. The consultation considers a new statutory aggravation so
that courts must take into account treating a domestic abuse
offence involving a pregnant woman more seriously in
sentencing.
To tackle spiking crimes, where someone is given alcohol or drugs
without their consent, the consultation outlines that whilst
there are existing effective laws in place, we want to hear views
on how best women and girls can be protected from harm.
The consultation also seeks views on whether to remove the need
for a court to impose non-harassment orders to improve protection
for victims, instead allowing the Crown Office and Procurator
Fiscal Service to use these as an alternative to prosecuting
cases.
The benefits of existing Scots law in dealing with the dangers of
non‑fatal strangulation are highlighted in the consultation and
views can be offered on whether new criminal laws are needed to
deal with this conduct.
Justice Secretary said:
“Violence against women and girls is abhorrent and we must ensure
we are doing all we can to tackle it, whether it is established
or emerging forms of harm. We have made significant progress
already - including the introduction of the domestic abuse
offence, improved training for those supporting victims and new
powers to enforce protective orders in Scotland imposed elsewhere
in the UK.
“For this consultation I am particularly keen to hear from those
with direct experience of harm. The responses will help to inform
future action that is needed to achieve the outcome we all seek:
stronger protections and actions which lead to lower levels of
violence against women and girls and a safer Scotland.”
Background
Consultation: Protections in the
justice system for women and girls
The consultation will run until 19 June.
The consultation builds on legislation passed last year,
including the Criminal Justice Modernisation and Abusive Domestic
Behaviour Reviews (Scotland) Act, which aims to reduce
domestic‑abuse‑related homicides and suicides, and the Victims,
Witnesses, and Justice Reform (Scotland) Act, which introduced
reforms to improve victims' and witnesses' experiences of the
justice system and to ensure they are treated with
compassion.
Areas the consultation is seeking views on include:
- non-fatal strangulation
- spiking
- statutory aggravation – offences committed against pregnant
women
- prosecutorial powers to impose non-harassment orders
- online and technology facilitated harm:
-
- Intimate images offences
- General criminal law online and technology related harm
- Further steps that could be considered
