22 Aug Understanding Coercive Control Laws: A New Era for NSW and Global Perspectives
In November 2022, the New South Wales Parliament passed the Crimes Legislation Amendment (Coercive Control) Act 2022, which created an offence of ‘abusive behaviour towards current or former intimate partners’. From 1 July 2024, these new coercive control laws came into effect in NSW.
This landmark legislation marks a critical shift in how we address and combat intimate partner violence. But what exactly are coercive control laws, and how do they compare to similar legal frameworks around the world? Let’s delve into these questions and explore the impact of these new laws.
What Are Coercive Control Laws?
Coercive control laws are designed to criminalise a pattern of behaviour that exerts control over an intimate partner through manipulation, intimidation, and psychological abuse. In NSW, this offence is punishable by up to seven years imprisonment.
Examples of ‘abusive behaviour’ according to section 54F Crimes Act 1900 (NSW) include isolating the victim from friends and family, controlling their finances, monitoring their movements, destroying or damaging property, injuring or killing an animal, deprivation of liberty, and using threats to instil fear.
Pursuant to section 54E Crimes Act 1900 (NSW), it is a defence to this charge if the accused’s conduct was reasonable in all the circumstances.
A Global Perspective: How Does NSW Compare?
NSW is not the first to introduce coercive control laws, but it joins a growing number of regions recognising the importance of addressing psychological abuse. Let’s take a look at how these laws measure up globally:
- United Kingdom: The UK was one of the pioneers in introducing coercive control legislation. In 2015, England and Wales implemented a specific offence for controlling or coercive behaviour, which has since been instrumental in numerous prosecutions. This law has set a precedent, influencing other jurisdictions and providing a robust framework for tackling non-physical abuse.
- Scotland: Scotland followed suit with its own approach to coercive control. The Scottish legislation is notable for its emphasis on a broad definition of abusive behaviours, capturing a wide array of coercive tactics. This comprehensive approach has been crucial in addressing various forms of psychological abuse.
- Ireland: Ireland introduced similar laws in 2019, adding coercive control to its domestic violence legislation. The Irish law also highlights the importance of recognising and prosecuting psychological abuse, reflecting a growing understanding of its impact.
Seeking Legal Support
Navigating the complexities of coercive control laws can be daunting, whether you are a victim seeking justice or a concerned individual trying to understand these new legal dynamics. If you or someone you know is affected by coercive control or domestic abuse, seeking expert legal advice is crucial.
At FEDOROV Family Lawyers, we specialise in helping individuals through the legal complexities of domestic violence cases, including the new coercive control laws in NSW. Our experienced team is dedicated to providing compassionate, knowledgeable support to ensure that your rights are protected and that you receive the justice you deserve.
If you need assistance or have questions about how the new coercive control laws might impact your situation, don’t hesitate to reach out to us. Contact FEDOROV Family Lawyers today for a confidential consultation and let us guide you through this challenging process with expertise and care.