New South Wales (NSW) has taken a significant step in combating domestic abuse by officially enacting laws that criminalize coercive control. This legislation, which carries penalties of up to seven years in prison, marks a crucial development in the state’s approach to addressing domestic violence.
SBS News reports that the criminalization of coercive control in NSW passed through parliament in 2022, but its introduction was delayed, allowing time for educating police, the judiciary, and the public.
Coercive control is a pervasive form of domestic abuse characterized by a pattern of behavior that can include verbal and emotional abuse, financial control, violence, intimidation, threats, monitoring, and isolation from family and friends. Perpetrators often restrict their partner’s psychological, physical, and financial autonomy to deny them independence. This new law positions NSW as the first jurisdiction to have a standalone dedicated offence for coercive control.
“Abuse against a current or former intimate partner is unacceptable and will not be tolerated,” said NSW Attorney General Michael Daley.
The Link to Homicide
Data from the NSW Domestic Violence Death Review Team reveals a strong correlation between intimate partner homicide and coercive control. From 2000 to 2018, 97 percent of intimate partner domestic violence homicides were preceded by the perpetrator exhibiting coercive control over the victim.
High-profile cases, such as the murder of Hannah Clarke and her three children by her estranged husband Rowan Baxter in 2020, have brought national attention to this form of abuse. Hannah Clarke’s case, in particular, highlighted the devastating consequences of coercive control and has spurred legislative changes in Queensland, known as Hannah’s Law, set to come into force in 2025.
Advocacy and Support
Annabelle Daniel OAM, CEO of Women’s Community Shelters, praised the new laws in NSW. “With this reform, we can now tell women seeking support at our services that the patterns of abuse they’ve experienced are criminal,” she told Women’s Agenda.
Daniel emphasized that the legislation would improve the lives of women and children, many of whom might never seek legal recourse. She also noted that police and court personnel had received training to identify patterns of coercive control, reducing the likelihood of misidentifying perpetrators during incidents
“There’s a very strong nexus between coercive control and domestic homicide,” Daniel added. “But it’s also important to note that coercive control deserves to be criminalized because it is intimate partner terrorism, whether or not it leads to domestic homicide. We need to draw a line in the sand around behavior that is acceptable in intimate partner relationships in New South Wales.”
Government Initiatives
The NSW government has allocated $5.6 million for implementing the coercive control laws, which includes training for police, awareness campaigns, and educational resources. A dedicated website has been launched to educate the public on coercive control, and an advertising campaign with the tagline “It’s not love, it’s coercive control. Know the signs of abuse” aims to raise awareness.
Stronger bail laws are also now in effect, requiring individuals charged with serious domestic violence offences to show cause as to why they should not be detained until their case is determined.
A Message to Perpetrators
Minister for the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison, emphasized the importance of these new laws in protecting victims and holding perpetrators accountable.
“Today’s commencement of coercive control and bail laws sends a strong message to perpetrators that abuse is unacceptable,” she said. “We have listened to the lived experience of victim-survivors about reforms needed in the system, including implementing a Primary Prevention Strategy to address the drivers of violence and stop it before it starts.”
The criminalization of coercive control in New South Wales represents a landmark achievement in the fight against domestic abuse. By recognizing and penalizing this insidious form of violence, NSW is taking decisive action to protect victims and prevent future tragedies.
Featured image: Coercive control has been criminalized in NSW. Source: Gorodenkoff / Adobe Stock.
