What is the law on domestic abuse?
There are a number of different laws that relationship abuse might break. These include coercive and controlling behaviour, harassment and stalking, malicious communications, violent offences, sexual offences and image-based sexual abuse. It's important to remember that something doesn't need to break the law to be completely unacceptable and wrong. If you think you might be experiencing abuse in your relationship talk to a parent, teacher or youth worker if you're younger; or a friend or domestic abuse service if you're older. These people can help you contact the police.
Coercive control:
“A pattern of intimidation, degradation, isolation or control, possibly with the use or threat of physical or sexual violence.” The new coercive control offence has been created to close a gap in the law around patterns of controlling or coercive behaviour that happen during a relationship. This can be a relationship between intimate partners (boyfriends or girlfriends), former partners who still live together, or family members.
Coercive control does not mean a one off incident, it is a pattern of behaviour which takes place over time in order for one person to deliberately gain power, control or coercion over another. If someone is controlling to the extent that it has a serious negative influence on the other person’s daily life, and they knew that their actions would lead to that person being controlled, they can be prosecuted. The most serious perpetrators of coercive control can be sentenced to five years in prison, however most sentences will be shorter and may be a fine or community order rather than a custodial sentence.
Coercive control:
“A pattern of intimidation, degradation, isolation or control, possibly with the use or threat of physical or sexual violence.” The new coercive control offence has been created to close a gap in the law around patterns of controlling or coercive behaviour that happen during a relationship. This can be a relationship between intimate partners (boyfriends or girlfriends), former partners who still live together, or family members.
Coercive control does not mean a one off incident, it is a pattern of behaviour which takes place over time in order for one person to deliberately gain power, control or coercion over another. If someone is controlling to the extent that it has a serious negative influence on the other person’s daily life, and they knew that their actions would lead to that person being controlled, they can be prosecuted. The most serious perpetrators of coercive control can be sentenced to five years in prison, however most sentences will be shorter and may be a fine or community order rather than a custodial sentence.
Evidence of coercive control may include: Text messages and screenshots of messages on social media, copies of emails, details of previous threats, phone records, evidence of isolation such as lack of contact with family, friends, or other agencies, witness testimony from family or friends, records of interaction with services, medical records, 999 tapes.
Image-based sexual abuse (revenge pornography):
This refers to sharing sexually explicit images or videos of someone without their consent. When this is done with the intention of causing distress to another person (a partner, ex-partner or anyone else) it is a criminal offence. Taking, possessing or sharing any sexually explicit picture or video of someone under 18 is against the law; even if they gave consent, if someone else gave it to you, or if the picture is a selfie.
Image-based sexual abuse (revenge pornography):
This refers to sharing sexually explicit images or videos of someone without their consent. When this is done with the intention of causing distress to another person (a partner, ex-partner or anyone else) it is a criminal offence. Taking, possessing or sharing any sexually explicit picture or video of someone under 18 is against the law; even if they gave consent, if someone else gave it to you, or if the picture is a selfie.
Reporting to the police
Not everyone who experiences domestic abuse will choose to report it to the police. Whether or not you tell the police is entirely your decision and you should not feel pressured to do something you are not comfortable with. If you're undecided about reporting relationship abuse to the police it can be a good idea to talk it through with someone from a specialist organisation first - organisations such as Victim Support or local domestic abuse services can help with this.
The police should help and support you by protecting you, removing the risk of further violence possibly by arresting and removing the perpetrator, arranging first aid or other medical assistance such as an ambulance, finding out what has happened, offering you support and reassurance, helping you contact other agencies such as domestic abuse services for further support. Their role is to investigate – not to mediate or allocate blame by asking inappropriate questions. If you call the police because you are experiencing domestic abuse, they should always give you the opportunity of being listened to and spoken to separately, away from your abuser. You can also ask to be seen by a woman police officer.
The police should help and support you by protecting you, removing the risk of further violence possibly by arresting and removing the perpetrator, arranging first aid or other medical assistance such as an ambulance, finding out what has happened, offering you support and reassurance, helping you contact other agencies such as domestic abuse services for further support. Their role is to investigate – not to mediate or allocate blame by asking inappropriate questions. If you call the police because you are experiencing domestic abuse, they should always give you the opportunity of being listened to and spoken to separately, away from your abuser. You can also ask to be seen by a woman police officer.
Sex and consent
Sexual consent means a person willingly agrees to have sex or engage in a sexual activity, and it means they are free (not under any pressure) and able to make their own decision. Consent doesn’t only apply to sexual intercourse. Any form of sexual activity or touching without the other person's consent is sexual assault and is illegal. If you repeatedly ask for consent and are refused, this can count as sexual harassment. The age of consent to any form of sexual activity is 16 for both men and women.
It’s not consent if you feel under pressure, you’re nervous about what will happen if you don’t, you’re drunk and therefore cannot make an informed choice, you have passed out or are unconscious . It's also not consent just because you said yes to start with then changed your mind, you were dressed in a certain way, you’ve been with that person before, they are your boyfriend or girlfriend, you didn’t say “no”.
The law says:
‘A person consents if they agree by choice, and have the freedom and capacity to make that choice.’
‘A person commits rape if they intentionally penetrate the vagina, anus or mouth of another person with their penis without consent.’
‘A person commits sexual assault if they intentionally touch another person, the touching is sexual and the person does not consent.’
It’s not consent if you feel under pressure, you’re nervous about what will happen if you don’t, you’re drunk and therefore cannot make an informed choice, you have passed out or are unconscious . It's also not consent just because you said yes to start with then changed your mind, you were dressed in a certain way, you’ve been with that person before, they are your boyfriend or girlfriend, you didn’t say “no”.
The law says:
‘A person consents if they agree by choice, and have the freedom and capacity to make that choice.’
‘A person commits rape if they intentionally penetrate the vagina, anus or mouth of another person with their penis without consent.’
‘A person commits sexual assault if they intentionally touch another person, the touching is sexual and the person does not consent.’