Australia's Coercive Control Laws Face Prosecution Hurdles, Experts Reveal
Authorities in Australia are encountering significant difficulties in successfully prosecuting domestic and family offenders under the nation's newly implemented coercive control laws. According to the Bureau of Crime Statistics and Research, New South Wales Police recorded nearly 300 incidents last year, but only nine coercive control charges were laid, resulting in just one conviction. This low prosecution rate underscores the complexities involved in addressing this form of abuse.
Similar Challenges in the United Kingdom
The situation mirrors that in the United Kingdom, where coercive control laws have been in place for over a decade. UK forensic criminologist Jane Monckton-Smith, creator of the 'Homicide Timeline'—an eight-stage sequence detailing how coercive controllers can lead to fatalities—emphasizes that a major issue is the widespread misunderstanding of coercive control. "Well, of course, you have to understand what coercive control is and how it works," she stated.
Monckton-Smith explains that coercive controllers introduce unwritten rules and expectations into relationships, punishing victims for non-compliance. "At one end of that spectrum you might have the silent treatment and at the other end of the spectrum you might have a serious assault," she said. "So violence is a tactic and it's usually a punishment for having broken one of the rules."
Evidence Gathering and Victim Misidentification
Perpetrators employ various methods to control victims, including financial restrictions and gaslighting—an ongoing assault on self-confidence. Monckton-Smith notes that authorities struggle to gather sufficient evidence, as coercive control often involves subtle, non-physical patterns of abusive behavior rather than single, clear incidents. Another critical issue is the misidentification of victim-survivors as primary offenders and their reluctance to engage with police due to fears of escalated abuse.
"Over here is that coercive control is written into the law as a pattern of behaviour. So it's not one incident – it has to be more than one incident," Monckton-Smith said. "But we're still relying on violence to prove coercive control, which, of course, completely undermines what coercive control is. So quite often they will look at patterns of violence."
Legal Similarities and Homicide Statistics
The laws in New South Wales are similar, with the sole conviction secured through a guilty plea. Latest statistics from the NSW Domestic Violence Death Review Team reveal that a quarter of intimate partner homicide perpetrators did not have a violent record, highlighting the insidious nature of coercive control.
Expert Insights on Perpetrator Behavior
Queensland University of Technology forensic criminologist Claire Ferguson describes coercive controllers as "usually well practiced" and highly deceptive. "They're expert liars. They often have histories of lying for personal gain and being manipulative for their own sort of ends in lots of different spheres of their life, or in lots of different contexts," she said.
Ferguson notes that offenders, such as Gerard Baden-Clay, who kill their partners, often try to mask their culpability. "We know that the types of behaviours that those perpetrators use are usually well practiced," she explained. "They're the same behaviours during the homicide that have been used over the years with that victim while they're alive, and also on witnesses, on other people in their lives, and then on police later on."
She added that these perpetrators refine their manipulative tactics over time to convince and control those around them.
Support and Resources
For those impacted by sexual assault, domestic or family violence, support is available:
- Call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.
- In an emergency, call 000.
- Advice and counselling for men concerned about their use of family violence: Men's Referral Service, 1300 766 491.
Organizations such as The Red Heart Campaign, Australian Femicide Watch, The Allison Baden-Clay Foundation, Beyond DV, The Red Rose Foundation, White Ribbon Australia, and Friends with Dignity offer further assistance and advocacy.
