Protections in the justice system for women and girls

Overview

Violence against women and girls, in any form, has no place in our vision for a safe, strong, successful Scotland. That is why the Scottish Government remains committed to ensuring the necessary steps are taken and, where needed, new tools are made available to address violence against women and girls.

This consultation focuses on the potential role that changes to criminal law can play in preventing and addressing violence against women and girls.

In the consultation, we have provided information about how existing laws help to protect women and girls. We are seeking views on what steps could be taken to improve how such protection is delivered. In some areas, we are looking for views on specific proposals for criminal law reform that would create new necessary protections for women and girls.

The consultation covers:

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 (relating to deepfakes and nudify apps)
- general criminal law online and technology related harm
- further steps that could be considered

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Consultation questions preview Consultation questions preview

The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.

Non-fatal strangulation

Question 1: Do you agree with the Scottish Government view on the benefits arising from the operation of current law in relation to non-fatal strangulation?

Question 2: Do you agree with the Scottish Government view for better recording of criminal cases where non-fatal strangulation arises?

Question 3: Do you have views on how best public awareness can be improved as to the dangers of non-fatal strangulation?

Question 4: Do you have any other views on steps to address the dangers of non-fatal strangulation?

Spiking

Question 5: Do you have views on how the offence of spiking is addressed under existing laws?

Question 6: Do you have views on the benefits of developing a standalone spiking offence?

Question 7: Do you have any views on (a) how public awareness can be improved as to the dangers of spiking and (b) how to encourage individuals to report a spiking offence?

Statutory aggravation - offences committed against pregnant women

Question 8: Do you agree for a new aggravation in relation to offences committed against pregnant women by a partner or ex-partner?

Prosecutorial powers to impose non-harassment orders (NHOs)

Question 9: Do you agree to COPFS being given a power to make an NHO against a person when offering an alternative to prosecution?

Question 10: Do you agree on how applications to vary or revoke an NHO made by COPFS should be handled with court involvement suggested for any appeals?

Question 11: Do you agree an NHO made by COPFS as part of an alternative to prosecution should have a maximum time period of 12 months?

Online and technology-facilitated harm: intimate images - deepfakes

Question 12: Do you agree with the Scottish Government proposal for a creation offence?

Question 13: Do you agree with the proposal for a requesting creation offence?

Online and technology-facilitated harm: intimate images - nudify apps

Question 14: Do you agree with the proposal for a new production, supply and offering to supply offence?

Online and technology-facilitated harm: general criminal law

Question 15: Do you consider that there are any specific changes to the current criminal law that would improve how the justice system is able to respond to technology-facilitated and online harms?

Online and technology-facilitated harm: further steps that could be considered

Question 16: Do you have any views to offer on further steps to reduce online and technology-facilitated harm?

Impact assessments

Question 17: Do you have any views on potential impacts of the proposals in this consultation on human rights?

Question 18: Do you have any views on potential impacts of the proposals in this consultation on equalities and protected characteristics?

Question 19: Do you have any views on potential impacts of the proposals in this consultation on children and young people as set out in the UN Convention on the Rights of the Child (UNCRC)?

Question 20: Do you have any views on potential impacts of the proposals in this consultation on socio-economic equality?

Question 21: Do you have any views on potential impacts of the proposals in this consultation on communities on the Scottish islands?

Question 22: Do you have any views on potential impacts of the proposals in this consultation on privacy and data protection?

Question 23: Do you have any views on potential impacts of the proposals this consultation on businesses and the third sector?

Question 24: Do you have any views on potential impacts of the proposals in this consultation on consumers?

Question 25: Do you have any views on potential impacts of the proposals in this consultation on the environment?

Useful information about responding to this consultation Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.

An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.

You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).

Why your views matter

The responses to this consultation will help inform consideration of future criminal law and other steps to improve the outcome we all seek - improved protection for women and girls leading to reduced levels of violence against women and girls.

Give us your views

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