What is Coercive Control
Posted on 6 February 2023
Geoff Munce
What is coercive control?
“Her voice is too often unheard. We can’t hear her voice because, as a community, we don’t recognise many of the perpetrator’s behaviours as abusive. She often has no bruises, no injuries that are discernible to the eye. The underlying weapon of the perpetrator in this kind of abuse is control — exerted slowly, steadily and with increasing intensity — over her free association, free movement, and free thought. Like water torture, the drip, drip, drip continues until she is disorientated, confused, and in fear of drowning. It destroys and far too often ends her life.”[1]
Whilst there is no single definition, coercive control is a pattern of behaviour that controls a person’s autonomy. It can be subtle and sometimes victims do not speak up because they are fearful of the adverse action, they may experience from doing so.
The control may not be physical, but emotional. Research suggests that nonviolent abuse is more damaging. The emotional impact victims experience can last for years even after they have separated.
A study in NSW showed between 2008 to 2016, 99% of intimate partner homicides involved patterns of coercive control. Jealousy, and obsessive behaviour is contributing factor to the coercive control behaviour.
Coercive control is a significant societal issue. The death of Hannah Clarke and her children has prompted change. The Queensland Attorney General is laying the foundations for a stand-alone offence of coercive control. The Attorney General introduced the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 (the Bill).
The Bill will strengthen laws to address the patterned nature of coercive control and limit the ability of perpetrators to further traumatise victims during the court process.
The Bill proposes amendments to relevant legislation, to:
- modernise and strengthen the definition of stalking in the Criminal Code;
- broaden the definition of domestic and family violence to refer to a ‘pattern of behaviour’;
- strengthen the court’s response to cross application for protection orders, to ensure the person most at risk is being protected; and
- strengthen the court’s consideration of previous domestic violence history.
Common Behaviours
Common behaviours that may be used by perpetrators as part of coercive control include but are not limited to:
- emotional manipulation including humiliation and threats;
- surveillance and monitoring, often carried out online;
- isolation from friends and family;
- rigid rules about where the person can eat, sleep or pray; and
- placing limits on economic autonomy.
How do the Courts deal with Coercive Control?
Until such time as Coercive Control is seen as a standalone offence in Queensland, coercive control is dealt with under the Domestic and Family Violence Protection Act 2012 and victims can apply for a Domestic Violence Protection Order to reduce the risk.
Perpetrators can be manipulative, and often attempt to convince the court that they are the victim of domestic violence or downplay the control they have inflicted. They will often file a cross application seeking protection from the victim. When applying for a Protection Order, it is important that evidence (incidents) put forward in the application assists the court in identifying the behaviour and highlights they are the one who is in true need of protection.
HOW CAN OMNIA LEGAL ASSIST YOU?
For further advice about your situation, please contact the team at Omnia Legal to speak with an experienced Family and Domestic Violence Lawyer (07) 5415 0248.
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