Under a Government review that reported a six-fold increase in offences in just four years people who use coercive control to abuse their partners could face up to 10 years in jail.
Police, judges, and front-line specialists were told that the current maximum sentence of five years was inadequate for the long-term emotional damage that could be caused by years of a partner's coercive or controlling behaviour.
Addittionally there was also evidence of significant under-reporting such behaviour often only being exposed when police were called to deal with violence within households, and prosecutors were then often bringing charges for other violent offences in an attempt to bump up the potential jail term.
The review found the number of controlling or coercive behaviour (CCB) offences rose from 4,246 in 2016-17 to 24,856 in 2019-20. However, only six per cent resulted in a prosecution.
Despite the difficulty in bringing cases to court the report found strong support for increasing the maximum sentence from five to 10 years for those found guilty, a move which would bring it in line with the maximum sentence for stalking.
Judges told researchers, "based on the potential severity of coercive and controlling behaviour which may include both physical and non-physical violence over an extended period. The sentence length for controlling and coercive behaviour did not reflect the severity of the offence in some cases, which can involve multiple types of abuse over a number of years, and therefore in some cases warrants a greater sentence than physical abuse alone".
Most prosecutions involving coercive behaviour were for cases where there were other offences, such as violence. Although the conviction rate for prosecutions had risen from 38 per cent in 2016 to 60 per cent in 2018, it had fallen back to 52 per cent in 2019.
The crime has been brought to public attention by a recent series of high-profile cases including that of the ITV weather presenter Ruth Dodsworth, who was subjected to a nine-year campaign of controlling behaviour, harassment and stalking by her husband Jonathan Wignall.
The 54-year-old was jailed for three years for behaviour that included, accusing her of having affairs, using her fingerprint to access her phone while she was asleep, turning up at her places of work, cutting her off from family and friends, and following her to the bathroom to stand outside. Ryan Giggs, the former Man Utd footballer, who has stepped aside as Wales manager, was charged with assault and controlling or coercive behaviour against his ex-girlfriend, 36-year-old Kate Greville.
The Johnson Partnership
Derby Crime Solicitors
01332 370 473