Controlling & Coercive Behaviour
Controlling and Coercive behaviour
​
Domestic violence is a serious issue, and the government, police, and CPS have taken a much tougher stance on it in recent times. Since 2015, coercive and controlling behaviour has been officially recognised as a form of domestic violence and abuse. This means that it is now illegal to engage in this behaviour in intimate or family relationships.
​
Controlling or coercive behaviour is a criminal offence in the UK. It is general defined as a pattern of behaviour that is used to control or coerce another person.
​
What is controlling or coercive behaviour?
​
Coercive behaviour as ‘an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.’
​
Controlling behaviour is defined as: ‘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.’
​
The behaviour can be physical, emotional, or psychological. It can include things like:
General Examples
-
Isolating the victim from their friends and family
-
Monitoring the victim's movements
-
Controlling the victim's finances
-
Degrading or humiliating the victim
-
Threatening or using violence against the victim
Physical abuse
-
Assaulting or threatening to assault or hurt the person
Psychological abuse
-
Purposefully isolating a person, or preventing them from socialising with family and friends
-
Demeaning and belittling a person, such as telling them they are worthless
-
Pressurising someone into sexual activity
-
Monitoring their time
-
Tracking a person via online communication tools
-
Controlling aspects of their everyday life, such as where they can go, who they can see, what they can wear, and when they can sleep
-
Making degrading and dehumanising rules for the victim
-
Threatening to harm a child or family pet if the victim does or does not do certain things
-
Threatening to publish private information about the victim or disclosing private information such as HIV status or sexual orientation without their consent
-
Using threats of family dishonour to convince the victim to behave in a certain way
-
Financial abuse
-
Controlling the person’s finances or taking their wages or benefits
Other forms of abuse
-
Forcing the victim to become involved in criminal activity, such as shoplifting or drug dealing
-
Preventing them from accessing support and medical services
What do the Prosecution have to prove?
​
Section 76 of the Serious Crime Act 2015 makes clear that if a case is to be made out against a person accused of controlling & coercive behaviour 4 components must be shown to have occurred or be apparent.
-
Repeated or continuous behaviour towards another, that is ‘controlling or coercive’; and
-
At the time of the behaviour, the individuals concerned are ‘personally connected’; and
-
The behaviour has a ‘serious effect’ on the person, and
-
The individual knows or ‘ought to know’ that the behaviour will have a ‘serious effect’ on the person.
Personal Connection
​
Parties are ‘personally connected’ where they are:
-
In an intimate personal relationship with each other or
-
they live together and are either part of the same family or have previously been in an intimate personal relationship with each other.
-
It can also include Someone whom you were previously married to or in a civil partnership with.
It does not however include the behaviour of a parent towards a child under the age of 16.
Serious effect
​
The behaviour must have a serious effect on the victim.
The prosecution will have to prove that an individual’s behaviour has a ‘serious effect’ in one of two ways. Either the behaviour has caused the victim to fear, on at least two occasions, that violence will be used against them, or it has caused the victim to fear serious alarm or distress which has a substantial adverse effect on their day-to-day activities.
​
Such behaviour can include things like:
-
Fearing for their safety
-
Feeling depressed or anxious
-
Having difficulty sleeping or eating
-
Losing their job or social relationships
Substantial adverse effect
​
For coercive and controlling behaviour to be unlawful, it must have a significant adverse impact on the victim's daily life. This could include preventing them from socialising, changing the way they socialise, or causing them to develop mental health issues. It could also lead to them changing the victim's work patterns, employment status, route to work, or attendance record at school.
​
Repeated or continuous
This is to be interpreted literally. The behaviour must involve repeated or continuous acts. The behaviour need not be of the same nature, but it must be designed to control or coerce the victim or intended to do so.
‘Ought to know’
The prosecution will have to demonstrate that an accused knew that which a reasonable person in possession of the same information would know.
SENTENCING
A person found guilty of controlling or coercive behaviour under the Serious Crime Act 2015 faces:
-
Convictions in Crown Court: jail for up to five years, or a fine, or both
-
Convictions in the Magistrates Court: jail for up to 12 months, or a fine, or both Ancillary Orders
​
Often as a matter of routine, the prosecution will apply for a restraining order. This can even occur when a person is not guilty of the offence otherwise known as acquitted. Prosecutors will liaise with the police to obtain the complainant’s views prior to an application being made.
​
Is there a defence against controlling or coercive behaviour?
Section 76(8) of the Serious Crime Act 2015 provides a statutory defence for people accused of controlling or coercive behaviour. This defence can be used if the accused can show that they believed their behaviour was in the best interests of the other person. However, the behaviour must also be reasonable in the circumstances and must not involve threats of violence.
It is not enough for the accused to simply state that they believed their behaviour was in the best interests of the other person. To use this defence, they must show that a reasonable person with access to the same information would also find the behaviour to be reasonable.
The most common defence is for the accused to deny engaging in the behaviour at all.
Relationships can be complex and there are often grey areas when it comes to behaviour. For example, someone might be coerced into attending a social event they don't want to go to, or they might be controlled from spending too much money. These examples would not be considered criminal offences.
However, when a relationship breaks down, the complainant may exaggerate their complaints. The two examples above could easily become "she made me go to social gatherings against my will" or "she controlled my finances and wouldn't let me buy anything with my own money." In these situations, it is understandable that the accused would feel aggrieved by the allegations made against them by the police.
​
It is important to remember that the burden of proof lies with the prosecution. They must prove beyond reasonable doubt that the accused engaged in controlling or coercive behaviour. If they are unable to do this, the accused will be acquitted.
How can Joe Rawlings help me?
Joe Rawlings understands the serious nature of allegations of controlling or coercive behaviour. Whilst the risk of being arrested for these offences is high, the risk of being charged can be significantly reduced with the right representation. That's why it's important to have an experienced solicitor on your side if you are facing these allegations.
Joe has 25 years of experience defending in domestic abuse cases and has a wealth of experience in dealing with cases involving controlling or coercive behaviour. He understands the complex legal framework that governs these offences, and he will work tirelessly to build a strong defence on your behalf.
If you have been arrested or charged with controlling or coercive behaviour, Joe urges you to contact him as soon as possible. He will provide you with the legal advice and representation you need to navigate this difficult situation.
Joe understands that being accused of controlling or coercive behaviour can be a very stressful and emotional time. He is here to support you every step of the way, and he will do everything we can to help you achieve the best possible outcome.
Please do not hesitate to contact Joe today for a free consultation. He is here to help.
Here are some of the services that we can provide to clients facing allegations of controlling or coercive behaviour:
-
Legal advice and representation
-
Assistance with gathering evidence
-
Interviewing witnesses
-
Building a case for the defence
-
Providing information about rights and options
-
Answering questions
​
Joe understands that these cases can be very difficult, and he is here to support you every step of the way.