Print Version - WHAT THE LAW SAYS ABOUT... PSYCHOLOGICAL ABUSE

There are few criminal offences that cover the conduct of psychological abuse. Possible offences that might cover this kind of abuse are:

Link uttering threats
Link harassment
Link forcible confinement

NOTE: Psychological abuse is difficult to prove because it usually takes place in private. It can be very useful to keep a record of the abuse (what and when) in order to help prove that it occurred. Other people may also have noticed the abuse and could be potential witnesses.


Uttering threats

Where a person knowingly utters or causes anyone to receive a threat to:

  • cause death or bodily harm to anyone
  • burn, destroy or damage any property or
  • kill, poison or injure an animal belonging to anyone


Harassment

Unlawfully causing someone to have a reasonable fear for his or her safety or for the safety of someone he or she knows by:

  • following the victim or someone the victim knows
  • repeatedly contacting him or her, or someone he or she knows
  • watching or hanging around the victim's house or the house of someone the victim knows
  • watching or hanging around the victim's (or someone the victim knows) workplace or any other place he or she happens to be
  • using threatening conduct to the victim or other member of his or her family


Forcible confinement

Where someone is confined or imprisoned unlawfully. The fact that the person confined did not resist is not a defence, unless an accused can show that the failure to resist was not caused by threats, duress, or a show of force.

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Updated: September 29, 2003
© Legal Resource Centre of Alberta Ltd. 2002
OAK-Net: Abuse of Older Adults
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