Writing Law Reform on Coercive Control: Multi-disciplinary Perspectives
Tracks
Ballroom Two
| Thursday, December 2, 2021 |
| 11:14 AM - 11:34 AM |
Overview
Ms Zoe Rathus, Dr Judy Rose, Dr Toni McCallumGriffith University Law School
Speaker
Dr Toni McCallum
Lecturer
Charles Darwin University
Writing Law Reform on Coercive Control: Multi-disciplinary Perspectives
Abstract
Please see Zoe
Biography
Dr Toni McCallum is a sociologist and anthropologist working in the sociology of education, masculinities and use of story and creative writing in research. She is a lecturer in early childhood education in the School of Indigenous Futures, Arts and Education at Charles Darwin University and also lectures in research approaches with trainee teachers at Griffith University in Brisbane. As the Pricipal Researcher at the National Collective of Independent Women’s Refuges in Aotearoa/New Zealand she looked at the effects of family violence on children, writing the research report 'Treasure the Child'. As a survivor of a coercive controlling relationship herself she uses her lived experience and story to inform her research and writing on the subject. Email: Toni.McCallum@cdu.edu.au
Ms Zoe Rathus
Senior Lecturer
Griffith University Law School
Writing Law Reform on Coercive Control: Multi-disciplinary Perspectives
Abstract
In March 2021 the Queensland Government announced the establishment of the Women’s Safety and Justice Taskforce specifically to ‘consider options for legislating against coercive control and the creation of a standalone domestic violence offence’. This occurred one year after, and partly in response to, the tragic killing of Hannah Clarke and her three children - Aaliyah, Laianah and Trey – by her coercively controlling husband. While Hannah’s case attracted considerable media attention, it is just one of many involving coercive control that end in death. This presentation outlines key issues we chose to address in our submission to the Taskforce. The Taskforce Discussion Paper covered a broad range of topics and our submission incorporates interdisciplinary perspectives of anthropology, sociology, social work and law.
The question of whether or not to criminalise coercive control has been controversial. Our legal analysis was placed in the context of our wide understanding of coercive control and knowledge of existing responses. We did not recommend a new stand-alone offence of coercive control, concerned about over-criminalisation, the difficulties of gathering appropriate evidence and the risks of misidentifying victims as perpetrators. However, we did propose the development of a definition, and possible use of other existing laws. We also examined the need for changes to the self-defence laws so that they operate more effectively for women who ultimately commit violence against their abuser to protect themselves, or their children, in response to lived experience of coercive control.
Whatever happens with the law, we promoted the importance of a nuanced education campaign to unpack the complex behaviours associated with coercive control and suggest targeted training for professionals in law, and child and adult services, to better recognise coercive control and offer appropriate support.
The question of whether or not to criminalise coercive control has been controversial. Our legal analysis was placed in the context of our wide understanding of coercive control and knowledge of existing responses. We did not recommend a new stand-alone offence of coercive control, concerned about over-criminalisation, the difficulties of gathering appropriate evidence and the risks of misidentifying victims as perpetrators. However, we did propose the development of a definition, and possible use of other existing laws. We also examined the need for changes to the self-defence laws so that they operate more effectively for women who ultimately commit violence against their abuser to protect themselves, or their children, in response to lived experience of coercive control.
Whatever happens with the law, we promoted the importance of a nuanced education campaign to unpack the complex behaviours associated with coercive control and suggest targeted training for professionals in law, and child and adult services, to better recognise coercive control and offer appropriate support.
Biography
Zoe Rathus AM is a senior lecturer at the Griffith University Law School. She has published and presented widely on women and the law, particularly the impact of family violence on women and children. Zoe worked in private practice and at the Women’s Legal Service before entering academia in 2005and has been n advocate for legal system reform for nearly 40 years. She is the Chairperson of the Immigrant Women’s Support Service and a member of the Queensland Law Society Domestic Violence Committee. In 2011 she received an Order of Australia for her services in the law.
Dr Judy Rose
Lecturer
Griffith University
Writing Law Reform on Coercive Control: Multi-disciplinary Perspectives
Abstract
Please see Zoe
Biography
Dr Judy Rose has a PhD in Social Science (Sociology) and currently works as a lecturer at Griffith University. Judy's current research interest is in domestic violence and coercive control with a paper 'Domestic violence, coercive control and mental health in a pandemic' published in 2021 in Health Sociology Review. In June 2021, Judy and colleagues contributed a 'Submission to women’s safety and justice taskforce options for legislating against coercive control and the creation of a standalone domestic violence offence'.
