As a first-hand witness to the traumatic impacts of domestic violence, a Wagga crisis and support worker is urging the government to consider the suggestion to criminalise coercive control carefully.
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Domestic violence victim-survivors, frontline services, legal experts, law enforcement, academics and the community will soon have the opportunity to share their views on whether to criminalise coercive control in NSW.
The government is moving this week to establish a Parliamentary Joint Select Committee that will hold a public inquiry to examine coercive control in detail announced Attorney General and Minister for the Prevention of Domestic Violence Mark Speakman.
Julie Mecham, a crisis and support worker at the Wagga Women's Health Centre, said she was supportive of any measures that aimed to tackle the issue.
However, she added, it was crucial to acknowledge how tough it was to prove elements of coercive control.
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This a form of domestic abuse involving repeated patterns of abusive behaviour - which can include physical, sexual, psychological, emotional or financial abuse - the cumulative effect of which is to rob victim-survivors of their autonomy and independence.
Ms Mecham said the burden of proof rests with the victim-survivors.
"Things like manipulation, isolating someone, harassing someone - these actions are currently covered under basic AVO orders and are are incredibly difficult for police to prove," she said.
"So the women are saying he's doing that but how are they going to gather sufficient evidence?
"i welcome anything that will potentially reduce the homicide risk, but it has to be something that can be enforced and prosecuted against otherwise it becomes redundant."
Mr Speakman said the horrific rate of domestic violence murders in Australia remains stubbornly consistent and coercive and controlling behaviour is a common precursor to intimate partner homicide.
"Creating a coercive control offence would be a complex though potentially very worthwhile reform that could help prevent these homicides," he said.
"Thorough research, consultation and careful consideration are crucial to avoid risks such as misidentifying victims as offenders or capturing behaviour that ought not to be criminalised."
Mr Speakman said the impact of this abuse is abhorrent, but the appropriate response to this behaviour remains an ongoing challenge for law enforcement and legal minds.
He added that adapting from an incident-based model of investigation and prosecution to that of a course of conduct would be a significant change to the way our justice system broadly operates.
"A new offence may not be the best, or only, way to improve our response to non-physical forms of domestic abuse," Mr Speakman said.
If you or someone you know is experiencing domestic violence contact 1800 Respect (24/7) 1800 737 732 or Rape and Domestic Violence Service Australia (24/7) 1800 424 017. If you or someone you know is in immediate danger call Triple-Zero.