An Introduction to Coercive Control 14 September 2017

Legislation The offence of Controlling or Coercive Behaviour (Section 76 of the Serious Crime Act 2015) came into force on 29th December 2015. A person (A) commits an offence if—   (a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive, (b) at the time of the behaviour, A and B are personally connected, (c) the behaviour has a serious effect on B, and (d) A knows or ought to know that the behaviour will have a serious effect on B.

Key Definitions Controlling behaviour: 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. Coercive behaviour: 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.

‘Personally connected’ A and B are “personally connected” if— (a) A is in an intimate personal relationship with B, or (b) A and B live together and— (i) they are members of the same family, or (ii) they have previously been in an intimate personal relationship with each other.

Family members Marriage Civil Partners Relatives Agreed to marry each other Entered into a civil partnership agreement Parents of the same child Parental responsibility for the same child. NB. A does not commit an offence under Section 76 if, at the time of the behaviour, they had responsibility for B, and B was aged under 16 years. This would be dealt with as a Child Cruelty offence.

Main Points to Prove Behaviour was repeated / continuous Behaviour was controlling / coercive Behaviour took place on or after 29/12/15 – not retrospective Behaviour had a serious effect on the victim, ie. caused fear of violence / serious alarm or distress.

Examples Isolation Control of finance / resources Monitoring of time / activity / restricting mobility Restricting communication eg. contact with family / friends Stalking Sexual abuse / reproductive coercion Ignoring victim’s needs and feelings .

Gathering Best Evidence LISTEN — ask “ is someone controlling you”? “ Are you afraid to speak up?” OBSERVE BELIEVE BUILD TRUST — ask ‘how can I help?’, what do you need? ACT – Detailed statement, include ‘how does this make the victim feel?’

Risk Considerations for Police Before making an arrest for CC, ensure there is some evidence and a safe exit plan. If victim doesn’t provide a statement, little scope for investigation or interview. Likely NFA which could increase isolation or risk. Record everything evidentially, and make appropriate referrals and a safety plan.

Messages for Partners Raise awareness and understand Coercive and Controlling Behaviour. Recognise it, don’t underestimate it, and look beyond physical harm. Support victims and make them aware the behaviour is illegal. Make a record of what you observe / are told at the time, even if the victim is unsupportive. Consider state of fear, presentation, appearance, demeanour. We could use this as evidence if there is a prosecution down the line when the victim is ready to leave / support!!

Video Clip https://www.youtube.com/watch?v=2MpFOgp3nQ4

Victim’s Comments “It wasn’t that I was just walking on egg shells…. I was making too much noise doing so…” “To rectify the situation for the children's sake, I would have to apologise for something I hadn't done” “Whatever time of day or night he would always have one of the children with him, leaving the other one with me….he knew I would never leave unless I could take both of them” “He used to hide either 5,6 or 7 marked pound coins around the house – only he knew how many – and if I hadn’t got the right amount in my hand when he came home then he knew I had not done enough thorough cleaning and I would suffer”

Victim’s comment’s (cont.) “He would check the mileage to make sure I had just been to the school and back so I was pretty much in a kind of prison really…a very nice prison though I suppose.” (The ‘nice prison’ was her 5 bed family home in the countryside owned by her husband of over 15 years, a local GP.) “People think it’s easy to leave, they don’t understand you are constantly living to survive the moment. That is all you can think about the now, not tomorrow or the next hour, just how you will survive the now” “He used to make me parade around the house in front of the children naked and show them the injuries he had caused. I was embarrassed and humiliated and my son was too”

Any Questions?