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dc.contributor.authorBettinson, Vanessaen
dc.contributor.authorBishop, Charlotteen
dc.date.accessioned2017-10-12T15:09:02Z
dc.date.available2017-10-12T15:09:02Z
dc.date.issued2017-09-07
dc.identifier.citationBettinson, V. and Bishop, C. (2017) Evidencing domestic violence, including behaviour that falls under the new offence of 'controlling or coercive behaviour'. The International Journal of Evidence and Proof , 22 (1), pp. 3-29en
dc.identifier.urihttp://hdl.handle.net/2086/14613
dc.description.abstractIN 2015 an offence of 'controlling or coercive behaviour' was introduced under the Serious Crime Act, criminalising for the first time the non-physical abuse which so often occurs in the domestic context. This new offence implicitly recognises the psychological and emotional harm which can result from an ongoing pattern of behaviour, and the need to consider the controlling or coercive nature of this behaviour in the context of the power dynamics of the relationship in question. Unique evidential difficulties are raised by this offence, in part because of the ways in which gendered expectations can disguise the controlling and coercive nature of certain behaviours. At the same time, to increase the number of prosecutions for domestic violence offences, including under the new offence, acknowledgment of the ongoing trauma often experienced by victims, and the ways in which this may hinder their ability to safely and effectively participate in the criminal justice process, is required. We will outline recommendations to enable this participation, whilst also asserting the need for creative prosecution methods which allow these type of cases to be prosecuted without being solely reliant upon the victim's oral testimony in court.en
dc.language.isoenen
dc.publisherSAGEen
dc.subjectcoercive controlen
dc.subjectcredibilityen
dc.subjectdomestic violence and abuseen
dc.subjecthearsay evidenceen
dc.subjecttraumaen
dc.titleEvidencing domestic violence, including behaviour that falls under the new offence of 'controlling or coercive behaviour'en
dc.typeArticleen
dc.identifier.doihttps://doi.org/10.1177/1365712717725535
dc.peerreviewedYesen
dc.explorer.multimediaNoen
dc.funderN/Aen
dc.projectidN/Aen
dc.cclicenceCC-BY-NCen
dc.date.acceptance2017-08-09en
dc.researchinstituteInstitute for Evidence-Based Law Reform (IELR)en


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