Victims often report that the psychological aspects of the abuse they endure are the most damaging.5F6 Coercive control is often present in the relationships the victim experiences. 6 Heather Douglas “Alternative Constructions of an Offense of Domestic Violence” in Marilyn McMahon and Paul McGorrery (eds) The Criminalization of Coercive Control: Domestic Violence and the Criminal Law (Springer Singapore, Singapore at 253-254. It presents a theory of abuse gender in the family is supported by the term 'coercive control'.
The extent of the impact on the victim will depend on the nature and degree of coercive control and will vary greatly between intimate relationships. There are a host of potential challenges to the successful implementation of an offense criminalizing coercive control. Stark advocates a more transformative approach, which requires an understanding of the nuances of coercive control to be extended to all layers of.
45 Jane Wangmann "Coercive Control as the Context for Intimate Partner Violence: The Challenge for the Legal System" in Marilyn McMahon and Paul McGorrery (eds) Criminalizing Coercive Control: Family Violence and the Criminal Law (Springer Singapore, Singapore at 230. The current lack of understanding of the intricacies of coercive control underpins many of the barriers to successful criminalization discussed below. Unlike other domestic violence crimes, prosecution of a crime of coercive control requires background information about a relationship to be permissible.
A coercive control violation should mitigate the risks I've outlined by shifting the focus to the abuser's behavior, rather than the victim's response. 94 Julia Quilter “Evaluating Criminalization as a Strategy in Relation to Non-Physical Family Violence” in Marilyn McMahon and Paul McGorrery (eds) Criminalizing Coercive Control: Family Violence and the Criminal Law (Springer Singapore, Singapore at 127. 117 Marsha Scott “The Making of the New 'Gold Standard': The Domestic Abuse (Scotland) Act 2018” in Marilyn McMahon and Paul McGorrery (eds) Criminalizing Coercive Control: Family Violence and the Criminal Law (Springer Singapore, Singapore at 178.
Abusive behaviour towards a partner or ex-partner (1) A person commits an offence if—
This was unprecedented in domestic abuse law, as was the incorporation of a recklessness standard.137F138. Therefore, DASA focuses on the behavior of the alleged perpetrator rather than the impact on the victim, which should reduce the risk of minimization. The language of this subsection reflects victims' wishes that there be explicit references to restrictions on their autonomy,146F147 seen in paragraphs (c) and (d), which mention "control, regulation, or monitoring of...day-to-day activities " , and respectively "restriction of ... freedom of action".147F148 As Michael Matheson, former Minister of Justice, said at the end of the final debate on the bill, "the very heart of this legislation is the voices of the women who have experienced violence in home.” 148F149.
It represents a movement for the empowerment of victims of domestic violence; those whose entire individuality was undermined by such an insidious crime. DASA offers the potential to alleviate some of the concerns that scholars have raised that it introduces the crime of coercive surveillance. It is important to note that the adoption of DASA was accompanied by extensive specific training for police and justice officials on the new offense and on domestic abuse itself.157F158 This is crucial as the complex and individualized analysis required by the offense will require a broad and thorough understanding coercive control tactics in all areas.
DASA's language is deliberately broad to avoid prescribing what 'abusive behaviour' should look like, as this is so variable. Nevertheless, the Scottish offense represents a strong step towards empowering those who are or have been victims of domestic abuse. With New Zealand ranking as having the highest rates of domestic abuse in the Western world, the status quo is in drastic need of reform and must be challenged.
Indeed, the prevalence of domestic abuse in New Zealand is expected to increase by 35% by 2025.168F169 Several lessons can be learned from the Scottish approach so far, including drawing on the expertise of victim-survivors as well as advocates. I have argued that The Domestic Abuse (Scotland) Act 2018 represents a significant shift in the legislative response to IPV. It is able to capture a wide range of behaviors and impacts that IPV can cause, reflecting the lived experiences of victim-survivors of domestic violence.
Scottish Government “Equally Safe: Penal Code Reform to Tackle Domestic Violence and Sex Offenses” (June 2015). Marsha Scott “The Making of the New 'Gold Standard': The Domestic Abuse (Scotland) Act 2018” in Marilyn McMahon and Paul McGorrery (eds) Criminalizing Coercive Control: Family Violence and the Criminal Law (Springer Singapore, Singapore, 2020) 177 Blair Ensor , Edward Gay and Andy Fyers “The Homicide Report: 2019 the worst year for intimate partner homicide in a decade” (April 2, 2020) Stuff.
Jeremy Armstrong "Violent boyfriend cleared after judge says partner 'too strong' to be victim" (22 November 2018) The Mirror
