Abstract
In this article we argue that the Domestic Abuse (Scotland) Act 2018 should not be regarded as ‘gold standard’ in the way in which it seeks to recognise the harms caused to children who experience intimate partner coercive control in their living environment. We argue that children should be reconceptualised children as ‘adjoined victims’ of intimate partner domestic abuse and that the 2018 Act should be amended to include a parallel section 1 offence of ‘abusive behaviour towards partner or ex-partner and adjoined child’. By offering the first academic analysis of why and how the criminal law should seek to capture children’s experiences of coercive control, this article contributes to broader discussions about criminalising coercive control and the scope of such offences. It highlights key lessons that can be learnt from the Scottish story so far and sounds a note of caution against simply ‘rolling out’ the Scottish approach elsewhere.
| Original language | English |
|---|---|
| Pages (from-to) | 914–940 |
| Number of pages | 27 |
| Journal | Social and Legal Studies |
| Volume | 31 |
| Issue number | 6 |
| Early online date | 29 Mar 2022 |
| DOIs | |
| Publication status | Published - 1 Dec 2022 |
Bibliographical note
Open access via Sage R&P agreementAcknowledgements
The authors are very grateful to colleagues and the anonymous peer reviewers who offered insightful feedback on this article prior to publication. Any errors remain our own.
Funding
The author(s) received no financial support for the research, authorship and/or publication of this article.
Keywords
- Children
- Coercive control
- criminal law
- domestic abuse
- domestic abuse(Scotland) act 2018
Access to Document
- Cairns_etal_SLS_Gold_Standard_Legislation_VoR
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