Coercive Control Laws are Changing in Queensland – What Does It All Mean?
- Written by MISS.com.au
In 2020, a woman named Hannah Clarke and her three children were murdered. They experienced a history of domestic violence and non-physical abuse from Clarke’s estranged husband. The devastating case highlighted that there were gaps in coercive control support, law enforcement and legislation.
In February 2023, the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 passed in the Queensland Parliament. This bill was created after extensive education, campaigning, discussion and research into coercive control to amend the Domestic and Family Violence Protection Act, Criminal Code Act (Qld) and other relevant legislation.
It is possible that by 2024, coercive control will be criminalised in the Criminal Code.
But before that happens, what are the current laws? How can we manage coercive control until there is legislative change?
What is coercive control?
Coercive control cannot be defined as a single act. It involves a pattern of behaviours or conduct that builds up into an imbalanced power dynamic in a domestic relationship. This often means that a person uses certain behaviours to have control over their partner.
Manipulation and fear tactics often surround coercive control behaviours. This includes humiliation; threats; controlling what their partner wears, eats, where they can go or how they spend money; gaslighting and degradation. Coercive control can encompass physical and sexual abuse and non-physical abuse such as psychological and financial abuse.
This leads to the victim of this relationship experiencing fear, powerlessness and isolation. Victims feel trapped by coercive patterns of behaviour.
What are the current coercive control laws?
With reference to the Domestic and Family Violence Protection Act, coercive control fits under the umbrella definition of domestic violence. However, it is not explicitly recognised in domestic violence law. It can be used to apply for domestic violence protection orders (also known as a DVO). However, on its own, coercive control is not a criminal offence.
What do these laws mean for someone experiencing coercive control?
For a perpetrator to receive punishment for coercive control and be charged with an offence, an incident must occur. For example, this means an event that meets attributes to an offence under the Criminal Code. This can include:
Unfortunately, this means that police cannot get involved in regard to behaviours leading up to the incident, just the act of assault itself.
While this may be the case, coercive control can be used to apply for a DVO.
What is the future looking like for coercive control laws?
There will be quite the improvement if coercive control legislation amendments are made. The intended outcomes of the amendment were shown in a statement by the Premier and Attorney-General. Coercive control has a complex definition. As we learn more about its psychological impact and how it relates to domestic violence, amendments will modernise and broaden current legislation and definitions.
However, these amendments still don’t resolve the fears and the barriers when it comes to reporting coercive control or domestic violence.
"While this is a legal leap forward, and the industry welcomes the reforms we're seeing in law enforcement, without victims being willing and able to safely report coercive behaviour, we're looking at new legislation with the same problems as the existing legislation" said Jennifer Hetherington, Family Lawyer.
How can people gather evidence of coercive control?
Another common issue with domestic violence and even more so, coercive control, is finding sufficient evidence to pursue action.
According to the Inquiry Into Family, Domestic and Sexual Violence, first responders and police find it difficult to recognise a pattern of behaviour that is indicative of coercive control. Often coercive control cases are dropped due to lacking proper evidence.
With or without new legislation, when it comes to giving proof, there is still a barrier to reporting coercive control. If you are experiencing coercive control, collect any text messages or voicemails; photos of property damage or personal injury; health records and bank statements. Evidence that indicates repetitive behaviours will be helpful.
A recommended way to collect evidence safely is to keep it somewhere or with someone you trust.
As coercive control amendment laws go through the legislation process, keep an eye out for any developments.
