Is Coercive Control Illegal? Understanding Laws Against Controlling Behavior
Coercive control consists of behavior that abusers use to dominate and manipulate their partners. These actions are often subtle and insidious, making them hard to detect—even the victims may not realize they are being abused. Although coercive control often accompanies physical violence, it can be equally harmful in relationships without physical abuse.
Over the past few years, some jurisdictions have introduced laws to criminalize non-physical abuse, such as coercive and controlling behavior. These laws aim to address continuous patterns of harm rather than isolated incidents.
Recognizing Coercive Control in the Legal System
Traditionally, criminal law has addressed repeated incidents of intimate partner violence (IPV) as separate events, each treated through specific offenses. This method fails to recognize the overall pattern of abuse and the long-term harm it causes.
However, there is a growing recognition that coercive control is a form of domestic abuse that needs legal attention. Several countries have implemented laws specifically targeting this behavior, while others are developing similar legislation.
Legal Status of Coercive Control
United Kingdom
The UK has led the way in recognizing and criminalizing coercive control. In December 2015, England and Wales enacted the Serious Crime Act, making coercive control a criminal offense. This law acknowledges that abuse isn't always physical and includes behaviors like controlling actions, verbal abuse, isolation, stalking, emotional abuse, intimidation, and financial abuse. Scotland followed with the Domestic Abuse (Scotland) Act 2018, which also criminalizes coercive control.
Despite these laws setting a precedent, actual conviction rates are low. The Office for National Statistics reported 24,856 recorded coercive control offenses in England and Wales for the year ending March 2020, but only 1,647 led to charges or summonses, underscoring the difficulty in securing convictions.
Ireland
In Ireland, coercive control was criminalized under the Domestic Violence Act 2018, which became effective on January 1, 2019. This law acknowledges the severe impact of non-physical abuse and aims to protect victims from psychological harm. Offenders found guilty of coercive control can face penalties of up to five years in prison.
Australia
Coercive control has been criminalized in two Australian states. New South Wales implemented laws against coercive control on July 1, 2024, with penalties up to seven years in prison. Queensland followed with similar legislation set to take effect in 2025, influenced by the tragic case of Hannah Clarke and her children, who were murdered by her estranged husband after enduring years of coercive control. In Queensland, offenders can face up to 14 years in prison.
United States
The legal recognition of coercive control in the United States varies by state. California and Hawaii have specific laws against coercive control. California's Senate Bill 1141, passed in 2020, defines coercive control as behavior that unreasonably interferes with a person’s free will and personal liberty. Hawaii’s law also recognizes coercive control as domestic abuse. States like Connecticut and New York are working on similar legislation.
Canada
Canada is progressing towards recognizing coercive control legally. In June 2024, Members of Parliament voted to criminalize coercive control in Canada. The new legislation, proposed in private member’s bill C-247 by New Democrat MP Laurel Collins, seeks to address psychological manipulation and control in intimate relationships. While still under consideration, it marks a significant move forward in Canadian law.
Other Countries
Several countries are amending domestic violence laws to include coercive and controlling behavior. New Zealand's Family Violence (Amendments) Act 2018, effective from July 1, 2019, expands the definition of family violence to emphasize coercive control, including isolating individuals from family or friends through physical, sexual, and psychological abuse. In 2021, the European Court of Human Rights called for the legal definition of domestic violence to cover controlling and coercive behavior, highlighting a shift towards recognizing the full spectrum of abuse victims endure.
Challenges and Future Directions
Implementation and Enforcement
While recognizing and criminalizing coercive control is a major step forward, ensuring these laws are effectively implemented and enforced remains challenging. Training for law enforcement, judges, and other professionals is crucial for appropriately responding to coercive control. Without this education, new laws may not be effectively applied.
Proving Coercive Control
Proving coercive control in court is difficult due to the psychological and emotional nature of the abuse, which often lacks physical evidence. Victims may find it hard to demonstrate a pattern of controlling behavior, as abusers often manipulate situations to appear innocent. This lack of tangible evidence complicates convincing authorities and courts of the abuse.
Support for Victims
Another critical challenge is ensuring victims feel safe and supported when they come forward. Many victims fear retaliation or lack trust in the legal system. Comprehensive support services, including safe housing, legal assistance, and counseling, are essential to help victims escape abusive situations and rebuild their lives.
Conclusion
Criminalizing coercive control alters how intimate partner violence is prosecuted by acknowledging the overall pattern of abuse, not just isolated incidents. This method supports victims' credibility and exposes the full extent of the abuser's actions. Legal recognition of coercive control is essential for victims of non-physical abuse, offering better protection and increasing the chances of convicting abusers. It also helps the public, law enforcement, and the judiciary understand the serious nature and damage of psychological abuse.
Featured image: Coercive control is a crime in many countries. Source: Gorodenkoff / Adobe Stock.