Do You Think Our Legal System Will Ever Allow Charges For Psychological Assault?

Question: Do you think our legal system will ever allow charges for psychological assault?

Answer (1) Interesting question! Given that emotional abuse often has a long-lasting impact on an individual in the way that they see themselves, how they see others, and the relationships they have with others, I think it should be acknowledged as a crime by the legal system. However, some magistrates still have issues with allowing victim impact statements, and many fail to consider the victim when handing out punishments. It could be that physical assault continues to get more recognition due to its visibility and "shock value". Physical wounds usually heal within weeks, yet emotional wounds can last a life-time.

Answer provided by Graham Cox, Psychologist

Answer (2) I would be very worried if this were put on the statutes without due deliberation and consultation to ensure clear guidelines, as to exactly what would legally constitute, psychological abuse. If it were to be at all vague, or open to too much interpretation by the judiciary, I can see it could be subject to all sorts of factitious and contrary misuse as a weapon, to punish, discredit and harrass. This is in no way to suggest that psychological abuse does not exist or is not a very serious matter. It is just as real and damaging as physical and sexual abuse.

Answer provided by David White, Psychotherapist

Answer (3) Psychological and emotional abuse is recognised now as a form of bullying and is also accepted by Family Violence practitioners as a form of domestic or family violence. Civil damages can be awarded for trauma resulting from such behaviours. Stress leave is sometimes attributable to workplace bullying and psychological torment rather than stress around the core-business of a company. The law is conservative and proceeds on evidence tending not to convict when in doubt. I for one would not want the legal fraternity to suddenly become too adventurous with our civil rights. Physical, medical evidence is easier to gather and document than emotional hurt which must by nature rely on opinion. We may find more comfort from processing the hurts, understanding how they came about, and hopefully gain from this how we might be better prepared for the next time we encounter someone who means us harm. This is easier said than done. Telling the story out loud, with someone you trust, could facilitate the process somewhat.

Answer provided by John Hunter, Counsellor