News/Blog
Economic abuse and the law: what you need to know
This blog will explore what is meant by economic abuse and how it can affect those who experience it. It may therefore be difficult for some survivors to read. Please take care whilst reading and see the bottom of this blog for further support.
At the SWRC we know that domestic abuse can affect survivors in lots of different ways and that it isn’t always physical. Since 2019, the law in Scotland recognises that any behaviours which are violent, threatening or intimidating might be considered domestic abuse. This definition therefore includes forms of psychological abuse such as economic abuse, as well as acts of physical or sexual violence.
It can be difficult to recognise the signs of economic abuse and to know what to do if you experience it. Today marks the beginning of the 16 Days of Action, an annual international campaign designed to raise awareness of and take action against gender-based violence. To support this campaign, we have published a new factsheet, co-authored with consultant Jenn Glinski, which explores the issue of economic abuse and the relevant law in Scotland.
In this blog, we’ll provide a brief overview of some of the topics explored in our factsheet. We recommend you read the factsheet, or our full legal guide, for further detail.
What is economic abuse?
Economic abuse is a form of what is known as coercive control, when an abuser attempts to control their partner’s everyday life and choices. It occurs when a person interferes with their partner’s ability to get, use, and manage ‘economic resources’ - things like housing, food, clothing, transportation, employment and education. It often builds up over time and can in many cases be experienced alongside other types of domestic abuse.
Economic abuse can take many forms, and it may affect essentials such as food or resources such as access to a mobile phone and services. Some examples might include a partner:
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Retaining your salary or giving you an ‘allowance’
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Forbidding you from accessing work or education
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Restricting access to your bank accounts
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Convincing or forcing you to take on debt on their behalf
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Preventing you from claiming benefits
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Creating debt in your name or through shared accounts
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Making important financial decisions without discussion
Economic abuse can happen to anyone. Experiencing it may leave you feeling frightened, humiliated, lonely and dependent on your partner. It is a form of coercive control that seeks to isolate victims economically, reducing your ability and opportunities to leave the abusive situation, find a new home, and be financially independent after separation. It can also sometimes continue after leaving the abusive situation.
Research has suggested that women of colour, and especially migrant women of colour, may be particularly affected by economic abuse as they are more likely to be underpaid than white women and men of colour, and more likely to be financially dependent on others.
When looking for information about economic abuse, you might find that the terms ‘economic abuse’ and ‘financial abuse’ are sometimes used interchangeably, including by support services. However, there are some differences: financial abuse refers to the use or misuse of money to control someone’s life, whereas economic abuse also covers access to economic resources such as food, clothing, employment and others.
Regardless of the term used, the important thing is that your experience is heard and addressed appropriately. If you have experienced economic abuse, know that you are not alone and that there are options available to you.
What does the law say about economic abuse?
In 2019, the Domestic Abuse (Scotland) Act made coercive control, including economic abuse, a criminal offence which can be reported to Police Scotland, who should investigate and decide whether there is sufficient evidence to pursue charges. Importantly, the Act recognises that this type of abuse can also occur after separating from an abusive partner.
If you decide to report economic abuse to the Police, you may be asked to provide evidence such as bank records, copies of emails or texts, or accounts from family and friends you spoke to about the abuse. Our new factsheet explores in more detail how to evidence economic abuse under the Act.
If you do not feel comfortable reporting economic abuse to the Police, it is important to note that you can still access practical and emotional support, including emergency funds, from financial services providers, domestic abuse charities and specialist organisations. At the bottom of this blog, and in our guide and factsheet, you will find a list of organisations who can support you.
Our factsheet
Our new factsheet includes detailed information on economic abuse and the Domestic Abuse (Scotland) Act. It covers:
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What is the Domestic Abuse (Scotland) Act 2018?
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What is economic abuse?
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How economic abuse relates to the Act
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How to evidence economic abuse under the Act
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Support agencies and useful contacts
You can find the factsheet on our website here.
Alongside our factsheet, we have also published a set of recommendations for improving systemic responses to economic abuse in Scotland, which you can find on our website here.
Further support
If you or someone you know has experienced economic abuse, SWRC can help.
For detailed information and advice, you can call our helplines to speak to one of our experienced advocacy workers or pro-bono solicitors, who can connect you with further support if needed.
You can find information and advice on the Surviving Economic Abuse project website.
You can also get in touch with the free services below who can provide further information and support. For more information on these services, please see our factsheet or legal guide.