Response 97726990

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Consultation questions

2. Do you think that existing concepts of “neglect”, “ill-treatment”, “abandonment” and “exposure” should be defined in the legislation?

Please select one item
Yes, the terms should be defined in legislation
No, the terms should be defined in guidance
No, the terms should not be defined
Further, do you think it is necessary to keep the terms “abandonment” and “exposure to risk” in a modernised offence?
Yes

5. Do you think that children in Scotland should have clear legislative protection from emotional abuse?

Please select one item
Yes
No
Please explain your answer.
Emotional abuse is a very general term and needs clear guidelines. What is emotional abuse? e.g. What if a child thinks their mother prefers another sibling more than them. What if loving parents bring up their child in a way that is different from current PC ideas?
If this is not well defined it could be not only a legal minefield but put families under unnecessary pressure.

6. Do you have examples of the sorts of behaviours and their effect on children that should or should not be captured by any revised offence?

Parents should be free, and indeed encourage their families , to have strong moral, religious and political views without any pressure of indoctrination. Parents should be free to encourage their to compare various view points without compromising truth.

9. Do you think that the test for establishing whether harm or risk of harm occurred should include a requirement that a ‘reasonable person’ must consider the behaviour likely to cause harm?

Please select one item
Yes
No
Please explain your answer
All who are placed in a position trust over children and young people should accept responsibility and be accountable for abuse of power and influence over young people. This applies to a wide range of people, Priests, football coaches etc.

11. Do you think that the offence should apply wherever a person wilfully and deliberately acted or neglected to act in a way which caused harm or risk of harm, regardless of whether they intended the resulting harm/risk?

Please select one item
Yes
No

11b). If not, do you think the offence should only apply to those who:

Please select one item
intend to cause harm to a child by their action or inaction?
intend or is reckless as to whether harm is caused?

14. Do you think that a child should be defined as 18 in relation to the offence?

Please select one item
Yes
No

15. Do you think the current penalties for a section 12 offence should be amended?

Please select one item
Yes
No

16. What, if any, steps could be taken to avoid criminalising parents/carers who have been victims of domestic abuse themselves, and have committed a section 12 offence as a consequence of this domestic abuse?

A very difficult area. Past abuse should not excuse perpetrating the same.

17. Are there additional ways in which we can assist courts to be aware of the full context of abuse within a domestic abuse setting, affecting both partners and children?

Social workers reports should already be attending to this.

19. Do you have any comments on whether the definition of a ‘position of trust’ should be extended to cover other positions in which a person is in a position of power, responsibility or influence over a child?

see above.
There should be a clear definition of 'position of trust' and sports coaches, Priest, Youth leaders should not be exempted from responsibility.

Additional Questions on issues concerning equal opportunities, financial implications and other impacts

Are there behaviours not criminalised elsewhere that you think could be included within a revised offence?

teaching children that they can decide their gender (contrary to their biological gender) should be treated as psychological abuse and treated as an offence.

About you

Are you responding as an individual or an organisation?

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(Required)
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Organisation