Psychological Violent Crime: Conviction Based On Human Feelings

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victim of psychological violence
Victim of violence
Psychological violent crime simply implies that a person can be prosecuted for causing psychological violence to another person. The intention of this law is quite understandable. Being a victim of crime can ruin the life of the victim. Some victims, for example, never lead a normal life again after victimisation. Therefore, anything that can help reduce victimisation and punish perpetrators should be welcome.

The issue that arises, however, is how to prosecute a person for committing psychological violent crime. For violent crimes such assault, murder, and burglary, the evidence is always very clear. Evidence for assault, for example, can take the form of physical injury sustained by the victim. The charges against the defendant is framed around this evidence. In the absence of physical evidence for psychological violent crime, therefore, the victim’s words will act as the evidence against the defendant.

But prosecuting the defendant solely on the basis of victim’s words will negate the two conditions necessary for a crime to be committed under the British law. The first condition needed by the British law for a person to be culpable is the actus reus , or the guilty act. The second condition is the mens rea, or the guilty mind. A person cannot be found guilty of a crime unless these conditions are met. The only exception to this rule is if the accused has committed a strict or absolute liability offence such as speeding, drinking and driving, or applying a false description to a good. By criminalising it, the law-makers have indirectly put psychological violence into the category of strict liability offences.

There is no doubt that some people that will come forward to report psychological violence to the authority will have good reasons for doing so. It is important that the authority investigate such reports, and if necessary, bring perpetrators to justice. However, other people may come forward to report psychological violence even though they have not experienced or are experiencing such a problem. They can do this to punish the accused who will be required to disprove that such an act has taken place.

It is apparent that this criminalisation will result in innocent people becoming victims of miscarriage of justice. The court will find them guilty of offence they did not commit. Prosecutors should be aware of this fact and ensure that there are appropriate measures to safeguard against injustice.

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