A report released by the Australian Institute of Criminology has revealed how Australian female victim-survivors feel about the criminalisation 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 offence.
The report provided critical insight into potential benefits and risks of the new laws, with participants agreeing criminalisation could play a transformative role in improving community awareness, enhancing police responses, increasing victim-survivor safety, and holding perpetrators accountable.
Several anticipated benefits of criminalising coercive control included:
- Raised community awareness of the severity and unacceptability of coercive control
- Increased safety for women and children
- Improved police and legal system responses to intimate partner violence
- Improved access to justice and validation for victim-survivors
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 behaviour change," she said.
"While victim-survivors spoke of the potential positives of a criminalisation approach, their voices equally highlighted the importance of system upskilling and accountability."
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 behaviours 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 criminalisation 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 support services.
"Importantly, criminalisation must not inadvertently cause harm to already marginalised communities."
The report made several recommendations to ensure the safe and effective implementation of the new laws, including:
- Comprehensive training for police, magistrates and service providers
- Increased community awareness and education on the dangers of coercive and controlling behaviours
- Development of alternative perpetrator interventions beyond punitive measures
- Enhanced court processes to reduce victim-blaming and trauma
- Substantial investment in resources to support whole of system reform
As Australia has progressed efforts under the National Plan to End Violence Against Women and Children 2022-2032, the report has supported wider calls for reform across prevention, early intervention, response and recovery to tackle the national crisis of violence against women.
