Understanding and addressing the psychological abuse that occurs in coercive and controlling relationships has been a crucial step in improving protections for victims within the legal system of England & Wales. While domestic abuse has long been recognised in its physical forms, the law has increasingly come to appreciate the insidious nature of non-physical abuse, including manipulation, intimidation, and psychological harm. The criminalisation of coercive control marks a progressive shift towards a more comprehensive understanding of abuse, recognising the profound damage it can cause. This article explores the legal protections available to victims, the challenges involved in enforcing these laws, and the broader implications for society.
What is Coercive Control?
Coercive control is a pattern of behaviour used to dominate, manipulate, and intimidate another person. Unlike overt physical violence, it is often subtle and sustained, chipping away at the victim’s autonomy and sense of self. It may include isolating the victim from friends and family, controlling their finances, monitoring their movements, humiliating them, or threatening their safety. This form of abuse is insidious because it can be difficult to identify, and victims may not even realise they are being controlled until the effects are deeply ingrained.
The impact of coercive control is profound. Victims can experience depression, anxiety, post-traumatic stress disorder, and a diminished capacity to make independent decisions. Over time, the behaviour can erode a person’s dignity, confidence, and ability to escape from the relationship. Recognising the seriousness of coercive control was a pivotal moment in the evolution of domestic abuse law.
The Legal Framework: Criminalisation of Coercive Control
In England & Wales, coercive and controlling behaviour became a specific criminal offence under Section 76 of the Serious Crime Act 2015. This law acknowledges that domestic abuse is not just about physical violence but also psychological abuse that can have equally devastating consequences. It criminalises patterns of behaviour that are controlling or coercive and which have a serious effect on the victim.
Under the Act, the prosecution must demonstrate that the accused’s behaviour caused the victim to fear that violence will be used against them on at least two occasions, or that it had a substantial adverse effect on their day-to-day activities. Crucially, the legislation applies specifically to intimate or familial relationships—a recognition of the context in which such behaviours most commonly occur.
This law was seen as a watershed moment in addressing domestic abuse in its many forms, providing a mechanism to hold abusers accountable for sustained patterns of non-physical abuse. To qualify as coercive control under this legislation, the behaviour must have taken place on at least two occasions, and the perpetrator must have known or ought to have known that their behaviour would have a negative impact on the victim.
Who Can Be Prosecuted?
The offence of coercive control applies to individuals who are personally connected to the victim. This includes current or ex-partners, as well as family members. The existence of this connection is critical; without it, the offence cannot be established. The limitation to these relationships reflects the unique dynamics of power and trust that make coercive control distinct from other forms of abuse.
In some cases, the perpetrator may not even live with the victim. This is particularly relevant for relationships that continue after separation, where the emotional and psychological hold may persist or even intensify. The law provides a safeguarding mechanism for victims trapped in such pernicious cycles of abuse.
The Legal Threshold for Prosecution
For a successful prosecution under the Serious Crime Act, several elements need to be proven beyond reasonable doubt. Firstly, there has to be evidence of repeated or continuous behaviour that is controlling or coercive. The behaviour must also have had a serious effect on the victim, either by making them fear violence or by significantly affecting their freedom of action and quality of life.
The threshold for what constitutes a “serious effect” is purposefully broad. It can include scenarios where the victim feels forced to change how they behave, avoid particular social situations, or remain in the relationship for fear of the consequences of leaving. However, despite its broad definition, demonstrating these effects in a criminal trial can prove challenging. Evidentiary requirements, as well as a victim’s own ability to articulate their experience in court, often complicate matters.
Challenges in Proving Coercive Control
One of the principal difficulties in prosecuting cases of coercive control lies in evidentiary barriers. Unlike physical violence, which may leave visible injuries or a clear trail of evidence, coercive control often operates in secrecy and may not leave tangible proof. Much of the behaviour occurs behind closed doors, and when it is insidious, it may feel, to the victim, like an ordinary part of their relationship rather than an abuse of power.
In many cases, the evidence needed to substantiate claims will hinge on testimonies from the victims themselves, which can be problematic. Victims may struggle to recount specific instances or patterns of abuse coherently. They may fear reprisal from the perpetrator, experience humiliation, or find it too emotionally difficult to revisit the trauma. Their perceived credibility in court proceedings is also a potential issue.
There are also practical limitations on police and prosecution services. Adequate training is essential to ensure that law enforcement officials understand the nuanced nature of coercive control—this includes recognising patterns of behaviour, gathering appropriate evidence, and supporting victims sensitively. Without such understanding, cases may not progress to prosecution, leaving victims unprotected.
Additional Legal Protections for Victims
While the criminalisation of coercive control is an essential step, it is not the only legal protection available for victims. Courts in England & Wales can issue protective orders, such as Domestic Violence Protection Orders (DVPOs) or Non-Molestation Orders, aimed at safeguarding victims from further harm. These orders are civil law mechanisms but can impose conditions that restrict the perpetrator’s ability to contact the victim.
Protective orders may include prohibitions against threatening behaviours, requirements to stay away from certain locations, or restrictions on any form of communication. Breaching a DVPO or Non-Molestation Order can lead to criminal charges, providing an additional deterrent.
The Domestic Abuse Act 2021 further strengthens protections for victims. Among its provisions is the recognition of children as victims of domestic abuse in their own right if they witness or are impacted by abuse within their household. The Act also introduced new Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs), offering more comprehensive support to victims and enabling courts to impose versatile and enforceable restrictions on perpetrators.
The Importance of Education and Awareness
Legal protections for victims are only as effective as the systems in place to implement them. Public awareness of coercive control is paramount in shifting societal attitudes and ensuring that abuse is recognised, reported, and addressed appropriately. Campaigns to educate the public about coercive control are as critical as ensuring legal definitions and enforcement mechanisms are fit for purpose.
Equally, those involved in the justice system, from police officers to magistrates, need specialised training on coercive control to approach these cases with the sensitivity and understanding they demand. Victims are more likely to come forward and seek help when they trust that their experiences will be taken seriously.
The Role of Support Services
Beyond the legal framework, support services, charities, and advocacy groups play a vital role in helping victims of coercive control. Organisations such as Refuge and Women’s Aid offer helplines, counselling, and refuge accommodation. These services often act as the first point of contact for victims seeking help, equipping them with the information needed to navigate the legal system and find safety.
Specialist advocacy services, such as Independent Domestic Violence Advisers (IDVAs), work directly with victims of coercive control to offer support through the court process and beyond. By helping victims access legal protections, IDVAs ensure that the law translates into tangible change in victims’ lives, providing reassurance along the way.
Conclusion
The recognition of coercive control as a criminal offence reflects a growing understanding of the complexities of domestic abuse in England & Wales. However, while legislative progress is commendable, it is just one part of an intricate puzzle. The effectiveness of legal protections depends not just on how laws are written, but also on how they are implemented and enforced in practice.
For victims, understanding their rights is an essential step toward breaking free from controlling relationships. However, legal remedies must be accompanied by robust support systems, public awareness efforts, and a commitment to continuous improvement in how the legal system recognises and responds to abuse.
Ultimately, addressing coercive control requires a collective effort across society. By improving understanding, strengthening enforcement mechanisms, and ensuring victims receive compassionate support, we can move closer to a system that truly protects vulnerable individuals and holds perpetrators accountable. The criminalisation of coercive control represents progress, but there remains much work to be done.