Taking controlling and coercive behaviour seriously: Criminalising domestic violence in NSW

Abstract

This article argues that New South Wales (NSW) needs a domestic violence offence to criminally sanction controlling and coercive behaviour in relationships, and communicate that the harm particular to domestic violence deserves special recognition by the criminal law. It examines formulations of domestic abuse offences in domestic and international jurisdictions and suggests the merits of moving away from offences that focus on physical harm and subjective intention. Finally, a new domestic violence offence is proposed that is modelled on the UK's controlling or coercive behaviour offence, but more precisely defines ‘controlling’ and ‘coercive’ behaviours, and better accords with existing legislation.