What is coercive control?
Coercive control is a form of domestic abuse which refers to repeated patterns of behaviour intended to hurt, scare, intimidate, isolate, threaten or control a current or former partner.
Is coercive control a criminal offence in NSW?
Coercive control is a criminal offence in NSW under section 54D of the Crimes Act 1900. The new laws came into effect on July 1, 2024. Under the new laws, coercive control is regarded as domestic abuse which occurs when an adult engages in a pattern of abusive behaviour that is intended to coerce, control, intimidate or cause fear in a partner.
What types of behaviour are covered under this offence?
Coercive control can include both physical and non-physical behaviours but it must be more than a single act. The criminal offence only captures repeated patterns of physical or non-physical domestic abuse used to repeatedly hurt, scare, intimidate, isolate, threaten, or control someone.
The definition can encompass a wide range of behaviours including physical abuse, psychological abuse, economic abuse, or sexual abuse.
For more information about coercive control, click here.
www.nsw.gov.au/family-and-relationships/coercive-control
What do I do if I am in immediate danger due to coercive control?
If you are in immediate danger, call 000 and ask for police.
What help is available if I am a victim of coercive control?
As a first point of call, the NSW Government website has range of useful information and support services available for those experiencing coercive control. Click here for further details.
www.nsw.gov.au/family-and-relationships/coercive-control/get-help
Does coercive control only apply to intimate relationships?
The new laws only make it an offence if coercive control is used towards a current or former intimate partner. The new laws do not currently extend to non-intimate relationships. That means, the current laws do not apply to family members, co-residents or people who provide care. However, the NSW Government will review the legislation from 2026 including to consider whether it should be expanded to criminalise coercive control in other types of relationships.
What date do the new coercive control law apply from?
The new laws only apply from July 1, 2024. You cannot be charged with coercive control for any behaviour that occurred before 1 July 2024.
What must the prosecution prove for you to be found guilty of coercive control?
To be found guilty of coercive control, the prosecution must prove beyond reasonable doubt that:
- You were at least 18 years of age
- You engaged in a course of conduct against another person (‘the complainant’)
- The course of conduct consisted of abusive behaviour against the complainant
- You and the complainant were, or are, intimate partners
- You intended to coerce or control the complainant by that course of conduct
- A reasonable person would consider that your course of conduct would be likely, in all the circumstances, to have caused any or all of the following:
- Fear that violence would be used against the complainant or another person, or
- A serious adverse impact on the capacity of the complainant to engage in some or all of their ordinary day-to-day activities.
The prosecution does not have to prove that the course of conduct did actually cause fear or a serious adverse impact in the complainant. The prosecution need only prove that the course of conduct would cause fear or a serious adverse impact on a ‘reasonable person’.
Under the new coercive control laws, what does course of conduct mean?
Under the new laws, course of conduct refers to repeated or continuous behaviour. The behaviour does not have to be an unbroken serious of incidents or consecutive interrupted acts.
What constitutes abusive behaviour under the new coercive control laws?
The new legislation defines abusive behaviour as:
- Violence, threats, or intimidation towards a person, or
- Coercion or control over the person.
The legislation provides a non-exhaustive list of behaviours that may be considered abusive. These include:
- Physical harm
- Economic or financial abuse
- Humiliation, degradation, or shame
- Harassment, monitoring, or tracking of a person’s activities, communications or movements through physical means, technology or otherwise
- Damage or destruction of property
- Preventing the person from connecting with family, friends or culture
- Depriving or unreasonably controlling a person’s freedom and daily activities
- Harming an animal, or using an animal to threaten a person
- Harming a child if the person does not comply with demands
What legal defence can I use if I am charged with coercive control?
Under section 54E of the Act, it is a legal defence if the conduct was reasonable in all the circumstances. If this defence is raised, it does not shift the onus of proof. The onus of proof remains on the prosecution to every element of the offence beyond reasonable doubt.
What are the penalties if I am found guilty of coercive control?
The maximum penalty for a person found guilty of coercive control in NSW is seven years imprisonment. However, several factors may influence the severity of the penalty imposed, including the length and severity of the course of conduct and specific circumstances of the case.
What happens if I have been wrongly accused of coercive control?
Due to new coercive control laws and the severity of their penalties, it is important to get prudent legal advice to discuss the best way forward.
I have been accused or charged with coercive control? What can I do?
Being charged with or accused of coercive control can have a devastating impact on your life and future. If found guilty you could face seven years in jail and handed a criminal record that can adversely impact many aspects of your life.
If you have been accused of or charged with committing a coercive control offence you need to ascertain the strength of the evidence or case against you. Due to the serious nature of these charges and the complexities involved, an assessment by an experienced lawyer is essential.
We are here to help
Fourtree Lawyers have extensive experience assisting clients with matters related to coercive control and domestic abuse.
Our lawyers can explain and guide you through the entire court process and work with you to minimise the legal ramifications of your offence.
Instructing a lawyer to act on your behalf will ensure you fully understand your position and your options. It will assist you in getting the best possible results for your case.
Phone us on 1300 529 444 as soon as possible. The earlier we can start building a strong case for you, the higher your chance of getting a good outcome.
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