Female victim-survivors of coercive control overwhelmingly support making it a standalone criminal offence, groundbreaking national research released today (10 December) reveals.
The study, led by Monash University and funded by the Australian Institute of Criminology, is the largest of its kind in Australia and provides critical insights into the potential benefits and risks of introducing coercive control as a stand-alone criminal offence.
The report draws on in-depth interviews with 130 victim-survivors of coercive control from across Australia. Coercive control refers to a pattern of abusive behaviours that over time create fear and deny the victim’s liberty and autonomy. People who use coercive control may use physical or non-physical abusive behaviours, or a combination of both.
Participants emphasised that criminalisation may play a transformative role in improving community awareness, enhancing police responses, increasing victim-survivor safety and holding perpetrators to account.
The research was conducted by Monash University Professor Kate Fitz-Gibbon with Professor Silke Meyer (Griffith University), Professor Sandra Walklate and Dr Ellen Reeves (both University of Liverpool).
Lead author, Professor Fitz-Gibbon, said: “This study amplifies the voices of those with lived experience of coercive control, with the objective to ensure victim-survivors' perspectives are at the heart of legal and policy reforms.
“While many victim-survivors see criminalisation as a vital step forward, it’s clear that effective implementation will require significant systemic change.’’
Victim-survivors interviewed identified several anticipated benefits of criminalising coercive control, including:
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raising community awareness of the severity and unacceptability of coercive control
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increasing safety for women and children
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improving police and legal system responses to intimate partner violence
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providing improved access to justice and validation for victim-survivors.
But victim-survivors were also clear that wider changes to the justice system’s responses to domestic, family and sexual violence were needed if the objectives of any new criminal offences are to be achieved.
“Our research shows that 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 support services. Importantly, criminalisation must not inadvertently cause harm to already marginalised communities,’’ said Professor Fitz-Gibbon.
The report underscores significant challenges and risks, particularly for First Nations communities and other victim-survivors disproportionately affected by the criminal justice system. Concerns raised throughout the interviews include the risk of mis-identification by police, the trauma associated with court processes and the challenges of proving coercive and controlling behaviours under the standard of proof required in criminal cases.
Adjunct Professor Silke Meyer said: "The views and experiences of victim-survivors remind us that the criminal justice system frequently does more harm to victim-survivors than hold perpetrators to account or help change behaviours."
New South Wales and Queensland are in the process of implementing coercive control laws while some other Australian states have committed to doing so.
The report makes several recommendations to ensure the safe and effective implementation of new offences of coercive control, including:
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comprehensive training for police, magistrates, and service providers
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increased community awareness and education on the dangers of coercive and controlling behaviours
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development of alternative perpetrator interventions beyond punitive measures
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enhanced court processes to reduce victim-blaming and trauma
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substantial investment in resources to support system reform.
As Australia progresses efforts under the National Plan to End Violence Against Women and Children 2022-2032, this study supports wider calls for wholesale reform of the justice system to improve responses to men’s violence against women.
You can read the study at the Australian Institute of Criminology website.
ENDS
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Chris Bartlett
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Kate Fitz-Gibbon
Professor (Practice), Faculty of Business and Economics
Monash University
Phone: 0412 339 243
Email: [email protected]
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