Please be advised this article contains details of domestic and family violence which may be triggering for some readers.
“Coercive control” has become a buzzword in discussions around domestic violence in recent years.
While this insidious form of family violence is not new, it was brought back into the spotlight and to the forefront of public discourse in Queensland in February 2020, when 31-year-old Hannah Clarke and her three young children were brutally set alight and murdered by Hannah’s estranged husband.
An inquest confirmed what Hannah’s family and friends already knew; a long history of manipulative and abusive behaviour led to the murder of Hannah and her children. The course of conduct embarked on by her estranged husband throughout his relationship with Hannah and after their separation is known as “coercive control”. But despite Hannah’s attempts to seek help prior to her death, there was little the police could do to address the behaviours because until he murdered his family, he had not committed a “crime”.
Coercive control describes a pattern of behaviour or course of conduct purposefully embarked on by the perpetrator to create a power imbalance in the relationship, and control the victim’s behaviours through fear, threats and intimidation. Typically, a victim of coercive control will adjust and adapt their behaviours to “keep the peace” and avoid consequences or retribution from the perpetrator.
The Women’s Safety and Justice Taskforce, created in the wake of Hannah’s death, suggests the relevant behaviour can include:
- Degrading put-downs
- “Gaslighting”
- Micro-managing the victim’s life, including who they can spend time with, what they wear, that they eat and when they can leave the house
- Gradual isolation from family and friends
- Humiliation and threats
- Controlling or limiting access to money
- Monitoring movements, including tracking movements with electronic devices
- Using technology and social media to control and manipulate the victim
These behaviours, and patterns of behaviours, are often a precursor for stalking or assault of the victim, or as in Hannah’s case, murder. While coercive and controlling behaviours were already identified in the definition of domestic violence in Queensland’s domestic and family violence legislation, coercive control has not been criminalised in Queensland.
A Bill introduced to Parliament on 14 October 2022 introduces the first round of legislative changes, including amendments to the Criminal Code and the Domestic and Family Violence Protection Act 2012. The Bill seeks to lay the groundwork to criminalise coercive control by the end of 2023. It is hoped that by recognising and dealing with non-physical violence against victims, more proactive steps can be taken to protect vulnerable members of the community.
While the reforms are encouraging, there is still a long way to go in terms of addressing problems with the current police response to domestic violence, and the response to family violence against First Nations women. These issues are rightly the subject of ongoing discussion and focus, including the Royal Commission on the police response to domestic violence.
If you or someone you know is in need of legal advice and support, contact our team of expert family lawyers today.
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