Understanding Emotional Abuse Allegations

The Domestic Abuse Act was introduced in 2021 as a way of amending how domestic abuse is dealt with in the United Kingdom. As well as providing a legal definition of domestic abuse, it also introduced new criminal offences and brought change to how domestic abuse cases were dealt with in courts and by the police. Whilst domestic abuse may typically be considered in terms of physical assaults, UK law now recognises the infliction of emotional abuse as a criminal offence within legislation introduced both before the Domestic Abuse Act 2021 and within it.  For instance, the offence of Controlling and Coercive Behaviour, introduced in 2015 under Section 76 of the Serious Crime Act, is perhaps the most obvious attempt to utilise the criminal law to sanction emotional abuse. There are a number of other criminal offences relating to emotional abuse (such as harassment and stalking, malicious communications and threats to disclosure of private images). These offences do not necessarily have to be committed within a domestic setting, although sentencing is likely to be harsher if the offences have been found to be committed in a domestic context.

No matter the context, an allegation of emotional abuse can carry serious consequences and can lead to confusing criminal processes for a suspect. If you have been accused of an allegation of emotional abuse, it is important to obtain legal advice at the earliest opportunity. Old Bailey Solicitors can assist you with your case throughout the process.

Emotional Abuse as a Criminal Offence in the United Kingdom

Below are a number of examples of offences within the UK which criminalise the infliction of emotional abuse:

Controlling and Coercive Behaviour

Controlling and Coercive Behaviour is an offence under Section 76 of the Serious Crime Act 2015 and was amended by the Domestic Abuse Act 2021 to extend the offence to cover post-separation abuse and removing the requirement that the victim and perpetrator must live together. The offence applies to intimate and family relationships and makes it illegal to carry out behaviour which is controlling or coercive in a way that has a ‘serious effect’ on the complainant. Whilst initially the law only applied to those living together, this requirement has been removed and therefore the act now covers a wider range of relationships.

Controlling and coercive behaviour may include physical violence and threats of violence; controlling who an individual is able to speak to and controlling their finances to the extent that it has a ‘serious effect’ on them.

‘Serious effect’ is assessed through the following two ways:

• Where the behaviour causes the complainant to fear violence on at least two occasions; or
• The defendant’s behaviour causes a substantial adverse effect on the complainant’s usual day to day activities. Examples of this may include a decrease in socialising, changes in working patterns or deterioration in health.

The offence carries a maximum sentence of five years’ imprisonment.

Stalking and Harassment

Both stalking and harassment are criminal offences under the Protection from Harassment Act 1997. Both offences refer to a pattern of behaviour or a ‘course of conduct’ which the defendant knew, or ought to have known, amounted to harassment of the complainant and resulted in alarm or distress to the complainant. In more serious cases, it can include behaviour which causes the complainant to fear violence would be inflicted upon them (even if this violence never materialises). The focus on these offences is the emotional impact the defendant’s conduct has on the complainant, rather than actual physical violence. Whilst the offence can commonly be carried out in domestic relationships, it extends to all circumstances.

The offence carries a maximum sentence of 10 years’ but can be extended to 14 years’ if it is found to have been racially aggravated.

Threatening to Disclose Private Images

Under the Online Safety Act 2021, UK legislation made it a criminal offence to share or threaten to share intimate images with the intent to cause distress, alarm or humiliation to the complainant or for the purposes of sexual gratification for the defendant. Again, it is not necessarily important as to whether the image is actually shared. Rather, the focus is on the defendant’s intent to cause the complainant distress or humiliation.

The offence carries a maximum sentence of 5 years’.

Malicious Communications

The Malicious Communications Act 1988 makes it a criminal offence to send communication (written, verbal or electronic messages) with the intent to cause distress or anxiety. This can include indecent, grossly offensive, threatening or false messages. Similar to the above offence, the offence of Malicious Communications focuses on intent and it must be proven that the perpetrator intended to cause the recipient distress or anxiety. It is not always necessary for the communication to have been received for an individual to be guilty of such an offence, provided the defendant’s intent can be proven.

The maximum sentence for this offence is 2 years’ imprisonment.

Threats to Kill

Making threats to kill is a criminal offence under section 16 of the Offences Against the Person Act 1861. For such a threat to be a criminal offence, it must be proven that the defendant intended for the other person to fear the threat will be carried out. It is not necessary for the defendant to have intended to carry out the threat, only to intend that the complainant fears that the threat will be carried out.

The maximum sentence for this offence is 10 years’ custody.

Who can these offences be committed against? Relationship and Proximity ‘Close’ Relationship

Whilst there is a clear focus on these offences being committed in a domestic context, only the offence of controlling and coercive requires the defendant and complainant to be in an intimate or family relationship. The scope of the law was further widened by the Domestic Abuse Act 2021 to cover relationships post separation and where they are not living together. It is therefore possible for the other above offences to be committed even when there is very little proximity (both in the nature and location of the relationship) between the complainant and defendant.

The law has evolved to deal with the increasing significance of social media and therefore can cover situations where individuals have never even met one another. For instance, Old Bailey Solicitors assisted an individual charged with harassment of a complainant who was no longer living in the country and whom they had never met in person. Despite the lack of proximity, both in their relationship and physical presence, the matter proceeded to trial at the Crown Court on the basis that the complainant asserted that she had suffered distress as a result of the defendant’s actions. However, with the assistance of Old Bailey Solicitors, our client was acquitted.

What To Do If Accused of ‘Emotional Abuse’?

Allegations of emotional abuse can be confusing and stressful and can carry serious penalties if an individual is convicted of them. It is therefore important to obtain legal representation at the earliest opportunity. At Old Bailey Solicitors, we can help guide you through the process to make the process clearer and help obtain the best outcome possible for your case. If you have been accused and need legal advice, please contact Old Bailey Solicitors at 0207 8464 999 and select 1 for new enquiries or email us at [email protected]