The Status of Emotional Abuse in UK Law

Analysing How History and the Present Intersect

The laws regarding domestic violence in the United Kingdom have radically changed in the past hundred and fifty years. In 1878, the Matrimonial Causes Act was passed. At the time it was a significant win for proponents of women’s rights because it provided that “cruelty” was a legal ground for separation in a marriage.

Prior to this, major physical abuse was still not enough for a woman to leave an abusive husband. The courts also required proof of adultery. Emotional abuse was certainly not mentioned. These laws left little to no legal recourse for domestic abuse victims, even in extreme cases. Scholars estimate that domestic abuse was rampant through this era and even accepted by society as normal and appropriate.

Today’s Laws – Combatting Domestic Abuse

Fortunately, current laws regarding domestic view exist in stark contrast to the past. Today, the UK government has specifically passed legislation to protect individuals from domestic abuse, and this abuse is not limited to physical or sexual violence. Recently, the 2021 Domestic Abuse Act marked conclusive step in recognition of multiple types of domestic abuse in UK law. Under this Act, emotional abuse is unambiguously domestic abuse. 

Emotional Abuse Prior to the 2021 Domestic Abuse Act

Historically, domestic abuse protection in the UK has been either limited or tied to physical violence. The Harassment Act of 1997 created an offense of systematic behaviour designed to cause fear of violence. While this was progress, it did not amount to a true protection from emotional abuse. Court cases such as R v Curtis (2010) applied this act by focusing on the fear of violence aspect. Under this analysis, emotional abuse in the form of harassment was not seriously considered without the threat of violence. 

It was not until 2015 that emotional abuse gained further traction as a type of domestic abuse. In section 76 of the Serious Crimes Act of 2015, legislators expanded the legal concept of domestic abuse to include repetitive, coercive, and controlling behaviour between personally connected parties. Notably, there was no requirement that there be a tie to the threat of violence. As such, this Act made a significant change to the types of abuse recognised by law. While emotional abuse was not explicitly mentioned, this section clearly recognised certain types of emotional abuse by including repetitive, coercive, and controlling behaviour. 

How the Past Influences Current Perceptions of Domestic Abuse

The history behind domestic abuse continues to impact the perception of it in society. Abuse victims do not always come forward due to feelings of shame, internal blame, or simply concerns about not being believed. It is also common for victims to internalise abuse convincing themselves that they deserved it or trying to justify that their abuser was having a bad day. With emotional abuse particularly, victims worry about their credibility and even question whether the abuse is only in their own head. The situation is further complicated when the perpetrator is a family member or loved one. 

This reluctance to come forward is hardly surprising – in modern times, domestic violence has only recently become illegal. The reality is that much of society was born into a world where victims had little legal resource for domestic violence, even physical and sexual abuse. It was normal, expected even. 

Childhood and adolescent experiences shape how individuals view the world. Given that, it is unsurprising that people even today are hesitant to label their experiences as abuse and even more hesitant to report them. The formative experiences of a large number of people support the incorrect perception that domestic abuse will not be taken seriously. Even if a child was born into a time where emotional abuse was clearly illegal, their parents likely did not. 

While the laws clearly show that domestic abuse and emotional abuse are serious and illegal, the public perception and the willingness of victims to come forward are of critical importance.

Changing the Public Perception and the 2021 Domestic Abuse Act

The UK government is aware of the challenges in fighting domestic violence and has identified domestic abuse as a major issue. This is clear in the statements and contents the Domestic Abuse Act of 2021. In drafting the Act, Victoria Atkins, Minister for Safeguarding, stated, “Domestic abuse is an abhorrent crime perpetrated on victims and their families by those who should love and care for them. This landmark Bill will help transform the response to domestic abuse, helping to prevent offending, protect victims and ensure they have the support they need.”

One way the act fulfilled this mission was by creating was creating a statutory definition of domestic abuse. These include physical abuse, sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, psychological, emotional, or other abuse. With this definition, it is clear that the law takes emotional and psychological abuse seriously. These do not require physical violence to be considered. Legally, they have standing in their own right. 

This law also involved creating new legal mechanisms to support abuse victims and to prosecute abusers. This includes support in court. Under this law, there is a statutory presumption that domestic abuse victims are eligible for special measure in courts and cannot be cross examined by their abusers. This is significant because it makes it clear that victims will be afforded protection by the courts. One common reason victims stay quiet is the fear of testifying in court. While, it will never be an easy task, the government has specifically taken action to protect victims while going through the legal process. 

Current Domestic Abuse Statistics in the UK

While the laws regarding domestic abuse have gotten stronger, domestic abuse is still shockingly common in the UK. The National Centre for Domestic Violence states that 1 in 5 adults experience domestic abuse. This is 20% of the population. There are also situations where the statistics worsen. One such situation is pregnancy. The NHS notes that pregnancy often begins or escalates abuse and that 1 in 3 pregnant individuals experience domestic abuse. It is also key to note that domestic abuse is not limited to adults. It is estimated that 1 in 5 children in the UK experience domestic abuse. 

Emotional abuse is more difficult to estimate than the wider umbrella of domestic abuse; however, organisations such as the National Society for the Prevention of Cruelty to Children (NSPCC) have studied the subject. They estimate that 1 in 15 children in the UK have been emotionally abused.  The Office for National Statistics provides an estimate for the population at large. Their figure is that 5% of people have experienced emotional abuse. Given that the population of England and Wales is over sixty million, that is a large number of people suffering.