NHOsNow

An update on the changes this bill will make to Non-Harassment Orders. chng.it/LXWPLBRjWR

@ACSPARTAN1 A petition passed through Holyrood last year asking for absolute discharge to be abolished as a sentencing disposal in sex crime cases. It was closed by the petitions committee so I would expect that this can still happen.

THIS IS JUDGE MAGGIE SCOTT She let child rapist Daniel Cieslak, who r*ped a 12-YEAR-OLD girl, WALK FREE from her courtroom. But guess what folks? Not only that! She gave him an ABSOLUTE DISCHARGE, despite him pleading GUILTY. She also sparked outrage by praising Algerian rapist Hamadache Hamza for settling in Britain and setting up a hairdressing business. She said that the predator deserved “credit” for overcoming his “very difficult background” to become a successful business owner in Scotland.

Please read. A hugely important article with hugely convincing contributions from ASSIST on the dangers of NFS. Strangulation is a weapon designed to intimidate & frighten but it can also be used to undermine consent. It’s time the law reflects that.

@SarahCactus1 Wonderful! Congratulations🕊️

Ahem. *Taps the certificate* 💥

At last - the first case in Scotland where an abuser is convicted of killing his wife after she takes her own life 💔 So many women are driven to the point of feeling living isn’t an option, feeling the abuse and pain will never end. Abusers know what they are doing, they see they are killing a person yet choose to continue. Until now they did that with no consequences but hopefully no longer! So sorry this has happened, another beautiful life taken - thinking of Kimberley and her loved ones 💔 news.stv.tv/north/abuser-c…

These orders need to account for modern forms of abuse that can be perpetrated digitally irrespective of where the victim or perpetrator resides. Fleeing abuse should never become justification to refuse victims basic protections after conviction

I was refused a non-harassment order when my abuser was sentenced because I had relocated to another jurisdiction. Therefore it was deemed unnecessary. It is clear from the Hogg case that one party relocating does not negate the necessity of protective measures for victims

Yet over the border in Scotland, over half of domestic abusers are not even banned from contacting or approaching their victim at sentencing…

@fionamcmullen1 Absolutely Fiona - even more reason for the guidelines to be airtight!

@NHOsNow I hope that the sheriffs/judges choose to impose one when the victim has requested it. I can’t see any reason why they shouldn’t. But we know they refuse them in DA cases where it’s been mandatory to consider them since 2019 upon conviction

The VWJR Act will introduce a requirement for judges to always consider protecting victims with a Non-Harassment Order in the sentencing of rape. It is a shame these guidelines don’t yet account for this much needed change in legislation.

This is why @ScotParl voted to ensure victims of rape are afforded mandatory consideration of an NHO when their perpetrator is sentenced. I hope this change will be reflected in the council’s guidelines in the near future.

If it is estimated that 90% of rapes are perpetrated by someone known to the victim and around half are partners or ex-partners. It seems crucial and necessary that steps are taken to protect victims from unwanted contact post-conviction.

@fionamcmullen1 Right back at you Fiona.

@NHOsNow Thank you for your valuable contribution to this work!

It is reassuring to see the Sentencing Commission recognise the vital role Non-Harassment Orders play in delivering justice for victims. It’s clear that more must be done to ensure NHOs are applied consistently and refusal rates are reduced.

'Survivors of rape and sexual violence deserve far better' Three rape crisis centres have hit out at the Scottish Government for instituting a 'significant real-terms' funding cut they say will make women and girls less safe 👇

Stories like Anne’s underline why introducing mandatory consideration of Non-Harassment Orders for stalking in the VWJR bill was overdue & imperative. Those who endure gender-based violence & bravely assist authorities to prosecute effectively deserve life-long legal protection

@Sensible_Lassie Yet you appear to be implying that trauma informed practice wrongfully prevents judges making a decision based on - in your words - ‘gut instinct’? Unconscious bias isn’t something to be advocating in favour of as it has consequences for the accused just as much as the complainer

@Sensible_Lassie Careful. Judges (and juries) are there to make decisions on facts and evidence not on their ‘gut instinct’ of a complainer or accused person. That would be dangerous for everyone.

“Despite six years since the passage of the Domestic Abuse (Scotland) Act 2018, NHOs are still not consistently awarded by courts… it is time for serious appraisal of the use of NHOs.”

Whilst the guideline does not constrain the discretion of the court in the making of an order & sets out no grounds by which an order may reasonably be refused - there’s cautious hope it will ensure protective orders are more consistently utilised by sentencing judges.

Rape is so often perpetrated by someone known to the victim and our sentencing disposals must reflect that reality. I am pleased that the SSC have made adjustments following successful amendments at Holyrood and communications from the Cabinet Secretary.

Additional guidance around the use of Non-Harassment Orders is a welcome and overdue insertion to the official sentencing guidelines for rape and one we have fought tirelessly for.