One minute guide: Coercive control offence

What is coercive control?

Coercive control or controlling behaviour is a common feature in abusive relationships. It can include domination without acts of violence and usually involves a range of financial, emotional and other forms of pressure designed to control and dominate an intimate partner (or ex-partner). Victims report that coercive control can be more damaging than physical abuse and can greatly undermine their confidence and self-esteem.

The Domestic Abuse Act 2021 states that the behaviour of one person to another person is domestic abuse if a) both people are aged 16 or over and are personally connected to each other, and b) the behaviour is abusive. Behaviour is abusive if it contains any of thefollowing: a) physical or sexual abuse; b) violent or threatening behaviour; c) controlling orcoercive behaviour; d) economic abuse; and/ or psychological and/ or other abuse. It doesnot matter whether the behaviour consists of a single incident or a course of conduct(Domestic Abuse Statutory Guidance 2022).

Coercive control is a significant indicator of risk to life, especially after a relationship has ended and has featured highly in Domestic Homicide Reviews in Leeds.

What is the coercive control offence?

Victims who are subjected to sustained patterns of domestic abuse can seek protectionunder the Coercive Control Offence in Section 76 of the Serious Crime Act 2015 whichcame into force on 29th December 2015. The 2015 Act defined ‘personally connected’people as people who are/ were intimate partners or family members and who livetogether. The 2021 Domestic Abuse Act updated this definition to remove theco-habitation requirement and extend the definition to include post-separation abuse andfamilial abuse where the victim and perpetrator do not live together.

The offence of coercive or controlling behaviour is applicable where:

The victim and perpetrator are personally connected when the behaviour takes place;
The behaviour has had a serious effect on the victim;
The behaviour takes place repeatedly or continuously; and
The perpetrator must have known that their behaviour would have a serious effect on the victim, or the behaviour must have been such that he or she “ought to have known” it would have had that effect.

(definition taken from the Controlling or Coercive Behaviour Statutory Guidance 2023)

The offence means that victims who experience extreme psychological and emotionalabuse can see the perpetrators brought to justice. The offence carries a maximum of fiveyears' imprisonment, a fine or both. When looking at cases, prosecutors look at the overalleffect the controlling and/or coercive behaviour has had on the victim. The considerationof the cumulative impact of controlling and coercive behaviour and the pattern ofbehaviour within the context of the relationship is crucial.

Practitioners should talk to people they are working with about the seriousness of coercivebehaviour, the fact that it is a criminal offence and where appropriate help them to accessrelevant support. This may include assisting them to contact the police to report a crime.

What kinds of abusive behaviour might be taking place?

This type of abuse in an intimate or family relationship can include a pattern of threats,humiliation and intimidation. This behaviour can include:

Stopping or changing the way someone socialises;
Controlling their social media accounts;
Limiting access to family, friends and finances;
Dictating what they wear;
Monitoring a person via online communication tools e.g. tracking apps on mobile phones; and
Repeatedly putting them down such as telling them they are worthless and humiliating and embarrassing the victim.