Coercive control is a new criminal offence, added into the Crimes Act 1900 in July 2024. Coercive control means one partner (current or former) manipulating, threatening or coercing the other, in order to control them. Coercive control is a type of domestic abuse, so the purpose of the law is to stop this type of abusive behaviour in intimate relationships.
To be found guilty of coercive control, the following four ‘elements’ of the offence must be proven:
- You must have engaged in behaviours that are abusive and repeated over time, in a ‘course of conduct’, and
- Those abusive, repeated behaviours are directed towards your current or former intimate partner, and
- You intend those behaviours to control or coerce your current or former partner, and
- A reasonable person would consider those behaviours, when added together, to cause either:
- Fear of violence, or
- A serious, negative impact on the capacity for that person to engage in their ordinary day-to-day activities.
Only adults aged 18 and above can be found guilty of coercive control.
What does ‘intimate partner’ mean?
The law says that an ‘intimate partner’ is anyone to/with whom you have been:
- Married, or
- In a de facto partnership, or
- In an intimate personal relationship, whether or not that relationship is sexual.
What does ‘abusive behaviour’ mean?
‘Abusive behaviour’ for the purposes of the offence of coercive control is broadly defined and consists of two main categories:
- Behaviour that involves violence, threats or intimidation towards your current or former partner; and
- Behaviour that involves coercion or control of your current or former partner.
Some examples of abusive behaviour include:
- When you demand that your current or former partner does something, and that if they do not do it, you will cause harm to that person, a child or any other person
- Harming, hurting, killing or threatening to harm, hurt or kill an animal to control your current or former partner
- Any behaviour that is economically or financially abusive to your current or former partner (for example, controlling their money, not letting them access their money, spending their money without permission etc)
- Shaming, degrading, or humiliating them
- Tracking or monitoring their movements, activities or who they are communicating with
- Destroying or damaging their property (including property which you jointly own with them)
- Stopping them from connecting with or communicating with other people, or isolating them
- Stopping them from participating in or expressing their culture, religion or spirituality
- Making unreasonable demands about how they exercise their personal, social, or sexual autonomy, and threatening them if they do not comply
- Denying them basic necessities such as food, clothing, sleep or access to medical care or other professional support
- Forcing them undergo medical procedures or take medication
What does ‘course of conduct’ mean?
A ‘course of conduct’ is a pattern of abusive behaviour that is ongoing, over time.
Defence:
You can raise a defence to a charge of coercive control by arguing that your course of conduct was reasonable in all of the circumstances. If you raise such an argument, the prosecution must prove beyond reasonable doubt that that course of conduct was not reasonable in all of the circumstances.
This article contains general information only and you should obtain professional advice relevant to your circumstances. If you or someone you know wants more information or needs help or advice, please contact us on 02 9159 9024 or email [email protected].