Sixth-year Anniversary of the Criminalisation of Coercive Control
29th December 2021 marked the sixth anniversary of the Serious Crime Act 2015. This act made it so that coercive and controlling behaviour would now be classified as a criminal offence. Coercive control is a type of domestic abuse where one partner attempts to exert an unreasonable and oppressive level of control over their partner’s life and relationships. Similar to other types of domestic abuse, such as physical and sexual abuse, coercive control is a pattern of behaviour that can leave the victim feeling afraid, out of control of their own life, and trapped.
As well as its criminalisation, it is important to consider how coercive control can impact separation and relationship breakdown and the role it can play in the divorce process. If one person involved in a divorce or relationship breakdown feels that they do not have proper agency and control, the entire process can be called into question. It is essential that both people feel as though they are able to speak freely and communicate their needs, and provide information and instructions without duress or fear for their safety. Coercive control can hugely impact upon a victim’s ability to do so.
Despite the criminalisation of coercive control being a huge step forward, statistics, such as those publised by Women's Aid indicate that prosecutions for coercive behaviour continue to be at a 'disappointingly low' level in England and Wales. We think that spreading awareness of this law and its implications is essential if we hope to improve upon the prosecution levels for coercive control and to facilitate fair outcomes within the divorce process.
Many who might benefit greatly from this law do not even know of its existence or that coercive control is now considered criminal behaviour. We hope that opportunities, such as the anniversary of this act, will highlight its existence and get the word out to more people, especially for those who are experiencing it and may not realise that there are now laws in existence to protect them. If you or anyone you know may be affected by this, then please feel free to contact us for a confidential consultation without obligation. Please contact Agasee Law Associates on 01702 932619 or by email at: sybillla@agaseelaw.com.