Coercive control involves a pattern of behavior that abusers use to dominate and control their partners. It is often subtle and insidious, making it more difficult to detect – even victims themselves may not realize they are being abused. Coercive control frequently accompanies physical violence but it can be just as damaging in relationships without physical abuse.
In recent years, a number of jurisdictions have enacted laws to criminalize non-physical abuse, including coercive and controlling behavior. These laws focus on addressing ongoing patterns of harm rather than isolated incidents.
Legal Recognition of Coercive Control
Traditionally, criminal law has treated repeated incidents of intimate partner violence (IPV) as individual events, addressing each separately through specific offences. This approach fails to capture the overall pattern of abuse and the long-term harm it inflicts.
However, there is now a growing recognition of coercive control as a form of domestic abuse that needs to be addressed legally. Several countries have introduced laws specifically targeting this behavior, while others are in the process of doing so.
Where is Coercive Control Illegal?
United Kingdom
The UK has been a pioneer in recognizing and criminalizing coercive control. In December 2015, England and Wales introduced the Serious Crime Act, which made coercive control a criminal offense. This law recognizes that abuse is not always physical and that it may encompass controlling behavior, verbal abuse, isolation, monitoring and stalking, emotional abuse, intimidation, or financial abuse.
The legislation was groundbreaking, acknowledging that the psychological harm caused by coercive control can be just as damaging as physical abuse. Scotland followed suit with the Domestic Abuse (Scotland) Act 2018, which also criminalizes coercive control.
While the UK’s coercive control laws sent a significant message and set a precedent for other countries to follow, actual conviction rates remain alarmingly low. According to the Office for National Statistics, in the year ending March 2020, there were 24,856 recorded coercive control offences in England and Wales. However, only 1,647 cases resulted in a charge or summons, highlighting the challenges in securing convictions.
Ireland
In Ireland, coercive control was criminalized under the Domestic Violence Act 2018, which came into effect on January 1, 2019. This legislation recognizes the severe impact of non-physical abuse and aims to protect victims from psychological harm. Under this law, individuals found guilty of coercive control can face significant penalties, including up to five years of imprisonment.
Australia
Coercive control is now a crime in two states of Australia. New South Wales recently passed laws that criminalize coercive control, which came into force on 1 July, 2024. This legislation, which carries penalties of up to seven years in prison, marks a crucial development in the state’s approach to addressing domestic violence.
The State of Queensland followed soon after, passing legislation to criminalize coercive control, which will come into effect in 2025. Queensland’s new legislation followed the tragic case of Hannah Clarke, who was murdered along with her three children by her estranged husband after enduring years of coercive control. Under the new laws, perpetrators of coercive control will face up to 14 years in prison if found guilty.
United States
Is coercive control illegal in the United States? The legal recognition of coercive control varies by state. California and Hawaii have specific laws against coercive control. In California, Senate Bill 1141, passed in 2020, defines coercive control as a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty. Hawaii’s law similarly recognizes coercive control as a form of domestic abuse. Other states, including Connecticut and New York, are also working towards implementing legislation to address coercive control.
Canada
Canada is making strides towards recognizing coercive control within its legal framework. In June 2024, Members of Parliament unanimously voted to criminalize coercive control in Canada. This new legislation, introduced as a private member’s bill C-247 by New Democrat MP Laurel Collins, aims to address various forms of psychological manipulation and control within intimate relationships. While the bill is still under consideration, it represents a significant step forward in addressing coercive control in Canada.
Where Else is Coercive Control a Crime?
In several countries, amendments to domestic violence acts are being made to expand the definition of domestic abuse to include coercive and controlling behavior. For example, New Zealand’s Family Violence (Amendments) Act 2018, which took full effect on July 1, 2019, feature an updated definition of family violence that places greater emphasis on coercive and controlling behavior. This includes patterns of behavior, such as isolating a person from family members or friends, which consist of physical, sexual, and psychological abuse.
Additionally, in 2021, the European Court of Human Rights urged authorities to promptly revise the legal definition of domestic violence to encompass manifestations of controlling and coercive behavior. These amendments signify a critical shift towards acknowledging and addressing the full spectrum of abuse that victims may endure.
Challenges and Future Directions
While significant progress has been made in recognizing coercive control and making it a crime, challenges remain in ensuring laws are effectively implemented and enforced. Training for law enforcement officers, judges, and other professionals is essential to help them recognize and respond to coercive control appropriately. Without this education, new laws may not be applied effectively.
Proving coercive control in court poses significant challenges for victims. Since coercive control often involves psychological and emotional abuse rather than physical evidence, it can be difficult to provide concrete proof. Victims may struggle to gather evidence that demonstrates a pattern of controlling behavior, and abusers frequently manipulate situations to appear innocent. The lack of tangible evidence makes it challenging for victims to convince authorities and courts of their abuse.
Ensuring that victims feel safe and supported when coming forward is another critical challenge. Many victims fear retaliation from their abusers or lack trust in the legal system to protect them. Providing comprehensive support services, including safe housing, legal assistance, and counseling, is essential to help victims escape abusive situations and rebuild their lives.
Criminalizing coercive control changes how intimate partner violence is prosecuted by acknowledging the overall pattern of abuse, not just isolated incidents. This approach supports victims’ credibility and reveals the full extent of the abuser’s actions. Legal recognition of coercive control is vital for victims of non-physical abuse, providing better protection and increasing the likelihood of convicting abusers. It also helps the public, law enforcement, and judges understand the serious nature and damage of psychological abuse.
Featured image: Coercive control is a crime in many countries. Source: Gorodenkoff / Adobe Stock.
