Controlling and Coercive Behaviour

There is a significant misconception that physical actions solely define abuse. This belief persisted until 2015, when the UK took a crucial step forward by enacting laws that recognise coercive control and behaviour as criminal offences.

Although Controlling and Coercive Behaviour (CCB) has been an offence for almost a decade, it is not commonly known throughout the UK, which means that not enough victims are coming forward to report instances of it.

At Brown Turner Ross, we understand the value of the general public’s awareness of current legislation, as it means that more people have a deeper understanding of their rights.

Read on to learn more about the legislation of Controlling and Coercive Behaviour.

What is Controlling and Coercive Behaviour?

Controlling and Coercive Behaviour is a pattern of abuse with the intention of controlling or manipulating a victim.

The perpetrator will likely engage in this behaviour as an act of control to subordinate the victim and prevent them from seeking support.

Examples of Coercive Control

A big reason why Controlling and Coercive Behaviour can occur under the radar is that not many people understand what it is, meaning that they cannot spot the signs of it taking place.

Some examples of Controlling and Coercive Behaviour include:

• Controlling the actions of a victim.
• Isolating a victim from their friends and family.
• Threatening violence or death against a victim.
• Threatening to expose a victim’s private information.
• Coercing a victim to get involved in a crime.
• Controlling a victim’s finances and time.
• Belittling and intentional stonewalling

Though there are more signs of CCB, those are the most common signs to be aware of.

Legislation Currently in Place in the UK

Now that you understand the term “Controlling and Coercive Behaviour” better, it is equally important to understand the legislation in place to protect people experiencing CCB.

Serious Crime Act 2015, section 76

Section 76 of the Serious Crime Act 2015 criminalises CCB in an intimate or family relationship.

If the perpetrator and victim are personally connected, the legislation stands. In the past, both parties had to be co-habited, but that has since been amended, ensuring that a case still stands if neither party lives together.

Domestic Abuse Act 2021

The Domestic Abuse Act 2021 is a landmark piece of legislation which was put in place to strengthen the legal protection of victims of domestic and emotional abuse.

This legislation also redefined and expanded the definition of domestic abuse, covering not only physical violence but controlling and coercive acts, too.

One of the most distinctive aspects of this legislation is that it allows domestic abuse offences committed abroad by UK nationals to be prosecuted, ensuring that no abuse goes unpunished.

How Controlling and Coercive Behaviour is Legally Identified

Though we have legislation in place to protect those experiencing CCB, like any crime, Controlling and Coercive Behaviour must be identified before it can be pursued legally.

Section 76 of the Serious Crime Act 2015 outlines the legal identification of coercive control. This means that certain criteria must be met for behaviour to be classed as coercive.

Before someone can be persecuted, there are some Controlling and Coercive Behaviour points to prove in court.

Intent and Knowledge of Impact

It is outlined that the abuser must be aware that their actions will have an impact and hurt the victim. In a legal setting, even if the abuser claims to have no understanding of their impact on the victim, the courts will take into account what a ‘reasonable person’ would understand to be disruptive behaviour.

It is also essential that there has been a significant impact on the victim’s life. For example, there must be proof that the victim has had to change their routine, either to avoid confrontation or out of fear.

Familial or Intimate Relationships

Specific criteria apply to the relationships in which coercive behaviour can occur. For it to be pursued legally, both parties must have a relationship of family or intimacy.

This criteria extends to both current and former partners.

Proof of Continuous and Repeated Abuse

Because of the crime’s definition, sustained abuse must be proven to stand in court.

The legislation does not apply to one-time abuse, so it is essential to prove that the abuse has occurred continuously and there has been a sustained effort to control the victim over time.

Challenges in Prosecution

Unfortunately, like with any legislation, there are still challenges in prosecution. Some of the most common challenges faced when addressing Controlling and Coercive Behaviour include:

Gathering Evidence

One of the main challenges of proving Controlling and Coercive Behaviour is gathering substantial evidence. Because this type of abuse is usually more psychological than physical, it can be difficult to find physical evidence.

This type of abuse often occurs privately, so it can be difficult to find witnesses who can attest to coercive behaviour occurring, which can prove problematic in instances where the evidence is not substantial enough.

Victim Reluctancy

Another challenge of reprimanding an orchestrator of coercive behaviour is victim reluctance. In these cases, the victim has usually developed a relationship of fear with their abuser, and it is common for them to be worried about retaliation.

The victim needs to have strong legal support to ease their fears and ensure that they feel supported throughout the trial, so working with the right solicitor is essential when taking a case to trial.

It is not uncommon for victims of Controlling and Coercive Behaviour to withdraw their statements out of fear of the familial and financial repercussions, which means that perpetrators of the abuse often face no legal consequence.

Being Charged with Controlling and Coercive Behaviour

If proven, Controlling and Coercive Behaviour charges can carry significant penalties. The perpetrator can face prison time, a fine and, more than likely, restraining orders.

These trials’ outcomes are executed with the victim’s safety in mind. There has been a push to express the severity of this crime and hopefully reduce its occurrence, so if you are found guilty, you can serve up to five years in prison.

There have been more efforts to protect women and men from emotional and physical abuse, especially as more and more places are instating Clare’s Law, which allows people to check the criminal history of their partners, identifying if they have ever committed physical abuse or Controlling and Coercive Behaviour.

Moving Forward With Brown Turner Ross

At Brown Turner Ross, we recognise the importance of ongoing awareness, ensuring that anyone in that situation knows the legal protection available to them.

With a new party in power, it is impossible to know what amendments or changes may be made to current legislation, which is why it is essential to stay informed.
Do not hesitate to contact us if you would like to learn about Controlling and Coercive Behaviour or seek confidential legal advice from a member of our team.