What is “victimless prosecution”?
A “victimless prosecution” is one where no evidence is directly adduced from the complainant. This is only likely to take place where a victim is a) unwilling to give evidence, and b) it is in the public interest to continue with the prosecution without the victim. One of the most common public interest factors is the fact that a successful prosecution is likely to protect the victim from further abuse.
Controlling and coercive behaviour occurs when a person repeatedly or continuously engages in behaviour towards another person, to whom they are personally connected, that is controlling or coercive, and that behaviour has a serious effect on the victim by causing them:
- to fear violence will be used against them on at least two occasions; or
- serious alarm or distress which has a substantial adverse effect on their usual day to day activities.