Overview of Coercive Control Coercive control is a form of domestic violence where an abuser restricts aspects of their partner’s life with the aim of controlling their behaviour and actions. Coercive control has historically been an area of domestic violence that legislation had struggled intervening into, due to how difficult it is to identify and prove in the court of law.
Reforms proposed last week in the South Australian Parliament seek to introduce coercive control in state legislature, and thus allow for victims to be identified and treated more effectively in legal proceedings. This article explores the recent Criminal Law Consolidation (Coercive Control) Amendment Bill 2024, affirming it as a helpful force in generating greater visibility for domestic violence and coercive control in Australia. However, proving coercive control remains a complex endeavour, reinforcing the need for attentive and qualified legal support for potential victims of coercive control.
What is Coercive Control? Coercive control (also often referred to as “abusive power and control” or “controlling behaviour”) is a pattern of abusive behaviour displayed by a partner in an intimate relationship when seeking to assert control over what the other person does or how they act. Studies globally have identified many tactics used by abusive partners to control their significant other , including, but not limited to:
positive reinforcement, such as praise, superficial charm, flattery, ingratiation, love bombing) negative reinforcement, through taking away aversive tasks or items, intermittent or partial reinforcement, psychological punishment, such as silent treatment, threats, intimidation, emotional blackmail, guilt trips, and traumatic tactics (such as verbal abuse or explosive anger). Coercive control extends into all aspects of the victim’s everyday life, including a person’s ability to engage with their friends and family, make independent financial decisions, and decide what to eat or when to sleep .
Why Should Coercive Control be Criminalised? Abusive behaviours tend to be used over a prolonged period of time to normalise the partner’s dominance and entrench the power imbalance in the relationship. An abusive partner may inflict abuse for a certain period, then suddenly stop and appear regretful, thus allowing the victim to forgive them and continue enduring the abuse that inevitably follows. As such, coercive control makes seeking help difficult for victims, as they often do not realise the gravity of their situation. It is a leading factor in keeping victim-survivors trapped in an unhealthy relationship.
Additionally, research conducted by the Attorney-General's Department found a correlation between increased patterns of coercive control behaviour and intimate partner homicide cases .
Worryingly, separation (the legal mechanism most widely used in domestic violence cases) is not a solution, as coercive control rarely stops once the relationship is ended. In fact, a perpetrator’s abusive behaviour often intensifies during and after separation . This highlights the need for coercive control to be designated as a criminal offence.
How is Coercive Control Addressed in Legislation Globally? Coercive Control is criminalised in England and Wales through the Serious Crime Act 2015 . It requires for coercive behaviour to have been engaged in “repeatedly or continuously” and to have had a “serious effect” on the victim, to be prosecuted. Proving coercive control involves showing that the behaviour of the perpetrator has made the victim fear violence on at least two occasions, or to have severely affected their everyday activities. Proving coercive control further requires proof of intent to control or coerce.
Outside of England and Wales, Ireland and some U.S. states have legal mechanisms of identifying coercive control. Mentions of coercive control, however, remain rare in legal frameworks globally.
What does Coercive Control mean in South Australia? At the moment, coercive control is not recognised as a specific criminal offence in South Australian and federal legislation. However, there has been interest in at least legally defining the concept over the past few years.
In 2022, the South Australian Attorney-General’s Department released a discussion paper exploring prospective measures for criminalising coercive control in South Australia, which then contributed to the National Principles to Address Coercive Control. State-based community consultations were further facilitated by the Attorney-General's Department in 2021, 2022, and 2023. These consultations resulted in the final Bill, titled Criminal Law Consolidation (Coercive Control) Amendment Bill 2024.
Criminalising Coercive Control in South Australia If implemented, the Bill will allow South Australian legislature to prosecute individuals if they have restricted their partner’s:
Freedom of movement; freedom of action; ability to engage in social, political, religious, cultural, educational or economic activities; ability to make choices with respect to their body (including, but not limited to, choices in relation to their reproductive options, medical treatment or sexual activity); ability to access: the justice system, necessities (water, sleep, food or hygiene), support services (welfare services or services provided by a registered health practitioner or a legal practitioner), property owned by the other person (whether solely or jointly with another person) or the other person's place of residence; any other aspect of the other person's life as may be prescribed by the regulations. The Bill defines mechanisms utilised by an abusive partner as any of the below:
physical restriction, verbal or psychological restriction, removing the means by which a person is able to do something, deception, any other behaviour that, directly or indirectly, significantly impairs the other person’s ability to do something. The Bill’s definition of a behaviour having a “controlling impact” is comprehensive, even when compared to similar legislation across the world.
Remarkably, the Bill further does not require the prosecution to prove that the perpetrator intended to exercise control – a stepping stone that has often tripped up similar cases in England and Wales. However, they are still required to prove the behaviour’s controlling impact likely caused physical or psychological harm, “to ensure the laws capture only genuine instances of coercive control” .
If passed, the Bill will carry a maximum sentence of up to 7 years in prison.
What else is needed to address Coercive Control in Australia? The evident intent behind South Australia’s move to criminalise coercive control is to guarantee justices for victims and raise awareness about a form of domestic violence that, as Attorney-General Kyam Maher stated, “can often fly under the radar” . It is fair to trust then that, until proven otherwise, this Bill is comprehensive enough to successfully address this need.
Katrine Hildyard, Minister for Women and the Prevention of Domestic, Family and Sexual Violence, has stated that the adoption of the Bill will come alongside a “highly effective awareness campaign”. This is a much-needed supplement to legislation – since 2019, British students have been learning about coercive control in their relationships curriculum, which has led to a deeper understanding of the issue.
It is still difficult to imagine a victim comfortably navigating the complex and triggering legal process alone. Evidence and testimony collection in court often requires victims to endure the stress of recalling troubling memories. Stress may be further exacerbated if the victim feels like the system does not believe them. As such, it is important that legal professionals remain supportive and available to victims of domestic abuse, to best support them through this process.
Are you or someone you know in need of legal support? Please contact the qualified team at Wadlow Solicitors for a confidential discussion.
