Subtle Implicit Nonmaleficence Coercion, Psychological Violence, and Criminalisation Surface
Year: 2026
Type: preprint
Abstract: This working paper develops the concept of subtle implicit nonmaleficence coercion (SINC) as a processual complexity concept for analysing psychological violence, intimate-partner violence, and criminalisation. SINC describes a gradual relational process in which one party’s anticipated distress, anger, withdrawal, accusation, collapse, suspicion, jealousy, or retaliatory response becomes an implicit constraint on the other party’s words, actions, and eventually thoughts. The concept is not proposed as a criminal offence, statutory element, clinical diagnosis, or substitute for coercive control. Its function is analytical: to distinguish outcome, mechanism, and legal attribution in cases where self-censorship, anticipatory compliance, and restricted agency may resemble the effects of criminal psychological violence. The paper combines a Swedish criminalisation case study, centred on the 2026 criminalisation of psychological violence, with a theory-guided secondary analysis of international IPV literature on bidirectionality, psychological aggression, coercive control, typological heterogeneity, and prevention fit. It argues that psychological violence criminalisation expands both legal recognition and institutional sorting burden. Victimisation data and harm-like outcomes are indispensable for identifying serious relational harm, but they do not by themselves establish criminal liability. The central contribution is to frame psychological-violence criminalisation as a problem of legal translation: broad empirical harm fields must be translated into statutory thresholds, evidentiary discipline, mechanism-sensitive attribution, and institutional routing. The paper therefore warns against both under-recognition of internalised psychological constraint and over-attribution where later self-limitation is treated as retrospective proof of criminal coercion. This version is released as a working paper / conceptual article for citation, discussion, and further development. This article is analytically related to the Swedish-language preprint När utsatthetsdata blir straffrätt but is not a direct translation. It develops a broader processual and international argument around SINC, psychological violence, criminalisation surface, and legal translation.
Author: Fröderberg, J. E.
Language: English
Subfield: Health
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7162116062