‘Insidious abuse’: Qld to have toughest coercive control laws in the country

Abusers who coercively control their partner face up to 14 years in prison under Queensland’s landmark nation-leading laws, with proposed changes to also target consent and “stealthing”.

Abusers who coercively control their partner face up to 14 years in prison under Queensland’s landmark nation-leading laws, with proposed changes to also punish those that tamper with condoms or don’t get enthusiastic go-ahead for sex.

New laws introduced in state parliament on Wednesday will make coercive control a stand-alone offence in Queensland, in line with major recommendations from the Women’s Safety and Justice Taskforce.

The landmark laws were heralded by the families of Allison Baden-Clay and Hannah Clarke — both women who were murdered by their abusive partners.

Ms Clarke’s parents Sue and Lloyd said coercive control was an “insidious sort of abuse” and it was incumbent on loved ones to be aware of the “red flags” of that offending.

■ Explained: Qld’s new coercive control, stealthing & domestic violence laws

Geoff and Priscilla Dickie, parents of murdered woman Allison Baden Clay (right) with Sue and Lloyd Clarke, parents of murdered woman Hannah Clarke after the passing of a coercive control legislation. Picture: Dan Peled / NCA NewsWire

“It’s very subtle. When (Hannah) first started going out with him, he got her to shut her Facebook page down … she couldn’t walk up the beach in bikinis and slowly over time, more and more things come,” Mrs Clarke said.

“One thing on its own can be explained away, but once you start to look at these other things and put them together, is when it becomes a pattern of behaviour and it becomes a lot more obvious.”

Vanessa Fowler said the language around coercive control didn’t exist when her sister Allison Baden-Clay was murdered 11 years ago.

Hannah Clarke with her son Trey.

Allison Baden- Clay was murdered by her husband.

“We didn’t see any broken bones … all of it was insidious, and it was happening behind closed doors,” she said.

The new laws put forward by Acting Attorney-General Shannon Fentiman include three major changes;

– The creation of coercive control as a stand-alone criminal offence

– Making “stealthing” a crime

– Putting in place “affirmative consent” as the new framework in law.

Coercive control is a pattern of behaviour which includes emotional, mental and financial abuse, isolation, intimidation, sexual coercion or cyberstalking.

An adult in a domestic relationship can be punished for coercive control if they are found to engage in domestic violence behaviour more than once, intend to coerce or control a person through that conduct and is reasonably likely to cause them harm.

The maximum penalty in Queensland will be 14 years--- double what is in place in Victoria.

Ms Fentiman said the size of the penalty signalled coercive control was an “extremely serious crime”.

“Let’s not forget that coercive control is the biggest predicting factor in intimate partner homicide,” she said.

Queensland Acting Attorney-General Shannon Fentiman watched by with Sue and Lloyd Clarke, parents of murdered woman Hannah Clarke, after the passing of a coercive control legislation. Picture: Dan Peled / NCA NewsWire

“This is really serious criminal behaviour, and therefore the penalty reflects that.”

Coercive control laws, when passed, won’t be operational until at least January 2025. The rest of law changes will come into effect when they are passed and assented as usual.

Ms Fentiman said, as outlined by the Women’s Safety and Justice Taskforce, a significant amount of training of first responders and the community, including in schools, needed to be carried out so coercive control was understood.

Affirmative consent means a person must do or say something to declare they agree to having sex, so the absence of physical or verbal resistance does not equal consent.

Consent can be withdrawn at any time.

Queensland Acting Attorney-General Shannon Fentiman hugs Sue Clarke, mother of murdered woman Hannah Clarke as Priscilla Dickie, mother of murdered woman Allison Baden Clay wipes a tear, after the passing of a coercive control legislation. Picture: Dan Peled / NCA NewsWire

Under the changes a person cannot have consented to sex if they are so intoxicated by alcohol or other drug they are incapable of agreeing or if they are unconscious or asleep among a long-list of circumstances.

Stealthing is the act of removing or tampering with a condom without the other person’s consent during sex.

As part of the changes consent is absent if stealthing has occurred.

Anyone who helps someone else commit domestic violence, or is found to help a perpetrator is liable to be hit with a prison sentence of up to three years or five years if they benefited from doing so.