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Coercive Control in Domestic Relationships

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Coercive Control in Domestic Relationships Parliament of New South Wales Joint Select Committee on Coercive Control Report 1/57 – June 2021 Coercive control in domestic relationships New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Joint Select Committee on Coercive Control. Coercive control in domestic relationships / Joint Select Committee on Coercive Control. [Sydney, N.S.W.] : the Committee, 2021. – 1 online resource ([192] pages). (Report ; 1/57) Chair: Hon. Natalie Ward, MLC. “30 June 2021” ISBN: 9781925214017 1. Family violence—New South Wales. 2. Intimate partner violence—New South Wales. 3. Psychological abuse—New South Wales. I. Title. II. Ward, Natalie. III. Series: New South Wales. Parliament. Joint Select Committee on Coercive Control. Report ; 1/57. 362.8292 (DDC22) The motto of the coat of arms for the state of New South Wales is “Orta recens quam pura nites”. It is written in Latin and means “newly risen, how brightly you shine”. Coercive control in domestic relationships Contents Membership ____________________________________________________________ iii Chair’s foreword __________________________________________________________iv Summary ________________________________________________________________vi Answers to questions – coercive control discussion paper _________________________ x Findings and recommendations _____________________________________________ xiv Chapter One – Why does it matter? ______________________________________________ 1 The facts and evidence the Committee can’t ignore ______________________________________ 1 Chapter Two – What is coercive control? __________________________________________ 7 ‘It is kind of death by a thousand cuts’ ________________________________________________ 7 Biderman’s Chart of Coercion_______________________________________________________ 10 The steps to coercive control _______________________________________________________ 11 Cultural and other differences ______________________________________________________ 14 The impacts of coercive control _____________________________________________________ 15 Chapter Three – Do current laws effectively address coercive and controlling behaviour? ___ 18 Current laws are not effective for coercive and controlling behaviour ______________________ 18 Changing current laws to include coercive and controlling behaviour _______________________ 25 Working towards national consistency _______________________________________________ 39 Chapter Four – What other reforms are needed to better respond to all types of domestic abuse? ____________________________________________________________________ 44 Ensuring a whole of government approach ____________________________________________ 44 Raising community awareness ______________________________________________________ 48 Resourcing for domestic abuse and housing services ____________________________________ 54 Resourcing for prevention and early intervention programs ______________________________ 59 Piloting triage and referral hubs _____________________________________________________ 64 Supporting the police response _____________________________________________________ 69 Education and training for frontline staff _____________________________________________ 74 Chapter Five – How could a coercive control offence be implemented? _________________ 79 Benefits of creating a coercive control offence _________________________________________ 79 A taskforce to implement a coercive control offence ____________________________________ 83 Elements of a coercive control offence _______________________________________________ 87 Changes to evidence, sentencing and jury directions ___________________________________ 101 Appendix One – Terms of reference ____________________________________________ 110 Appendix Two – Relevant legislation in other jurisdictions ___________________________ 111 i Coercive control in domestic relationships Appendix Three – Conduct of inquiry ___________________________________________ 119 Appendix Four – Submissions _________________________________________________ 120 Appendix Five – Witnesses ____________________________________________________ 124 Appendix Six – Site visit ______________________________________________________ 130 Appendix Seven – Extracts from minutes ________________________________________ 136 ii Coercive control in domestic relationships Membership Total attendances Chair The Hon. Natalie Ward MLC 10 Deputy Chair Ms Trish Doyle MP 9 Members Ms Abigail Boyd MLC 10 Mr Justin Clancy MP 8 Ms Steph Cooke MP 9 The Hon. Rod Roberts MLC 9 Mr Peter Sidgreaves MP 8 Ms Anna Watson MP 5 Contact details Joint Select Committee on Coercive Control NSW Parliament House 6 Macquarie Street SYDNEY NSW 2000 Telephone (02) 9230 2223 E-mail [email protected] Website www.parliament.nsw.gov.au/committees iii Coercive control in domestic relationships Chair’s foreword The enormity of this task and expectations of those with interest have weighed on me heavily, perhaps more than any other task I have been humbled to have been entrusted to undertake in this role. It has affected me deeply. While so much of the work of parliamentary committees affects our citizens’ lives, it is often process driven and at a distance. As we heard the evidence of terror, of murder, of heartbreak, and of bare survival in the lives of women and children, right here in our first-world peaceful nation of Australia, in this year 2021, it became apparent that the evidence demonstrated we have an obligation to do more to address a very obvious gap. Our deepest appreciation is extended to the brave souls who took the time to prepare written submissions, who shared their experiences, and had the guts to re-open their wounds in order to educate us. To those who work in, care for and provide services for victim survivors, and families of those who haven’t survived, including Police, we thank you for your persistence. My parliamentary colleagues have brought brilliant, patient, balanced and deeply heartfelt energy to this Inquiry. I thank them for their different perspectives and the magnanimous way they have worked together to hear and understand all of the evidence. It is overwhelming. Their constructive dedication throughout the process, even from very different and sometimes opposed perspectives, demonstrates their genuine commitment to this bipartisan challenge and the best aspects of the parliamentary inquiry process. More important than any of us, are the women and children who walk among us and are barely surviving the domestic terrorism of coercive control every day. It is no exaggeration, it is a silent, hidden and deathly pandemic. Like a canary in a coal mine, the statistics are our warning that we have an opportunity to act. Those advocates who have worked indefatigably for decades, those who were concerned enough to boldly disagree and those who have quietly persisted despite the complexity, brought uncensored depth to the evidence we received. We are grateful. Most importantly of all, are the eyes of children growing up in and out of homes where domestic abuse hangs as a silent, terrifying and deadly ticking bomb. They deserve better. This is a complex, difficult problem. No legislator has an easy task trying to adapt black letter law to the inconsistent complexity of real life. To be absolutely clear, we do not want to impose in otherwise loving, respectful, consensual relationships or the lives of families who have a normal healthy and occasional consensual disagreement. To assert so, is mere scaremongering. We also know that criminalising coercive control will not immediately end all domestic abuse. Nor will it result in thousands of arrests and convictions. But in my modest submission, these should not be the measures of success. We will never know of the murders that did not occur, as a result of prevention. But lives just might be saved, if we take the small but significant step of recognising that certain patterns of non-consensual behaviour must be seen together, because very often they iv Coercive control in domestic relationships are actually a system of entrapment and a siren warning of the potential for preventable and recognisable death by murder. Our strongly held unanimous Committee view is that implementation of a change to the lens through which we view domestic abuse, by legislating to criminally recognise coercive control as other jurisdictions do, is needed in this term of Parliament, but could only be undertaken with an extensive implementation process, which includes consultation, education, resources and lead-time, if it is to succeed. I sincerely thank all stakeholders for the enormous privilege of leading this inquiry, particularly the diligent and ever supportive staff – Clara Hawker, Dora Oravecz, Sally Kirk, Abegail Turingan, Ilana Chaffey, and Derya Sekmen, whose professionalism, diligence and commitment raises us all. I commend the report to the Parliament and thank it for the privilege of our opportunity for service. The Hon Natalie Ward MLC Chair v Coercive control in domestic relationships Summary "Women who are victims of family violence experience terror."1 "If there was a medical condition that posed as much risk, the status quo would not be to accept it."2 Coercive control is a form of domestic abuse. Perpetrators aim to take away their partner's autonomy and freedom. They do this by using a gradual escalation of tactics like isolating their partner from their family and friends, humiliating them and
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