Coercive Control IS Domestic Abuse

The Domestic Abuse (Scotland) Act 2018 is applicable to all domestic abuse cases from April 2019. This new law redefined domestic abuse cases and now acknowledges domestic abuse as a crime, it also includes coercive control as an abusive behaviour and therefore is now a criminal offence. Prior to this, the law only focused on the physical violence so this was a huge step in the right direction for those suffering psychological and emotional manipulation at the hands of their partner. This law now recognises that abusive behaviour doesn’t need to be physical for it to be domestic abuse. It is also completely gender neutral and applies to any two individuals who are in a relationship, wither they live together or not.

What is abusive behaviour? Abusive behaviour is any threatening, intimidating or violent behaviour directed to a partner or ex-partner. This law looks at the effects the behaviour has had to the persons physical and mental health.

What is coercive control? Coercive control is quite simply about manipulation and control, it is a repeated amount of intimation, humiliation and abuse which leads to the person who is being abused doubting their own thoughts, feelings and even their own sanity. It can include isolating you from your family and friends, calling you names, putting you down or constantly checking up on your every move. The abuser wants to control what you do, who you talk to and even what you wear. Now please remember it is not always as obvious as telling you directly you can’t go out with your friend or you can’t wear certain clothes, they will usually manipulate you so that you are the one saying you won’t go out or you will change what you wear just to avoid upsetting them or an argument.

This law also takes into consideration the impact domestic abuse has on children, so if a child(ren) are present at any point of the abuse (even if the child(ren) is not harmed) this will automatically make the offence worse and can result in a longer sentence for the abuser.

In addition to this, if someone is found guilty of domestic abuse, the courts have to consider a Non-Harassment Order to help protect and prevent against further abuse. An NHO would detail conditions to stop the abuser from approaching or contacting the survivor. If they break the order set by the courts, then they could face up to 5 years in prison.

This change in law has been welcomed by all domestic abuse services across Scotland. Justice Secretary Humza Yousaf said “The Domestic Abuse Act makes absolutely clear that coercive and controlling behaviour is domestic abuse and a crime. I am proud Scotland is leading the way with this groundbreaking legislation, which uniquely recognises the effect of domestic abuse on child victims as well as adults.

The main focus of this article is to educate you, so you know that coercive control is, you know it is abusive and illegal and you don’t wait for physical violence before classing it as domestic abuse. For more information on what signs to look out for, please refer to my other blog on the Top Signs of Domestic Abuse.