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CCChat-Magazine_Issue-20

Criminalising Coercive Control

Criminalising Coercive Control

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I think it’s a lack of understanding of

coercive control in the family courts that is

driving the ‘parental alienation’ furore. So,

in general, in terms of the impact of

legislation, the women I speak to say they

find it very helpful, that is gives them a

normative language to express what has

been done to them in a way that is helpful

for recovery. It’s useful for women to be

able to understand what has happened to

them, in terms of a criminal offence, and it

is quite validating.

Mainly, the impact of criminalising

coercive control is enormously positive,

because the criminal law does have a

powerful normative sociological function

that tells people what is acceptable and

what is not.

C: Yes, and I think that’s the thing: so that

even though the law is imperfect, it’s a lot

better than nothing, and even though

criminal justice, as a response, is a very

blunt instrument, it’s better than no

instrument, in my book.

M: Absolutely . I know you’ve got to get

on, are there any final words you’d like to

say around coercive control?

C: I think the thing that is really

preoccupying me at the moment is trying

to get something in the Domestic Abuse

Bill, which is currently going through

Parliament, to make sure that the

coercive control law applies to post

separation abuse. I think it’s so

important.

"The impact of criminalising coercive control is enormously positive,

because the criminal law does have a powerful normative sociological

function that tells people what is acceptable and what is not."

To be able to hold your head up and say:

‘yes, what happened to me was wrong’, I

think it is liberating and women tell me

they find that empowering.

M: I agree. As someone who has had

lived – experience but who hasn’t

benefited from the law, I would still say,

every single time, criminalise because

you then have a standard, you have

something that society can change for.

C: You say you haven’t benefited, but do

you think in a sense you are still able to

articulate what has been done to you, in a

way that you wouldn’t have been able to

before?

M: You’re right. I hadn't thought about it in

those terms and I certainly know more

going forward relationship-wise.

It’s heart-breaking that I have to tell

survivors I work with that they’re only

protected by the new law up and until the

point at which they are brave enough to

leave, it just sits really uncomfortably with

me.

M: It doesn’t make sense how the same

behaviour can be criminal in one aspect

but not in another.

C: In particular, for a lot of women, the

economic abuse and the difficulties with

child contact and the abuse of legal

process are actually so structurally

disastrous that it is impossible for them to

get on with their lives and that isn’t

covered by the existing harassment and

stalking legislation at all.

M: And just another reason for why it is

so difficult to leave the relationship.

Thank you so much Cassandra, it's been

really fascinating.

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