Justice system response to coercive control

Women’s Legal believes that the justice system response to coercive control can and should be improved. This can most effectively be achieved by improved activation of existing best practice family violence models, professional practice principles and legislative requirements in the justice setting. We oppose the criminalisation of coercive control.

Coercive control is a defining feature of family violence, and it is the experience of coercive and controlling behaviour that victims commonly describe as the worst type of abuse they experience. Coercive control is a known predictor of escalating violence, including domestic homicide.

The brief discusses the purported benefits of criminalising coercive control, and examines some of the underlying assumptions about whether criminalisation can achieve its intended goals. The brief explores the existing legislative and policy environment in Victoria, and puts forward recommendations to improve the justice response to coercive control.

Women’s Legal is of the view that the creation of laws to criminalise coercive control are detrimental to safety and accountability outcomes and offer no clear benefits that justify their introduction. 

Women’s Legal advocates that the existing and complementary civil and criminal legislative environment in Victoria strikes the right balance to account for the socio-legal complexities of family violence.