Rule 2 Categories of abuse

(1)

This rule makes provision for the purposes of section 4 (4) (b) of the Measure.

(2)

The “sexual abuse” by one person (A) of another (B) includes—

(a)

the use by A of coercion or physical force to cause B to engage in sexual activity without B’s consent;

(b)

the penetration by A of B’s vagina, anus or mouth with a part of A’s body or anything else without B’s consent;

(c)

the sexual touching by A of B without B’s consent;

(d)

the use by A of coercion or physical force to expose B to pornography or to sexual activity taking place in person;

(e)

the exposure by A to B of A’s genitals;

(f)

conduct by A towards B of a kind which comes within section 67 or 67A of the Sexual Offences Act 2003^f1 (voyeurism, upskirting).

(3)

The “physical abuse” by one person (A) of another (B) includes the deliberate infliction by A of physical pain or injury on B, whether by hitting, smacking, kicking, slapping or stabbing or by some other means.

(4)

The “psychological or emotional abuse” by one person (A) of another (B) includes conduct—

(a)

which is characterised by a deliberate and systematic pattern of controlling or manipulative behaviour by A towards B, and

(b)

which involves an attempt by A to frighten, control or isolate B by, for example—

(i)

spreading rumours about B which a reasonable person would think could cause serious damage to B’s reputation, or

(ii)

subjecting B to treatment that is inconsistent with A’s treatment of others and has the effect of undermining B’s self-identity.

(5)

The “spiritual abuse” by one person (A) of another (B) is a form of psychological or emotional abuse which is carried out by A in a religious context and which has the effect of—

(a)

harming B’s spiritual well-being, or

(b)

legitimising or facilitating the abuse of B that comes within another category in section 4 (2) of the Measure.

(6)

The “neglect and maltreatment” by one person (A) of another (B) is conduct—

(a)

which is characterised by a failure by A to meet B’s physical or psychological needs to an extent likely to result in the serious impairment of B’s health or development, and

(b)

which takes place when B is present in a children’s home or residential school managed by the Church of England.

(7)

The “financial abuse” by one person (A) of another (B) is limited to conduct by A towards B which—

(a)

causes B to suffer direct financial loss, and

(b)

provides a direct financial benefit to A or another person.

Annotations

Footnotes

f1: 2003 c. 42.