Coercive control, stealthing & domestic violence laws in Qld explained
Proposed new laws in Queensland around domestic violence have been hailed – but what do they mean and how would they work? ALL YOUR QUESTIONS ANSWERED
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Minister for Women Shannon Fentiman labelled it a “historic day in Queensland” – but what do proposed new domestic violence laws mean for the state?
Under the recommendation from the Women’s Safety and Justice Taskforce in 2022, new laws would make coercive control a stand-alone criminal offence.
Stealthing would also be illegal.
So what do they mean and how would the laws work?
All your key questions answered >>>
WHAT ARE THE PROPOSED NEW LAWS?
Under the proposal from the Women’s Safety and Justice Taskforce in 2022, coercive control would become a stand-alone criminal offence in Queensland.
The proposed offence would have a maximum penalty of 14 years in jail.
The Queensland government said the new legislation will cover conduct in which an adult in a domestic relationship:
■ Engages in behaviour that involves domestic violence on more than one occasion,
■ They intend the course of conduct to coerce or control the other person, and
■ It is reasonably likely to cause the other person harm.
That harm could be “physical, emotional, financial, psychological or mental, whether its temporary or permanent”.
The legislation would also make it an offence for someone to commit domestic abuse on behalf of a perpetrator.
WHAT IS COERCIVE CONTROL?
Coercive control is described as a pattern of behaviour that can include emotional, mental and financial abuse, isolation, intimidation, sexual coercion and cyberstalking.
WHAT IS THE PROPOSED NEW STEALTHING LAW?
Removing a condom during sex without consent will be considered rape and attract a maximum penalty of life in prison under the proposed laws.
Minister for Women Shannon Fentiman said the laws could change Queensland.
“Failing to use or interfering with a condom strikes at the heart of a person’s right to bodily autonomy and their right to choose whether and how they participate in a sexual activity,” she said.
Di Macleod, the director of Gold Coast Centre Against Sexual Violence, said she supported the move to consider stealthing as rape.
“I welcome the state government’s introduction of these laws to better reflect the reality of sexual violence and to increase victim-survivors’ access to justice,” she said.
Stealthing is illegal in Tasmania, New South Wales, Victoria, South Australia and the ACT.
WHY WOULD THE NEW COERCIVE CONTROL LAW BE NEEDED?
The proposed new law is a recommendation by the Women’s Safety and Justice Taskforce to “address what victims have told the taskforce about their distress at being subjected to abuse, not only by their perpetrator but also by the family and friends of the perpetrator and others hired to locate and monitor them”.
There will also be community education campaigns and training on coercive control, while the proposed laws are set to establish a court-based perpetrator diversion scheme.
The legislation also proposes an affirmative consent model, similar to New South Wales and Victoria.
HOW CAN I IDENTIFY COERCIVE CONTROL?
Under the proposal the new legislation would cover conduct in which an adult in a domestic relationship:
■ Engages in behaviour that involves domestic violence on more than one occasion;
■ They intend the course of conduct to coerce or control the other person;
■ It is reasonably likely to cause the other person harm.
That harm could be “physical, emotional, financial, psychological or mental, whether its temporary or permanent”.
The legislation would also make it an offence for someone to commit domestic abuse on behalf of a perpetrator.
HOW COULD THE NEW LAWS HELP ME?
The aim of the proposed new laws would be to kerb Queensland’s domestic violence scourge.
In August 2023 it was reported Queensland recorded almost 500 domestic violence incidents a day, as shocking new figures revealed an increase of more than 40 per cent since the murders of Hannah Clarke and her children.
Police Commissioner Katarina Carroll said she was shocked by the “awful statistics”, which she had never seen the equivalent of in her lengthy career.
The state recorded a horrific 171,750 domestic violence incidents in the 2022-23 financial year – or about 470.5 a day – compared with 138,928 in 2020-21 and 90,000 for 2017-18.
Sue Clarke, the mother of Hannah Clarke and a co-founder the Small Steps 4 Hannah Foundation, urged anyone who sees their friends or loved ones experiencing coercive control to give them unconditional support.
“It often takes many attempts to leave, and they need to know that their networks will be there for them when they make that break,” she said.
“Most of all, they need to know that when they do make a move that the law will be there to back them up.”
As revealed in October 2023 one-off assistance payments for victims of domestic and family violence will increase nine-fold under law changes to be introduced in parliament.
Premier Annastacia Palaszczuk confirmed special assistance payments for domestic and family violence victims will increase from $1000 to $9000.
WHAT DID THE FAMILY OF HANNAH CLARKE SAY?
Lloyd Clarke, the father of Hannah Clarke, who was murdered along with her three children by her estranged husband in 2020, said coercive control was an “insidious” form of abuse, that was “totally different from the physical side”.
“We’ve seen it first hand, and I’m so glad that the present government have listened to our stories and our advocacy,” he said.
“ … Here in Queensland, we now need to look at the educational side of it — let’s get into the schools, let’s get the police and judicial system up to speed with what coercive control is.”
In a statement, Attorney-General Yvette D’Ath paid tribute to the advocacy of Sue and Lloyd Clarke.
“We will never forget Hannah, Aaliyah, Laianah and Trey,” Ms D’Ath said.
“Increasing community awareness and legislating against coercive control will be Hannah’s and her children’s legacy.”
WHAT HAS BEEN THE REACTION?
The proposed new laws has been hailed as long overdue.
Lawyer and domestic and family violence prevention advocate Angela Lynch said they are “a result of 30 to 40 years of advocacy by victim-survivors”.
“We’re on the cusp of transformative change in relation to sexual violence. We have to increase accountability in our community,” she said.
Beyond DV Founder and Managing Director, Carolyn Robinson, said most of the women that seek help at her charity have experienced some form of coercive control in a relationship.
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