Coercive and controlling behaviour now part of domestic abuse law in England and Wales

The law on domestic violence in England and Wales is being changed to include “coercive and controlling behaviour”, and has been announced by the home secretary.

Theresa May said domestic abuse by intimate partners or family members was a “hideous” crime that shattered lives.

She said she hoped the new law would protect victims from extreme psychological and emotional abuse.

The maximum penalty for the new offence in England and Wales will be five years in prison and a fine.

Coercive and controlling behaviour can include the abuser preventing their victim from having friendships or hobbies, refusing them access to money and determining many aspects of their everyday life, such as when they are allowed to eat, sleep and go to the toilet.

Witness testimony could be supported at prosecution through a variety of ways, including documentary evidence of threatening emails and text messages, or bank statements that show the perpetrator sought to control the victim financially.

 

New proposed domestic abuse law – UK

UK MPs from all parties are backing a tough US-style law that would make domestic abuse a specific offence carrying a sentence of up to 14 years in prison.

A new bill, which is sponsored by the Justice Unions’ Group and the All Party Group on Stalking and Harassment, would, for the first time, make sentences reflect whether domestic abuse – both physical and psychological – was part of a pattern of behaviour. It is modelled on legislation introduced in the US that has resulted in a dramatic increase in convictions and reporting of domestic abuse.

The proposed law would provide a legal framework that would make domestic abuse a specific offence, and would allow for the examination of an offender’s course of conduct over a period of time. Supporters say this would encourage more women to report a crime that is often neglected by the criminal justice system, sometimes with tragic consequences.
Research shows that the average victim does not report abuse until subjected to at least 30 incidents. Only 30% of reports to police result in arrest and only one in six reports lead to a charge.

The law would see domestic abuse categorised as both physical and psychological, and perpetrated against the victim or the victim’s children. It would define abuse as “intentionally, wilfully or recklessly causing, or attempting to cause, physical injury or psychological harm to a person” and introduce protective orders prohibiting an abuser from making contact with their victim.

The bill’s supporters believe that it will enjoy broad support in parliament and is likely to become law.

Since similar laws were introduced in the US, reporting of domestic abuse has increased by nearly 50%. Incidents of violence have decreased by more than a third.
Ensuring that domestic abuse is recognised in both psychological and physical terms has already been broadly welcomed by senior police officers.

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According to the Home Office, some 1.2 million women in the UK said they had experienced domestic abuse in 2013.
Two out of three incidents involved repeat victims.
Two women are killed by a partner, ex-partner or lover each week.
Last year 400,000 women were sexually assaulted, of whom 70,000 were victims of rape or attempted rape.

But the true number of victims is likely to be even higher. Research carried out by Citizens Advice estimates that more than half a million victims of domestic abuse are too frightened to report their experiences.

Sources: Justice Unions’ Group and the All Party Group on Stalking and Harassment, the probation service union Napo, The Guardian.

New crime of domestic abuse could be created – UK

Earlier this year UK Home Secretary Theresa May ordered chief constables to come up with domestic abuse action plans by September.
And today we were reached by the news that a new crime of domestic abuse could be created in the UK under plans being considered by ministers.

Mrs. May is consulting on creating the offence in England and Wales as part of attempts to improve police performance. The existing law already covers controlling and coercive behaviour – but it does not explicitly apply to relationships.

Two women a week are killed by domestic violence in the UK, and often it is the coercive, controlling behaviour that is at the heart of the most dangerous abuse.

There are a string of laws that already cover acts of violence, harassment and stalking – but none of them refer in their wording to personal relationships or the precise terms of the official definition of domestic abuse.

Last year UK ministers redefined domestic abuse, telling forces and other criminal justice agencies that it included both violence and acts of psychological control that left victims in terror.

The official definition of domestic abuse in England and Wales according to the Home Office is:
“Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.”

The behaviour captured in this definition includes:
“… a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim”.

It is important that there is no misunderstanding whatsoever among police about what exactly domestic abuse is. As the situation is now, every day, thousands of domestic abuse victims are at risk of serious harm because of widespread failings by police to deal with offenders.

This pattern is widespread and the same type of situation can be seen also in other countries, among them Scandinavia.

UK ministers now stress that a specific crime would end any ambiguity, leaving police in no doubt over their powers to intervene. The offence could cover not just acts of violence but incidents of psychological control, such as deny victims money, cut them off from friends and family or deny them to live freely.

Mrs. May said: “The government is clear that abuse is not just physical. Victims who are subjected to a living hell by their partners must have the confidence to come forward. I want perpetrators to be in no doubt that their cruel and controlling behaviour is criminal.

“We will look at the results of this consultation carefully in order to continue providing the best possible protection and support for victims of domestic abuse”.

Psychological & Emotional Effects of Domestic Abuse

Women in abusive relationships often feel sadness, instability and shame, and there are numerous psychological effects of domestic abuse that are mentally and emotionally damaging. Victims are often dependent on their abusers and lose all sense of self-awareness or empowerment.

Depression
In the 2000 edition of “Trauma, Violence, and Abuse,” O.B. Barnett reports that 60% of abused women are depressed, a much higher average than non-abused women.

Post Traumatic Stress Disorder
Abused women may suffer from post-traumatic stress disorder (PTSD) during abusive relationships or even after they have gained physical freedom from their abuser. Symptoms of PTSD include nightmares, flashbacks, anxiety and avoidance of situations that might trigger memories of abuse.

Self-Esteem
Many victims of domestic violence suffer from low self-esteem; the abuse can erode whatever positive feelings the victim has about herself.

Guilt and Shame
Victims often feel guilty that the relationship is violent and can even blame themselves for the abuse; they might also feel too much shame or embarrassment to seek help.

Parenting
Children who are witnesses to abusive relationships can suffer from aggression, emotional problems, sleep disorders such as insomnia or bed wetting and anxiety; they are also more likely to end up in abusive relationships themselves, either as the abuser or the victim.