Coercive Control was introduced as an offence in the United Kingdom under the Serious Crime Act 2015. Section 76 of the Act made it an offence to engage in controlling or coercive behaviour in an intimate or family relationship (including both heterosexual and same-sex relationships) if the behaviour caused the victim to fear that either violence would be used against them or that they would suffer serious psychological harm.
Coercive control can refer to a variety of patterns of controlling behaviour. These include psychological abuse, isolation, monitoring, threats, and manipulation, in fact any form of domestic abuse that can lead to devastating emotional and psychological consequences for the victim/s.
In order to define behaviour as controlling or coercive, it needs to be shown that :
- The behaviour was occurring repeatedly or continuously
- The pattern of controlling behaviour included isolation, threats, and degradation
- The behaviour is causing significant harm to the victim either psychologically or because it led to a fear that violence would be used against them
It’s introduction marked a legal development by recognising that abuse isn’t just about physical violence but also involves psychological and emotional manipulation.
Since its introduction the new legislation has drawn support from many quarters, including from Jess Phillips, the government’s safeguarding minister, who said that the new measures have:
“Placed it where it belongs – on a par with serious violent offending. This is an important step to recognise the harm caused by all forms of domestic abuse, ensure the most harmful offenders are managed in the right way, and ultimately keep victims safe.”
How has the offence of coercive control developed since its introduction?
Since 2015, the legal and cultural understanding of coercive control has significantly advanced.
Initially the focus was on physical violence. However, the new offence brought increased attention on non-physical abuse. In tandem legal professionals, the police, social workers, and other agencies have received more training to help them support services to recognise the signs of and deal with the effects of coercive control. This is particularly important as the signs are often harder to detect than with physical abuse, particularly if victims did not realise they had been of party to any form of non-physical coercive behaviours.
Since becoming a criminal offence in 2015, the legislation surrounding coercive control has also advanced. Not only is the crime now on par with other domestic abuse offences, the Victims and Prisoners Act 2024 that came into force on February 3rd, 2025 has changed the way prisoners convicted of controlling or coercive behaviour are treated.
Everyone convicted, particularly those sentenced to 12 months or more, are now automatically managed under multi-agency public protection arrangements (MAPPA). This means the agencies involved must share information to counter any increased risk the prisoner poses to former partners and the public.
The UK’s lead has also forced changes in other jurisdictions.
In Australia the state of Tasmania introduced coercive control as a criminal offence is 2017. New South Wales followed in 2020 and several other Australian states are currently considering introducing similar laws. In 2018, New Zealand’s Domestic Violence Act was amended to include a broader understanding of psychological abuse to enable better handling of cases involving coercive control.
Meanwhile, although there are still no Federal laws criminalising coercive control in the US, some states – led by California – are exploring potential amendments to their current domestic abuse frameworks.
Challenges to prosecution
Despite the increased legal and public recognition of these cases, prosecuting them is still challenging.
As opposed to physical violence, coercive control can be difficult to prove. There is less likely to be physical evidence and, by definition, this type of behaviour is likely to be masked. This has meant lawyers and the police have had to develop new ways to gather evidence, often involving psychologists expert in these types of behavioural patterns.
There is also growing criticism that the law could be being misused in cases in which it is difficult to establish a clear pattern of coercive behaviour or where the evidence has proven hard to gather.
This may be the reason there is such disparity between the growth in recorded offences and the number of prosecutions over a similar period. In the year ending March 2019 9,053 offenses were recorded, this rose to 45,310 in the year ending March 2024 according to the Office for National Statistics. However, in contrast the number of prosecutions dropped from 1,403 in the year ending March 2021 to 745 in the year ending March 2024.
The natural assumption is that while more coercive control cases are being identified and recorded, there are most certainly serious challenges to seeing these cases through to prosecution which is a challenge all involved must find a solution for.
If you have been affected by or become involved in a case involving controlling or coercive behaviour and would like to discuss it with one of our experienced criminal barristers, please contact us today.