Documenting Coercive Control as a Professional

Taking Action
Justice system professional

Why document coercive control when it's not (yet) an offence?

Viewing a situation through the lens of coercive control offers many advantages for victims and for defending their rights.  It allows us to:  

  • Analyze the victim's story in its entirety;
  • See beyond isolated incidents, which do not represent her entire experience;
  • Better recognize the devastating impact of coercive control on women and children.

From a judicial point of view, documenting coercive control is a significant step forward in working with victims:

  • It highlights the perpetrator’s continuous and cumulative patterns of behaviour. How? By documenting the range of invisible strategies he uses to gain control over the victim.
  • It provides an opportunity to take into account the history of violence in the relationship. The violence can then be considered during the legal process: police intervention, filing of charges, bail hearings, trial, sentencing, parole, probation, divorce proceedings, reports to youth protection, child custody applications, etc.
  • It provides an effective tool for breaking the cycle of violence earlier. Why? Because it allows for the adequate assessment of the danger in a conjugal violence situation at every stage of the proceedings. 

How is coercive control documented?

As a professional, you can make a major difference in the lives of women victims and their children. Here are some good practices to develop:

1. Proactively screen for the following:  

  • Isolation from friends, family and co-workers;
  • Obsessive jealousy;
  • Surveillance (via technology, tracking, etc.);
  • Control of daily activities;
  • Humiliation;  
  • Financial control;
  • The victim's fear (for herself, her children, her pets), etc.  
  • Non-compliance with court-ordered conditions;
  • Etc.  

2. Ask the victim to describe in detail:

  • The history of the relationship;
  • The pattern of control and violence;
  • Frequency and intensification of control and violence. 

3. Ask questions:

- Have you changed your lifestyle since the start of the relationship? 
- Do you have the freedom to make decisions? 
- Does your (ex) partner:

  • Ask you to report on your activities, account for being late, your comings and goings, etc.?  
  • Monitor your calls, emails and social media?   
  • Is he overly jealous and possessive?  
  • Does he make hurtful or humiliating comments about the way you dress, your appearance, and your children’s upbringing?  
  • Does he say you are wrong, no matter what you do?  
  • Does he call you repeatedly to find out what you are doing, where you are, and with whom?  
  • Does he insist to the point where you can't refuse him sex?  
  • Throw objects or break things that belong to you?  
  • Does he control your money and how you spend it?
  • Threaten to report you to the police or authorities (immigration service, youth protection, etc.)?

4. Search for evidence of coercive control (for legal professionals):

  • Detailed victim statement;
  • Police report: Note the victim's condition (e.g., stress, fear, injuries, etc.), gestures, and words. Note the perpetrator’s condition;    
  • Statement by any other potential witnesses: family, friends, colleagues, neighbours, delivery people, etc.;  
  • Medical reports, 911 call records, video or audio recordings, victim notes, text messages, e-mails, etc.;
  • Geolocation evidence on her cell phone, vehicle, purse, etc.    

5. Systematically check for previous violence and violation of conditions, whether reported to the police or not. 

To find out more, consult our coercive control toolbox

Keep in mind

In addition to increasing victims' confidence in the justice system, all the information you gather will:

  • Assist with deciding whether to detain the accused (in the public's interest, 498 (1.1) C.C.);
  • Help with determining appropriate release conditions to ensure the victim's safety;
  • Identify possible charges;
  • Support the prosecutor's work at the bail hearing stage;
  • Ensure proper risk assessment by prosecutors, judges, and probation officers. 

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