Domestic Abuse Law Update: Controlling and Coercive Behaviour At the end of December 2015, Section 76 of the Serious Crime Act 2015 came into force, this introduced the new criminal offence of “Controlling or coercive behaviour in an intimate or family relationship”. This offence has been introduced in order to strengthen the powers of the police and Courts in tackling domestic abuse and dealing with those cases when an individual is trapped in a controlling and abusive relationship, but may not have been physically assaulted. This offence can result in a conviction of up to five years imprisonment.
What is controlling or coercive behaviour? The Government definition of Controlling behaviour is: “a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.”
of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their victim”
For example: • • • • • • •
Name calling Mind games Threats to hurt, even kill Destruction of property (criminal damage) Physical assault Rape Forcing the victim to take part in rules/activities which humiliate, degrade or dehumanise the victim.
For example:
Controlling/coercive behaviours do not only occur at the family home. The victim may be monitored by phone or via social media from a distance by the perpetrator. For example, receiving countless phone calls, threats over the phone/via social media.
• •
What does the offence involve?
Financial Control Control of social networking mobile phones • Preventing contact with family and friends • Preventing the victim from work • Monitoring time • Controlling everyday activities - where they can go, what they can wear Coercive behaviour is defined as: “a continuing act or pattern of acts
To be Guilty of an offence under this Section it must be proven that the perpetrator of the offence: repeatedly or continuously engages in behaviour towards another person that is controlling or coercive; and the perpetrator and the other person are personally connected; and the behaviour has a serious effect on that other person, and the Defendant knows or ought to know that the behaviour will have a Wa ke f i e l d
serious effect on that other person.
How are people “personally connected”? People are personally connected if: They are in an intimate relationship; They live together and are either Members of the same family or have previously been in an intimate relationship.
Who does the offence not apply to? • The offence does not apply when the behaviour in question is perpetrated against a child under 16 by someone aged 16 or over who has responsibility for that child. This is because other parts of the criminal law already cover this offence.
Is there a defence? The only available defence is if the person believes that this was “reasonable in all the circumstances.” At Ramsdens, we welcome this new law. It is important to recognise that domestic abuse takes varying forms and anything that seeks to bring perpetrators of such abuse to justice is welcomed.
Remember - You are not alone. • In an emergency - always dial 999 and contact the police for assistance. • Support is available to you through agencies such as the National Domestic Violence Helpline- 0808 2000 247 open 24 hours a day, seven days a week. E d i t i o n
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