One woman dies every four days in a domestic and family violence situation in Australia and of the 112 women who were killed by an intimate partner between 10 March 2008 and 30 June 2016 in NSW, 111 were victims of coercive control.
That means 99 per cent of DV homicides (a person being killed by an intimate or former intimate partner) occurred where ‘the relationship was characterised by the abuser’s use of coercive and controlling behaviours towards the victim’ according to the Coercive Control Discussion Paper in 2020.
These were the stark facts that were delivered at the recent forums held in Kingscliff, Lennox Head, and Mullumbimby that were set up to help people understand the new coercive control laws that came into effect on 1 July, 2024.
Former magistrate David Heilpern and local comedian and federal Greens candidate Mandy Nolan ran the forums. Sergeant Lance Stebbing from the Tweed Byron Police and Ambyr Johnston, manager of the Staying Home Leaving Violence at the Mullumbimby and District Neighbourhood Centre attended some of the sessions.
Coercive control is a pattern of controlling and manipulative behaviours within a relationship, which can include financial control, restricting personal choices, monitoring and stalking, isolation, and physical violence. This can also include things like intimidation, fear for a person’s welfare, threats of removing children or bringing in social services.
‘The new coercive control laws set up a framework that criminalises something that we’ve all known is wrong and is a precursor to physical violence,’ explained Mr Heilpern.
‘This is a law that tries to intervene so that less women and children die,’ said Ms Nolan.
Police have acknowledged that there are significant hurdles to proving that coercive control is taking place, said Mr Heilpern, however, ‘this puts it on the agenda’.
‘From a legal perspective, emails, texts, and comments on social media are ways to prove coercive control,’ Mr Heilpern explained. ‘But in the absence of that it is very difficult to prove.’
These laws are not retrospective and evidence from before 1 July cannot be used.
Safety
A key point of discussion was the importance of a safe place for women and children to go to escape violence and coercive control. However Mr Heilpern highlighted that while police actively pursue drug dealers and other criminals they don’t actively investigate scenarios where there is known domestic violence.
‘As a magistrate I approved tens-of-thousands of listening devices, but not once was I asked to approve one in a case of DV. I have been driven around towns by local police who can point out exactly in which houses the DV is taking place. Yet there is less chance of an investigation taking place in a DV situation than if a neighbour reports there is a possible cannabis crop next door.’
DV resources and support
Mullumbimby and District Neighbourhood Centre Women’s Resource Services 6684 4299, email: [email protected]
Women’s DV Court Advocacy Support 1300 888 529, www.legalaid.nsw.gov.au
NSW Sexual Assault Hotline 1800 424 017 (free call) www.nswrapecrisis.com.au
Lifeline 13 11 14, www.lifeline.org.au
Momentum Collective 1300 900 091, www.mymomentum.org.au
Domestic Violence Hotline NSW 1800 656 463 (free call), www.familyrelationships.gov.au
1800RESPECT, 1800 737 732 (free call) www.1800respect.org.au
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