New domestic violence law in the United Kingdom
Meanwhile, domestic violence laws in England and Wales now consider emotional and psychological abuse as legally actionable. The new legislation targets those who subject spouses, partners, and family members to psychological and emotional torment, but stop short of violence. The new law5 follows a Home Office consultation showing that 85% of participants said the existing law did not provide sufficient protection and a Citizens Advice report showing a 24% rise in people seeking advice for domestic abuse.
The new law falls under the Serious Crime Act 2015 of England and Wales. The act creates a new offense of “controlling or coercive behavior in intimate or familial relationships.” The act states: “The new offence closes a gap in the law around patterns of controlling or coercive behavior in an ongoing relationship between intimate partners or family members.”
Breaking the law carries a maximum sentence of 5 years’ imprisonment, a fine, or both. The behavior must have had a “serious effect” on the victim, meaning that it has caused the victim to fear violence will be used against them on “at least two occasions,” or it has had a “substantial adverse effect on the victim’s day to day activities.”
The alleged perpetrator must have known that his behavior would have a serious effect on the victim, or the behavior must have been such that he “ought to have known” it would have that effect.
The new law includes honor-based violence, female genital mutilation, and forced marriage. The law explicitly states that the victim may fear that the perpetrator has asked another person to commit violence against them, thus including family honor killings.
Gendered nature of domestic controlling or coercive behavior
While all legislation is gender neutral, women and girls are disproportionately affected by crimes of domestic violence and abuse. Women from black and minority ethnic backgrounds may experience barriers to reporting, such as a distrust of the police, concerns about racism, language barriers, concerns about family finding out, or fear of rejection by the wider community. A victim might be fearful about her children being taken away if she makes a report. Lesbian, gay, bisexual, and transgender individuals in relationships may be subjected to threats to reveal sexual orientation to family or others.
Interestingly, the U.K. guidelines state that victims of controlling or coercive behavior may not recognize themselves as victims. Therefore, it is important that the new offense be considered by the police and other authorities in attendance at all call-outs. Police are encouraged to ask questions about rules, decision making, norms, and fear in the relationship, rather than just what happened. The guidelines provide specific comments about handling perpetrators who are described as being “particularly adept” at manipulating professionals, agencies, and systems, and may use a range of tactics in relation to this offense, including targeting people who might be vulnerable (there may be evidence of this from previous relationships) and using the system against the victim by making false or vexatious allegations to agencies.
The Authorized Professional Practice on Investigating Domestic Abuse issued by the College of Policing states: “A manipulative perpetrator may be trying to draw the police into colluding with their coercive control of the victim. Police officers must avoid playing into the primary perpetrator’s hands and take account of all available evidence when making the decision to arrest.” Such evidence includes attempting to frustrate or interfere with the police investigation; making counterallegations against the victim; and using threats of manipulation against the victim – such as telling the victim that he will make a counterallegation against her, that the victim will not be believed by the police or other agencies, that he will inform social services, or that he will inform immigration officials where the victim does not have a right to remain.
How can psychiatrists raise awareness?
• Individual change. Abusive controlling behavior can have its origin in childhood psychological experiences, in the same way that honor killings and wife beating can have their roots in the perpetrator’s cultural experience. As a child, the adult perpetrator may have been a direct victim of violence or may have been a witness to domestic violence. Controlling abusive behavior also can occur as a choice in perpetrators with personality disorders unrelated to childhood experiences. It can occur in a person with both exposure and personality disorder. It is important to understand the origins and reasoning behind the behavior in order to understand how best to intervene.
If the behavior is based on the childhood experience of the prevailing sociocultural practice, the psychiatrist can explore values and beliefs, identifying those that are based on family and cultural factors. Beliefs that have been present during a person’s entire life can appear as the unexamined “background” of their lives. Bringing those beliefs to the fore can allow discussion. For example, does the individual hold the belief that women are possessions? What is the basis of holding such a belief? How does he account for the differences between societies?