Landmark reforms to outlaw an insidious form of domestic violence have been introduced to State Parliament today.
The reforms would criminalise coercive control, an often difficult to detect form of abuse in which a perpetrator tries to control their victim, causing them to act against their own wishes or best interests.
The reform marks the culmination of extensive consultation with the legal profession, peak DV prevention advocacy groups, victim-survivors and the broader community.
The Bill would criminalise controlling behaviours within both current and former intimate partner relationships that restrict one or more of the following aspects of the victim’s life:
- Freedom of movement
- Freedom of action
- Ability to engage in social, political, religious, cultural, educational or economic activities
- Ability to make decisions with respect to their body
- Ability to access the justice system, basic necessities, support services or property they own.
The Bill would require the prosecution to prove the behaviour had a controlling impact that would be likely to cause physical injury or psychological harm, to ensure the laws capture only genuine instances of coercive control.
Quotes
Attributable to Kyam Maher
This Government is committed to tackling domestic and family violence at every level, and criminalising this insidious behaviour is a significant step forward in ensuring perpetrators face justice and victim-survivors are protected by the criminal law recognising this type of abuse.
Sadly, coercive control can often fly under the radar, leaving victims isolated.
By moving to outlaw this behaviour, we’re sending a message to the community that domestic and family violence in all its forms is unacceptable, and raising awareness of all types of domestic and family violence that may not always be instantly recognisable.
We’ve had extensive feedback from victim-survivors, DV prevention advocates, the legal profession and others, and I believe we have got the balance right in formulating world-leading laws that highlight and criminalise behaviour that genuinely impacts a person’s fundamental free will, and that could cause physical or psychological harm.
Attributable to Katrine Hildyard
Research shows that, alarmingly, in 99 per cent of domestic violence murders, coercive control was a factor in the relationship which preceded that horrific act.
Coercive control has absolutely no place in any relationship and this devastating fact requires us to take decisive action to tackle this horrendous form of violence.
This legislation we proudly introduce to our parliament today and our highly effective awareness campaign are crucial steps forward.
Throughout the years since we first moved a similar bill from Opposition, many courageous survivors have spoken with me about how they have suffered through coercive control. This bill is for them and those whom we have tragically lost.
We know that coercive control is pervasive in our community, but our laws currently do not adequately recognise these awful controlling behaviours as amounting to a criminal offence. This bill will ensure they do and that as well as responding to incidents, that we also effectively respond to patterns of domestic violence.
We are deeply committed to tackling every form of domestic violence and criminalising coercive control is a crucial part of doing so. I look forward to continuing to engage with our community and to introducing this bill to our parliament and wholeheartedly thank the many people and organisations who have contributed to its development.
Attributable to Embolden General Manager Mary Leaker
The introduction to Parliament of a Bill to make coercive control a criminal offence is an important step for South Australia in addressing domestic and family violence and rectifies a critical gap in our criminal law. Embolden and our members will be considering the detail of the Bill in the coming days.
The majority of people who seek help from specialist domestic and family violence services are experiencing coercive control. Coercive control causes significant fear, distress and harm and victim-survivors often say it is the worst part of their experience of abuse. Coercive control is also a key red flag that a victim-survivor is at increased risk of being killed by a current or former partner.
We support the State Government’s intention of a long lead-in time before the Act comes into force. It is vital that our police, courts and services have the capacity and capability to respond effectively, to ensure that coercive control legislation has the intended benefits for victim-survivors and to reduce the risk of unintended negative impacts. This includes the risk that the person most in need of protection will be misidentified – and research tells us that this is particularly a risk for Aboriginal and culturally and linguistically diverse women.
We have work to do to ensure that people working in our systems understand the gendered dynamics of power within coercive and controlling relationships and the ways in which these operate to constrain women’s freedom of action. We have work to do to ensure that our processes, including risk assessments, are responsive to coercive control as a pattern of behaviour over time. Embolden looks forward to working in partnership with the State Government and services across the community to ensure that our State is ready.
Coercive control legislation is also a really important opportunity to strengthen the understanding of domestic violence and abuse across our broader community, so that more South Australians can recognise the signs of coercive control and know how they might safely support family members, friends or colleagues who are experiencing, or using, coercive control.
