Perpetrators of domestic violence use a range of techniques to isolate, terrorise and intimidate their victims. Not all of these techniques are physical – many operate through subtle forms of what has become known as ‘coercive control’, which is defined by the government as “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”.
A few months ago, the Home Office opened a national consultation on whether to criminalise coercive control, and since then many voices have been raised to discuss the merits of such a move. I'm glad the government has been taking a closer look at this issue recently - controlling behaviour can take a huge toll on a woman's life - but I do not believe that this is the right way forward. Quite simply, I don't think that introducing a new offence will be workable in practice, and I do not believe that it will result in meaningful change for victims of domestic violence.
We already have enough laws to prosecute domestic violence. The problem is not a lack of legislation, but a lack of implementation. All too often, the police don't arrest even when there is evidence of serious physical violence, so how are they ever going to understand complex concepts like coercive control?
Last month I was in court as a jury read out its findings at the inquest into the death of a woman called Maria Stubbings. The jury decided that Essex Police had made a huge catalogue of failings that contributed to Maria's death in 2008. One of the specific things they found was the following: a “failure of frontline officers to perform basic policing duties, including failure to arrest perpetrator on numerous occasions.”
Failure to perform basic policing duties. These words say it all.
If the police can't even carry out the day-to-day tasks of basic law enforcement, why are we rushing to arm them with even more laws? Surely it's more important to focus on getting the basics right first? This new offence may sounds good on paper, but it will do very little to improve the lives of women and children experiencing domestic violence.
I also fear that there will be problems with workability. Controlling behaviour can be incredibly subtle: it usually happens in private, domestic settings and isn't always ‘coercive’. Perpetrators often use extreme jealousy and possessiveness to control their partner's movements, for example, but these forms of abusive behaviour are often dressed up to look like ‘care’ or ‘concern’. “I just want you all to myself… I want to be with you all the time because I love you so much… I can't bear the thought of sharing you with anyone else…” These are all controlling techniques that serve to restrict a woman's freedom and social contact with others, but are they coercive? What evidence could be used to prove such behaviours in court?
Controlling behaviour can have a devastating impact on every aspect of a woman's life. She might lose friends, family, her job, even. She might become socially isolated or depressed. But how will this impact be measured and evidenced to criminal standards? Will we need expert evidence to explain to the courts how coercive control has affected a woman? Will we take her word for it? What happens when perpetrators turn the tables and bring allegations of coercive control against their victims?
Criminalising coercive control could also have other unintended consequences. We've all heard the expression, ‘it’s just a domestic’. This attitude governs the way too many police officers respond to desperate, terrified women and children. The words ‘domestic violence’ are heavy with deeply entrenched implications – that it is not a serious crime, that it's a private matter, just an argument that's just got a bit out of hand. What will happen if the police are given a new offence of ‘coercive control’ to wield? Won't they start thinking of this new crime in the same way? ‘It's just coercive control – it's not even physical violence.’ Serious physical offences could be downgraded and perpetrators under-charged.
There are serious, widespread problems with the way the police respond to victims of domestic violence in this country. The report by Her Majesty’s Inspectorate of Constabulary (HMIC) earlier this year made this abundantly clear. These problems are not going to be fixed by the introduction of a new ‘coercive control’ law.
Instead, Refuge is calling for the government to open a public inquiry into the way victims of domestic violence are treated by all state agencies – not just the police. We believe a public inquiry would help to deliver a radical shift in the way we, as a society, respond to domestic violence. This is, after all, a problem on a national scale. We need widespread cultural change in order to reduce the horrific death toll from domestic violence, which currently stands at two women a week. Introducing ad hoc, unenforceable new laws is not the solution.
If you'd like to support Refuge's call for a public inquiry, you can find out more here.
Panorama, Domestic Abuse: Caught on Camera will air tonight at 8.30 on BBC1.
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Guest post: 'Criminalising coercive control won't improve the lives of victims'
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