Criminal Justice V Civil Justice

The outcome for victims of coercive control and domestic abuse varies drastically depending on which path they find themselves upon leaving the abusive relationship. The criminal justice system’s response to a conviction of domestic abuse focuses on the perpetrator's behaviour and on keeping victims safe. The response aligns with the government’s efforts to address and reduce Male perpetrated Violence Against Women. There are strict penalties for coercive control; a maximum sentence of fourteen years, and judges can order a lengthy rehabilitation programme. As well as securing the safety of victims, the approach supports them, and their dignity.

Without a conviction under the Domestic Abuse Act, victims can find themselves in the civil justice system; the family courts. Controlling ex-partners do not simply walk away. Instead, they use whatever means they can to continue their tyranny; the family courts provide perpetrators of coercive control that opportunity.

The family courts have difficulty understanding and accepting domestic abuse and marginalise it, diverting the focus to the behaviour of the victim. Victims of coercive control will benefit from gaining as much knowledge as they can about how the family court system operates and what approach is more likely to be successful, prior to entering the process. The family court may label a mother who tries to raise allegations of abusive behaviour a parental alienator and depict a child who attempts to report abuse as influenced by their mother. The case's narrative can swiftly change before the abuse gets investigated. If the victim’s approach is a defensive one, rather than a strategic one, they can quickly run into difficulty.

Victims of coercive control can struggle to present their case themselves and struggle to find a lawyer who will enter the evidence of abuse, make the case as to how a pattern of controlling behaviour can impact the child’s welfare and offer the court beneficial and safe solutions for all parties. Victims may end up representing themselves at a time when they are traumatised, anxious, scared and still suffering from post-separation abuse.

Therefore, knowledge of the type of evidence that may aid a conviction in the criminal justice system, under the bespoke offence of coercive control, is important for those emerging from abusive relationships.

The police will seek to identify a pattern of abusive behaviour towards the victim, perpetrated by a partner or ex-partner, a pattern which a reasonable person would think would have caused psychological or physical harm.

Good Quality Evidence

Mobile phone & email messages, voicemail recordings
Photos of damage to property or, in the event of physical abuse too, photos of injuries
Medical & health & wellbeing records
Bank statements (control of finances)
Communications with the school, pastoral notes
A diary detailing incidents (more than two) and the impact of those incidents

Evidence showing incidents where the victim was;

Alarmed, distressed, humiliated, punished, degraded, bullied, threatened, influenced, isolated, manipulated, intimidated, blackmailed, helpless, confused, frightened
Unable to work or attend classes, activities, events and trips
Reported or threatened with being reported to the police, social services, immigration authorities
Monitored, stalked, sexually abused or deprived of freedom

Evidence of;

Relationship breakdown between the victim and their parents, siblings, therapists, doctors, individuals they loved, trusted, socialised with or opened up to
Important – evidence showing that the perpetrator intended to cause physical or psychological harm, or was heedless of the consequences of their actions
The adverse impact of the behaviour on a child

It is the police’s job to gather evidence and victims must prioritise their safety at this time. Whichever path the victim finds themselves upon, they need support to make informed, healthy and safe decisions. Here are some resources which may help. Entering the civil justice system as a victim of coercive control is not a decision to be taken lightly, but sadly it is not often a choice the victim-survivor gets to make. They need to know there is help and support out there from those who have walked in their shoes, who understand the pitfalls and know how to navigate the system safely.