The 29th December 2015 sees the Serious Crimes Act 2015 being made law.
Coercive behaviour
A crucial part of the Act is section 76, which relates to domestic abuse and states that coercive behaviour will be a criminal act. Coercive behaviour covers the following forms of abuse:
- Isolation
- Control
- Monitoring actions
- Degrading demands
- Destruction of items
To prove the offence of coercive behaviour the following requirements need to be evidenced:
- Repeated/continuing behaviour
- Serious and substantial effect on the victim’s day-to-day activities
- The perpetrator knows or ought to know the behaviour will have a serious effect on the victim
- The perpetrator and victim were personally connected when the incidents took place
Sentencing
On a guilty verdict, the perpetrator could be liable for imprisonment from 12 months to 5 years (dependant on the level of court hearing the case) and/or a fine.
Conclusion
The Act brings into law the criminalisation of coercive behaviour. This is significant for those experiencing domestic abuse and those assisting victims (lawyers, support workers, police and the courts), in the campaign of challenging and breaking the cycle of domestic abuse.
How Nelsons can help
For further information relating to coercive behaviour, please contact our Family Law team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form. We will be happy to discuss your circumstances in more detail and give you more information about the services that we can provide.