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December 12, 2024

Victim-survivors share views on criminalizing coercive control

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Credit: Pixabay/CC0 Public Domain

A released by the Australian Institute of Criminology has revealed how Australian female victim-survivors feel about the criminalization of coercive control and highlighted a need for wider changes to the justice system's responses to domestic, family and sexual violence.

Researchers from Monash University and Griffith University interviewed 130 victim-survivors across the country, finding overwhelming support for coercive control being a stand-alone criminal offense.

The report provided critical insight into potential benefits and risks of the new laws, with participants agreeing criminalization could play a transformative role in improving community awareness, enhancing police responses, increasing victim-survivor safety, and holding perpetrators accountable.

Several anticipated benefits of criminalizing coercive control include:

Professor of Social Work at Griffith University, Adjunct Professor in Criminology at Monash and report co-author Professor Silke Meyer said many of the victim survivors expressed concerns around the impacts of justice system responses.

"The views and experiences of victim-survivors remind us that criminal justice system responses frequently cause more harm to victim-survivors, rather than holding perpetrators accountable and facilitating behavior change," she said.

"While victim-survivors spoke of the potential positives of a criminalization approach, their voices equally highlighted the importance of system upskilling and accountability."

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The report also drew attention to significant challenges and risks, particularly for First Nations communities, including misidentification by police, trauma associated with court processes, and the challenges of proving coercive and controlling behaviors under the standard of proof required in criminal cases.

Monash University's Professor Kate Fitz-Gibbon said victim-survivors' perspectives should remain at the heart of legal and policy reforms.

"While many see criminalization as a vital step forward, effective implementation will require significant systemic change," she said.

"Our research shows victim-survivors are looking for more than just a new law—they want a whole-of-system response that addresses gaps in training, awareness and .

"Importantly, criminalization must not inadvertently cause harm to already marginalized communities."

The report made several recommendations to ensure the safe and effective implementation of the new laws, including:

As Australia progressed efforts under the National Plan to End Violence Against Women and Children 2022–2032, the report supported wider calls for reform across prevention, , response and recovery to tackle the national crisis of violence against women.

More information: Kate Fitz-Gibbon et al, The criminalisation of coercive control: A national study of victim‑survivors' views on the need for, benefits, risks and impacts of criminalisation, (2024).

Provided by Monash University

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