76 interesting facts about dating relationships
76 interesting facts about dating relationships - speed dating dc
Prior to the introduction of this offence, case law indicated the difficulty in proving a pattern of behaviour amounting to harassment within an intimate relationship (the Statutory Guidance cites the following cases - For the purposes of this offence, behaviour must be engaged in 'repeatedly' or 'continuously'.Another, separate, element of the offence is that it must have a 'serious effect' on someone and one way of proving this is that it causes someone to fear, on at least two occasions, that violence will be used against them.
The Statutory Guidance outlines a non-exhaustive list of the types of evidence that could be used to prove the offence of controlling or coercive behaviour; the following list including and builds on the examples provided in the Statutory Guidance: Even where there is a decision to take no further action, prosecutors should ask police officers to advise the victim to take steps to gather records to support any future investigation.
The purpose of this guidance is to address controlling or coercive behaviour in an intimate or family relationship which causes someone to fear that violence will be used against them on at least two occasions; or causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities.
When considering this offence, prosecutors must follow the Code for Crown Prosecutors and the CPS Domestic Abuse Legal Guidance.
Domestic violence and abuse is defined as:"Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of gender or sexuality.
This can encompass, but is not limited to, the following types of abuse: psychological, physical, sexual, financial and emotional." [Domestic abuse guidelines for prosecutors]"This definition, which is not a legal definition, includes so called 'honour' based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group."Section 76 of the Serious Crime Act 2015 created a new offence of controlling or coercive behaviour in an intimate or family relationship.
All CPS polices are gender neutral and all victims should receive the same access to protection and legal redress.
Refer to the CPS Domestic Abuse Legal Guidance for further information about the gendered approach to prosecutions In September 2012 the Government published guidance which may assist prosecutors to better understand the nature and features of controlling or coercive behaviour.The phrase 'substantial adverse effect on Bs usual day-to-day activities' may include, but is not limited to: Controlling or coercive behaviour towards another can include or be committed in conjunction with a range of other offences including offences under: the Malicious Communications Act 1998; the Sexual Offences Act 2003; and the Offences Against the Person Act 1861.See the Home Office Statutory Guidance and CPS Domestic Abuse Legal Guidance for examples offences that might apply to domestic abuse.The College of Policing Authorised Professional Practice on Domestic Abuse states: "In many relationships, there are occasions when one person makes a decision on behalf of another, or when one partner takes control of a situation and the other has to compromise.The difference in an abusive relationship is that decisions by a dominant partner can become rules that, when broken, lead to consequences for the victim."Therefore, prosecutors should consider the impact on the victim of following, or not following, rules imposed upon them within the wider context of the relationship.Further assistance can be obtained from the Statutory Guidance published by the Home Office pursuant to section 77(1) of the Serious Crime Act 2015.