An offender is facing jail because he is not eligible to take part in a domestic violence reduction programme after his girlfriend, female at the time he assaulted her in August, began transitioning to become a man, a court has heard.
A computer has ruled Stuart Todd out of the scheme, Falkirk Sheriff Court was told.
The 40-year-old repeatedly punched his partner on the head, threatened to kill her, and put his hand across her throat, restricting her breathing.
Then he picked up a knife and threatened to kill himself at the couple’s home in Larbert, Stirlingshire on August 22.
After pleading guilty in the summer, Todd was referred to social workers in Falkirk for inclusion in the Caledonian Men’s Programme.
However, when Todd appeared for sentence on Thursday, the court heard a social background report had ruled Todd was “unsuitable” for the programme because his partner was transitioning.
‘Computer says no’
The court was told that after the transition, the person will continue to be called by the same name and the couple plan to stay together.
Solicitor-advocate Stephen Biggam, defending, said: “My client’s partner is transitioning from female to male, and it seems that bars Mr Todd from the Caledonian Project.”
He added: “We had asked for an assessment for the Caledonian Men’s Project, but we are told he is not suitable, in terms of the relationship he has.
“Unfortunately, the computer says no because his partner is transitioning.”
Terrifying attack on partner
Katie Cunningham, prosecuting, told the court: “By way of background, Mr Todd and the complainer were in a relationship for around five years.
“On the day in question, both parties had been drinking and at one point Mr Todd became upset, owing to it being almost 10 years since the death of his mother.
“He accused the complainer of being manipulative.
“She asked him what he meant by this, and he began to punch her on the right side of the face.
“She put her arms up to try and protect herself, and he continued to punch her.”
The court heard the victim asked, “Are you going to try and kill me like you did last time?”, to which Todd replied, “Yes.”
Suicide threat
Miss Cunningham said: “He then began to kick her in the back.
“As she began to shout for him to leave, he put his arm over her throat, causing her to feel like she couldn’t breathe.”
The complainer fell to ground, while Todd took hold of a knife and told her to stab him and kill him.
She took the knife, stabbed it into the floor, and rang 999.
Todd took hold of the knife again, and threatened to kill himself.
The court heard the victim sustained bruising to her cheeks, jaw and back, and had a cut to her ear.
Her injuries were photographed by police, and Todd was cautioned and charged.
He made no reply.
Todd, of Larbert, admitted domestically-aggravated assault to injury, and statutory breach of the peace.
Deferred to deal with other offence
Sheriff Christopher Shead deferred sentence until November 4 so the case can be dealt with at the same time as another matter which is outstanding involving Todd and the same person – he pled guilty in July to an earlier assault on her, dating from May.
Sheriff Shead said: “This offence, at least, is so significant that the court will obviously be considering a custodial sentence.”
He continued bail, with conditions preventing Todd from contacting his partner.
The Caledonian Men’s Programme, funded by the Scottish Government across 19 local authority areas, was launched in 2016 in a bid to reduce the harm caused by domestic violence perpetrated by men upon women.
It involves a compulsory course which lasts at least two years.
Men attend as a requirement of court-imposed community payback orders or post-release licence.
It includes six months of one-to-one assessment, engagement and motivation sessions, a 22-week group work phase and post-group maintenance work.
Falkirk Council was approached for comment.
