Nina Peršak, Pathways to the criminalisation of emotional distress: An offence- and harm-based typology, International Journal of Law, Crime and Justice, Volume

Nina Peršak, Pathways to the criminalisation of emotional distress: An offence- and harm-based typology, International Journal of Law, Crime and Justice, Volume 63, 2020, https://doi.org/10.1016/j.ijlcj.2020.100416 https://doi.org/10.1016/j.ijlcj.2020.100416. "The article examines the criminalisation of causing negative emotional states in others and pursues a principled response to the question under which conditions, in a liberal democratic society, it is legitimate to criminalise human conduct that leads to emotional distress in others. Its main aim is to develop an exploratory typology of different types of legally-relevant emotional distress, based on existing offences and informed by the criteria drawn from criminal law philosophy." https://www.linkedin.com/pulse/new-law-against-emotional-abuse-social-control-robert-beckerman https://www.linkedin.com/pulse/new-law-against-emotional-abu... "From March 2019, psychological violence is finally equated with physical violence in Denmark through a new law. […] In 2010, the French government criminalized psychological violence in intimate relationships, with the punishable offense carrying a maximum sentence of three years in prison and a €45,000 fine (approximately US $51,345). In England and Wales, coercive control in intimate relationships became a criminal offense in 2015. Last year, Scotland also adopted a similar measure." https://neurolaunch.com/is-psychological-abuse-a-crime/ https://neurolaunch.com/is-psychological-abuse-a-crime/ "In some jurisdictions, psychological abuse is explicitly criminalized. France, for example, passed a law in 2010 making psychological violence in relationships a criminal offense. Similarly, some U.S. states have laws that specifically address emotional abuse, particularly in the context of domestic violence or child abuse. But for every country or state that recognizes psychological abuse as a standalone crime, there are many more that don’t. In these places, psychological abuse often falls under broader categories of abuse or is addressed through civil rather than criminal law. […] But here’s the rub: the burden of proof in criminal cases is high. “Beyond a reasonable doubt” is a tough standard to meet when dealing with something as intangible as psychological abuse. It’s like trying to catch smoke with your bare hands – possible, but incredibly challenging. This is where psychological abuse lawsuits in civil court can sometimes provide an alternative path to justice. The burden of proof is lower, typically requiring only a “preponderance of evidence.” It’s not perfect, but for many victims, it’s a more accessible route to holding their abusers accountable."