NI today on cusp of new law criminalising ‘emotional abuse’

A law creating a new criminal offence of “domestic abuse” is set to pass what’s basically its final hurdle at Stormont today.

Whilst assault and threats are already obviously illegal, the new offence criminalises behaviour falling short of this.

The bill has been heavily lobbied for by feminist groups and is one of justice minister Naomi Long’s key priorities.

But concerns have been raised about criminalising such non-violent, non-threatening behaviour within relationships (concerns which the News Letter has effectively been alone in reporting).

For instance, the PSNI has been telling the public – before the law has even been passed – that “domestic abuse” includes giving your partner “the silent treatment” or “emotionally injuring” them with your words.

Mrs Long has also previously suggested that for someone to “whistle a tune or hum a song” could fall under the ambit of “domestic abuse” if the tune has hidden negative overtones for their partner.

QC-turned-politician Jim Allister has especially objected to one particular part of the bill: Clause Three, which states that such behaviour will be viewed as criminal “whether or not A’s behaviour actually causes B to suffer harm”.

The TUV MLA has told the News Letter: “It creates criminality where no harm need be proven.

“If somebody thinks there should have been harm, it creates liability.

“But of course our criminal law has always been based on proving not just intention, the mens rea (a guilty mind), but also the actus reus (a guilty act).

“This legislation makes a mockery of that.

“That is why I think it’s wrong-headed and ill-advised.”

Although the phrase “emotional abuse” does not appear in the wording of the bill, the Department for Justice has previously described its purpose as being to cover “behaviour that is abusive because it is controlling or coercive or amounts to psychological, emotional or financial abuse”.

Instead of demonstrating harm, the bill says that it will be an offence for somebody to do something which “is reckless as to whether [it causes] psychological harm”.

It will be a crime to engage in such “abusive” behaviour “on two or more occasions”.

The maximum sentence for the most serious offenders will be 14 years in prison.

The PSNI has already advised the public (in a section of its website aimed at gay couples) to file “domestic abuse” police reports for the following reasons:

> If someone starts “questioning where you go, or [putting] you down for going out on the scene”;

> If someone gets “jealous, possessive or angry about your friends or family”;

> If you “worry about upsetting your partner or being the cause of an argument”;

> If you “sometimes get the ‘silent treatment’ and feel on edge”.

The bill’s final reading is due in the Assembly this afternoon.

If it passes, as expected, it will become law soon after.