The home secretary, Theresa May, announced on Thursday that a new domestic abuse offence of “coercive and controlling behaviour” is to be introduced, carrying a penalty of up to five years in prison and a fine.
May said that the new offence was needed because such behaviour in relationships could be “tantamount to torture”. The decision is a victory for campaigners who have long argued that domestic abuse is more than a series of episodes of physical violence by a partner or ex-partner.
But Refuge said the behaviour would be extremely difficult to prove, and police were not properly implementing the existing laws against serious physical violence.
Sandra Horley, the chief executive of Refuge, said she did not believe that criminalising coercive control was the right solution. “We already have enough laws – the problem is that they are not being implemented properly,” she said. “The police don’t even arrest when there is evidence of serious physical violence, so how are police and juries ever going to understand complex concepts like coercive control?
“Controlling behaviour can be incredibly subtle, and isn’t always coercive. Extreme jealousy and possessiveness, for example, can be dressed up to look like care or concern. Providing evidence of such behaviours to satisfy criminal standards is likely to be extremely difficult.”
However, Polly Neate, of Women’s Aid, strongly supported the new criminal offence, saying it was a significant step in protecting women experiencing domestic violence.
“We welcome the home secretary’s announcement that the government will criminalise the patterns of coercive, controlling and psychologically abusive behaviour which lie at the heart of the abuse so many women experience,” she said. “We hope this new law will lead to a real culture change, so that every woman experiencing control can get the support she needs to break free safely.”
The new offence will outlaw “sustained patterns of behaviour that stop short of serious physical violence, but amount to extreme psychological and emotional abuse,” the Home Office said. “Victims … can have every aspect of life controlled by their partner, often being subjected to daily intimidation and humiliation.”
The Home Office said the legislation would be drafted in a way that ensures it is clear and proportionate and does not impact on ordinary power dynamics in relationships. Officials say there are a number of ways that the testimony of victims could be supported by documentary evidence, such as threatening emails and text messages, and bank statements that show the perpetrator has sought to control a victim financially.
Introducing the new offence, May said domestic abuse by intimate partners or family members was a hideous crime that shattered lives.
“In many cases, dominance over the victim develops and escalates over the years until the perpetrator has complete control,” she said. “Putting a foot wrong can result in violent outbursts, with victims living in fear for their lives.”
May said that meeting survivors of domestic abuse and hearing their shocking stories had made her all the more determined to put a stop to “this scourge on our society. The government is committed to protecting the victims of this terrible crime and it is clear that this new offence has the potential to save lives”.
The offence will be brought in by an amendment to a Home Office bill now going through parliament. It will cover cases in which the abuser prevents their victim from having friendships or hobbies, refuses them access to money or determines minute aspects of their everyday life, such as when they are allowed to eat, sleep and go to the toilet.
