NEW QUEENSLAND DOMESTIC VIOLENCE LAWS
New domestic violence laws which start to implement new coercive control laws were introduced into the Queensland Parliament on Friday 14 October 2022.
What is coercive control?
Coercive control is a form of domestic violence that involves a range of tactics designed to exert power and control over a victim. These tactics may include emotional abuse, verbal abuse, psychological abuse, financial abuse, and physical abuse. Coercive control is often characterized by a pattern of behaviour rather than a single incident, and it can have serious and long-lasting effects on a victim’s physical, emotional, and mental health.
Examples of coercive control may include:
- Isolating a victim from their friends and family
- Monitoring a victim’s activities, including their phone and internet use
- Controlling a victim’s finances and limiting their access to money
- Intimidating and threatening a victim
- Belittling and humiliating a victim
- Manipulating a victim’s emotions, such as by withholding affection or giving the silent treatment
- Using physical violence to maintain control over a victim
Why is coercive control a problem?
Coercive control can have serious and long-lasting effects on victims. Victims may experience anxiety, depression, PTSD, and other mental health issues. They may also suffer physical harm, including bruises, broken bones, and other injuries. Coercive control can also have a negative impact on a victim’s ability to work, study, and engage in social activities.
Coercive control is also a significant public health issue. According to research, women who experience coercive control are more likely to experience physical and sexual violence, as well as other forms of abuse. Coercive control can also have a negative impact on children who witness it, as it can affect their emotional and psychological development.
What is the new offence of coercive control in Queensland?
The new offence of coercive control in Queensland is designed to criminalise the pattern of behaviour that is characteristic of coercive control. Under the new laws, a person can be charged with coercive control if they engage in a course of conduct that is coercive or controlling, and that causes a victim to fear for their safety or wellbeing.
The offence is broad and includes a range of behaviours, such as:
- Isolating a victim from their friends and family
- Controlling a victim’s finances and limiting their access to money
- Monitoring a victim’s activities, including their phone and internet use
- Intimidating and threatening a victim
- Belittling and humiliating a victim
- Manipulating a victim’s emotions, such as by withholding affection or giving the silent treatment
- Using physical violence to maintain control over a victim
The maximum penalty for coercive control is seven (7) years imprisonment. However, the court may also impose other penalties, such as fines, probation, or community service.
How does the new offence of coercive control work?
To prove the offence of coercive control, the prosecution must establish that the accused engaged in a course of conduct that was coercive or controlling, and that caused a victim to fear for their safety or wellbeing. A course of conduct may include a pattern of behaviour over time, or a series of incidents that occurred in a short period.
The prosecution must also establish that the accused intended to cause the victim to fear for their safety or wellbeing, or that they were reckless as to whether their conduct would cause the victim to fear for their safety or wellbeing. The victim’s fear can be subjective and does not have to be reasonable in the circumstances.
The new offence of coercive control also recognises that victims may be reluctant to report the abuse they are experiencing. To address this issue, the legislation provides for the court to take into account the impact of coercive control on the victim’s behaviour and decision-making. This means that the court can consider evidence that the victim may have acted in a certain way because they were subjected to coercive control, such as staying in a relationship or not reporting abuse to the police.
Why is the new offence of coercive control necessary?
The Queensland Government wish to send the message that Coercive control is a serious form of abuse that can have devastating and long-lasting effects on victims.
The new offence also recognises that domestic violence is not just about physical violence. It is said that coercive control can be just as harmful as physical violence, and can often lead to physical violence. By criminalising coercive control, the Queensland Government is acknowledging the complex and multifaceted nature of domestic violence.
Want to know more about coercive control?
Please don’t hesitate to contact our office on 07 5554 6116 to speak to one of our highly qualified lawyers.
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