From theory to practice : evaluating legal responses to coercive control in domestic abuse settings

Abstract

Coercive control is a developing problem in domestic abuse cases, demonstrating that abuse extends beyond physical violence to encompass patterns of psychological, emotional, and financial manipulation. While nations such as England and Wales (Serious Crime Act 2015) and Scotland (Domestic Abuse (Scotland) Act 2018) have criminalised coercive control, Maltese law does not officially recognise it. Instead, coercive control-related behaviours are tried as broader offences such as psychological abuse and harassment under Chapter 581 of the Laws of Malta and Article 251 of the Criminal Code. This raises questions about the judicial system's ability to appropriately safeguard victims and effectively prosecute coercive control instances. This study investigates how well Maltese law confronts coercive control through comparative legal analysis, case law, and interviews with judges, attorneys, and law enforcement agents. Some respondents believe that present rules are wide enough to encompass coercive control, while others argue that a new law is required to offer clarity and ensure enforcement. The findings highlight a lack of awareness and training among legal professionals and the public, making it difficult to detect and prosecute coercive control situations. By comparing Malta's legal system to international laws, this study identifies lessons from other countries and investigates how Malta might improve its approach. The report concludes with proposals for legal reform, including a precise legal definition of coercive control, improved professional training, and public awareness campaigns to help victims seek justice more effectively. Recognising coercive control as a distinct crime in Malta would enhance victim protection and legal measures, making the system more effective in dealing with domestic violence.