Today, Queensland approved legislation outlawing coercive control and recognising stealthing as rape. The new law will see a maximum jail penalty of 14 years. However, it will not be recognised as a criminal offence until 2025.
So why has this new law passed? What changes can we expect to see? Let’s take a closer look.
What is coercive control?
According to the Australian Institute of Health and Welfare, coercive control is a pattern of behaviours that include isolation, insults, and manipulation. The perpetrator deprives the coerced of their liberty, independence, and agency.
This behaviour can be seen in family and domestic violence cases and is most common between intimate partners.
While each victim’s experience is different, Commissioner for Victims of Crime, Kati Kraszlan said there are similarities between each case.
“What is consistent is that people exercising coercive control cause their victims significant pain, fear and trauma,” she said.
Why has Queensland passed a legislation?
The coercive control law has passed following the murder of Queenslander Hannah Clarke and her three children in 2020. They were burned in a petrol fire in her care by her estranged husband, Rowan Baxter.
Sue and Lloyd Clarke are the parents of Hannah and advocated to criminalise coercive behaviour after their daughter and grandchildren were killed.
“Hannah didn’t know she was in an abusive relationship because she wasn’t being physically harmed — now coercive control has been outlawed in Queensland, potentially saving the lives of many women and children,” Lloyd said.
Queensland Minister for women, Shannon Fentiman recognised in parliament on Wednesday, the many survivors that contributed to the bill.
“For too long victims have been let down by a system that does not understand or acknowledge the pain inflicted upon them by perpetrators,” she said.
Premier Steven Miles said the laws against this “insidious” form of “abuse” will “save lives”, making women in Queensland safer.
Will other states follow suit?
Queensland becomes the second state to criminalise coercive control and stealthing, following NSW where the Crimes Legislation Amendment Act passed in 2022.
In 2004, the Family Violence Act which includes intimidation, verbal abuse and coercion, passed in Tasmania.
Queensland has recognised stealthing (the removal of a condom without consent), which can be considered a form of coercive control, as rape in the new law. Resulting in a lifetime in prison.
States such as Victoria consider coercive control to fall under committing family and domestic violence.
Photo: Parliament House, Brisbane, Queensland with Christmas tree in 2019 is available HERE and is used under a Creative Commons Licence. This image has not been modified.
