PSYCHOLOGICAL ABUSE
Harassment: section 1 of the Protection from Harassment Act 1997
This states that one individual must not pursue a course of conduct which amounts to harassment of another individual and which the person knows, or should know, amounts to harassment of the other person.
To bring a criminal prosecution, a ‘course of conduct’ must involve such behavior on at least two occasions. Such behavior can include verbal abuse. Civil action can also be taken by obtaining an injunction against the harasser (section 3). This is irrespective of whether a prosecution is brought against the harasser, or if previous harassment has taken place.
Under section 4 of the same act, a course of behavior that on at least two occasions causes another person to fear that violence will be used against him/her can be an offence. In this case, the court has the power to issue a restraining order or injunction against the offender.
Under section 4A of the Public Order Act 1986, an offence is committed when a person intends to cause another harassment, alarm or distress by:
• ‘using threatening, abusive or insulting words or behavior, or disorderly behavior, or
• displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.
The Crime and Disorder Act 1998 allows for Anti-Social Behavior Orders (ASBOs) to be applied for directly, by either the police or the local authority in consultation with each other. These may be particularly effective where adults with learning disabilities are being victimized by neighbors in their local community and, if these are breached, further action can be taken.
