This element can be proved in one of two ways. The prosecutor need only prove one or the other:
- firstly, where the behaviour causes the victim to fear violence on at least two occasions (section76(4)(a) SCA 2015), or
- secondly, the serious alarm and distress caused by the suspect’s behaviour has had a substantial adverse effect on the victim’s usual day to day activities (section 76(4)(b) SCA 2015)
For the purposes of this offence, the behaviour or the activities must be carried out “repeatedly” or “continuously”. There is no requirement, however, that the activity should be of the same nature.
Examples of substantial adverse effect on the victim could include:
- physical or mental health deterioration
- no longer socialising or withdrawing from activities such as physical exercise
- needing to put in place measures at home to safeguard themselves or their children, including CCTV
- self-harming
- no longer eating properly
- putting in place measures in their home to safeguard themselves or their children
- changing working patterns, employment status or routes to work
Prosecutors should assess the impact on the victim by recognising the cumulative impact of a pattern of abuse.
Linda C J Turner | Trauma Therapist & Emotional Healing Specialist 