Recent reports from HM Inspectorate of Prisons have exposed unacceptable prison conditions and neglect, while coroners’ reports repeatedly highlight the lack of mental health care in prisons.
Testimonies from prisoners themselves reveal serious systemic failings.
Research also shows that women coerced into offending – by traffickers or abusive partners – are more often punished than protected. The Prison Reform Trust reports that around 70 per cent of women in prison are victims of coercion and domestic violence.
Research by the Centre for Women’s Justice
A new report by the Women’s Centre for Justice (CWJ), written by Tamsin Hope and Katy Swaine Williams, examines how victims of coercive control are unfairly criminalised. It argues that women are being punished when they should be protected, and calls for urgent legal and policy reform.
The research presents detailed accounts of seven women prosecuted for offences linked to their own abuse and explores:
- How coercive control leads victims to be accused of crimes
- Whether their abuse is considered in legal proceedings
- The impact of prosecution on victims
- What reforms are needed
Coercive control dominates every aspect of a victim’s life, restricting options and causing severe trauma. This can lead to accusations of offences ranging from truancy or shoplifting to serious crimes such as assault. Black, Asian, minoritised and migrant women face particular risks of unfair criminalisation.
Offender-Victims
Each of the seven women in the report was a victim of coercion yet prosecuted for crimes committed under duress. In many cases, the perpetrator was never charged for their abuse.
Despite clear evidence of coercive control, authorities often ignored or dismissed it. Police and prosecutors frequently failed to recognise its relevance or deliberately excluded it to secure convictions.
What should be done?
The women’s testimonies demonstrate an urgent need for criminal justice professionals to recognise when a suspect is also a victim of abuse. The report offers 10 key recommendations to address this systemic failure.
1. Legislate for an effective defence
Introduce legislation protecting victims of domestic abuse coerced into offending. This must include clear policy and practice guidance.
Police often fail to collect or share evidence of coercive control. Before arrest, officers should determine the primary perpetrator, check for previous reports of abuse, and explore disclosures during interviews.
2. Establish a joint police – CPS protocol
Create a formal process for gathering, sharing and using evidence of coercive control where a suspect may also be a victim. This will ensure early identification, proper investigation, and timely transmission of evidence to prosecutors.
3. Improve practitioner understanding
Train all criminal justice staff to understand how coercive control and trauma affect victims’ behaviour and offending. Training should include awareness of how perpetrators manipulate systems and focus on the specific experiences of Black, minoritised and migrant women.
4. Create senior leadership roles
Appoint senior leads on women suspects and defendants across police forces, CPS regions, magistrates’ courts and the judiciary to drive improvements and share best practice on domestic abuse responses.
5. Strengthen partnerships
Foster closer collaboration between the police, CPS and women’s specialist services to ensure victims receive coordinated, informed support.
6. Improve CPS Code and Guidance
Amend the Code for Crown Prosecutors and related legal guidance so that prosecutors consistently consider whether a defendant may be a victim of coercive control. Lessons can be drawn from existing approaches to victims of trafficking who are accused of offending.
7. Enable early challenges to prosecution decisions
Introduce a mechanism, modelled on the Victims’ Right to Review, allowing coerced victims to challenge inappropriate prosecution decisions early. Prosecutors should be required to review and respond promptly.
8. Improve safeguarding for victim–defendants
Ensure that victims of coercive control who face charges are properly safeguarded in police custody and court. Special measures should be available to protect their safety, wellbeing and participation in proceedings.
9. Address police-perpetrated abuse
Implement recommendations from CWJ’s report on domestic abuse by police officers. Victims of such abuse must be protected from unjust criminalisation.
10. Consider coercive control in sentencing
Review sentencing practices to ensure that experiences of coercive control are properly considered and that sentences do not expose victims to further harm.
Conclusion
Coercive control inflicts devastating harm on victims and their children. When those victims are then criminalised, the injustice is compounded. These cases consume limited criminal justice resources while failing to protect those most in need.
At a time when the system is under severe pressure and many genuine victims still go without justice, a more informed, compassionate and evidence-based response is essential. Recognising and addressing the realities of coercive control will not only protect victims but also make the justice system fairer and more effective.
Rona Epstein thanks the Oakdale Trust for funding her research
