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Would society benefit from creating a stand-alone offence against coercive…
Would society benefit from creating a stand-alone offence against coercive control?
Other jurisdictions have already introduced coercive control
England and Wales - Serious Crime Act 2015 (E&W)
Tasmania - Family Violence Act 2004 (Tas)
Ireland - Domestic Violence Act 2018 (Ireland)
Scotland - Domestic Abuse (Scotland) Act 2018
FOR
Could Potentially minimise the repetitive behaviour.
Could improve the right to life and protection.
Could reduce ambiguity within the scope of coercive control.
AGAINST
Marilyn McMahon and Paul McGorrery, "Criminalising Controlling And Coercive Behaviour" (2016) 41(2) Alternative Law Journal.
May increase the criminalisation
May be impossible to implement into society
The concern of it being ‘carceral feminism’
Concerns on mistaken charging of the victims
Women’s Safety and Justice Taskforce, options for legislating against coercive control and the creation of a standalone domestic violence offence (discussion paper 1, 2021)
Would need to increase police training.
Improvements on more community engagement programs.
Women’s Safety and Justice Taskforce, options for legislating against coercive control and the creation of a standalone domestic violence offence (discussion paper 1, 2021)