Melbourne Law School - Research Publications

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    Reproductive coercion and abuse among pregnancy counselling clients in Australia: trends and directions
    Sheeran, N ; Vallury, K ; Sharman, LS ; Corbin, B ; Douglas, H ; Bernardino, B ; Hach, M ; Coombe, L ; Keramidopoulos, S ; Torres-Quiazon, R ; Tarzia, L (BMC, 2022-07-30)
    BACKGROUND: Reproductive coercion and abuse (RCA) interferes with a person's reproductive autonomy and can be classified into behaviours that are pregnancy promoting or pregnancy preventing (including coerced abortion). However, prevalence data are lacking, and little is known about whether particular forms of RCA are more or less common. The aims of our study were to explore how frequently people seeking pregnancy counselling reported RCA, the proportions reporting the different forms of RCA, and whether there were different trends based on a range of demographic factors. METHODS: Data were collected from 5107 clients seeking counselling support for their pregnancy between January 2018 and December 2020 from two leading providers of pregnancy counselling and sexual and reproductive health services in Australia, Marie Stopes Australia and Children by Choice. Counsellors identified and recorded the presence of RCA and whether the behaviour was pregnancy promoting and/or pregnancy preventing. Demographic factors included age, and whether the person identified as being from a migrant or refugee community or as an Aboriginal and/or Torres Strait Islander person. RESULTS: RCA was identified in 15.4% of clients, with similar proportions disclosing RCA towards pregnancy (6%) and towards pregnancy prevention or abortion (7.5%), and 1.9% experiencing RCA towards pregnancy and abortion concurrently. There were no differences based on age or whether the person identified as being from a migrant or refugee background, though people who identified as Aboriginal and/or Torres Strait Islander experienced RCA that was significantly more likely to be pregnancy promoting. CONCLUSIONS: RCA is commonly disclosed by people seeking support in a pregnancy counselling context, and coercion and abuse is equally likely to be towards pregnancy promotion or pregnancy prevention/abortion. Given the prevalence and negative impacts of RCA, regardless of age and background, we recommend sensitive and culturally respectful enquiry around experiences of RCA be embedded in healthcare, health education, and health research.
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    The use of fire and threats to burn in the context of domestic and family violence and coercive control
    Douglas, H (Taylor and Francis Group, 2022-07-23)
    Fire can be harnessed by abusive partners or ex-partners in their efforts to maintain and regain control in an abusive relationship. Reports about the use of fire in the context of domestic and family violence are not uncommon in the media, with incidents of house fires, burning cars and using fire to kill or cause harm and threats to burn ex-partners and children being regularly reported. This article analyses 49 reported legal cases where the offender has been found guilty of a criminal offence when they used or threatened to use fire to cause harm in the context of domestic and family violence. It considers how fire is used in abusive relationships to exert control, and it examines the co-occurrence of mental health and drug misuse issues in the cases. The article concludes that fire departments are an important part of the domestic and family violence safety system. It also identifies that the use of fire as a tool of abuse in the context of domestic and family violence is under-examined in Australia and makes some suggestions for further research.
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    Reproductive Coercion and Legal Recognition: Views of Domestic Violence Support Workers and Lawyers
    Douglas, H ; Sheeran, N ; Tarzia, L (QUEENSLAND UNIV TECHNOLOGY, 2021)
    Reproductive coercion is increasingly recognised as a common part of women’s experiences of domestic violence. The term refers to behaviour that aims to compromise a woman’s control over her reproductive choices. It includes coercing a woman to become pregnant or to terminate a pregnancy and sabotaging contraception. There is no Australian research exploring how domestic violence support and legal services understand and respond to reproductive coercion when it is raised. Drawing on focus group discussions, this article questions the use of the terminology ‘reproductive coercion’ suggesting that ‘reproductive abuse’ may be more accessible. The article finds that the response to reproductive coercion in the legal context may be similar to sexual violence allegations, particularly regarding difficulties associated with reporting and with the victim being believed. This connection is worthy of further investigation. The article concludes that legislative change may improve the recognition of reproductive coercion.  
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    The role of loss of self-control in defences to homicide: a critical analysis of Anglo-Australian developments
    Douglas, H ; Reed, A (School of Law, 2021-09-16)
    The provocation defence has been the subject of legislative reform in England and Australia over the past 10 years. In England, it was abolished by section 56 of the Coroners and Justice Act 2009 and replaced with a partial defence of loss of control. In Australia, the provocation defence has been abolished in some states and significantly reformed in others. One of the key challenges for law reform has been how to ensure homicide defences are not overly restrictive for abused women who kill their abuser, while at the same time ensuring that homicide defences are not overly expansive for domestic abusers who ultimately kill their partner. With these challenges in mind, we critically examine the operation of the loss of control defence in England. There has been significant reform to the provocation defence across Australia, and, in this article, we also focus on the most recent reforms in Queensland and New South Wales. We conclude with some suggestions for further reform.
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    Proving non-fatal strangulation in family violence cases: A case study on the criminalisation of family violence
    Douglas, H ; Fitzgerald, R (SAGE PUBLICATIONS LTD, 2021-10)
    Non-fatal strangulation is recognised as a common form of coercive control in violent relationships. Overwhelmingly it is perpetrated by men against women. It is dangerous both because of the immediate and serious injuries it can cause, and the risk of future violence associated with it. A discrete offence of non-fatal strangulation has been introduced in many countries. Queensland, Australia introduced a discrete non-fatal strangulation offence in 2016. While the offence is charged often, around half the non-fatal strangulation charges laid by police do not proceed. We spoke to prosecution and defence lawyers to better understand the evidential obstacles to successful prosecution. We found that the prosecution of the offence faces challenges common to family violence offences more broadly, despite it being a discrete physical act. Specifically, we found that the willingness of the victim to testify and the perception of the victim's credibility were key to successful prosecution.
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    THE CRIMINALISATION OF A DANGEROUS FORM OF COERCIVE CONTROL: NON-FATAL STRANGULATION IN ENGLAND AND WALES AND AUSTRALIA
    Edwards, SSM ; Douglas, H (SWEET & MAXWELL, 2021-06)
    Strangulation, including asphyxiation, grabbing another by the neck and choking, is a significant feature of coercion and control, assault, rape and the killing of women. While it is a form of violence perpetrated against adults and children regardless of the relationship of the victim with the perpetrator, it is common in relationships where there is intimate partner violence. Recently, the risks associated with non-fatal strangulation and its association with coercive and controlling behaviour have begun to be researched. This article contributes to the understanding of this form of violence and the role of the criminal law in responding to it. It examines research on the nature and prevalence of this form of violence and presents a comparative analysis of the criminal justice response in England and Wales and Australia. The article considers what can be learnt from the criminalisation of non-fatal strangulation and recommends significant reform to the criminal justice response to this form of violence in the United Kingdom and in Australia.
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    Social Entrapment Evidence: Understanding its Role in Self-Defence Cases Involving Intimate Partner Violence
    Douglas, H ; Tarrant, S ; Tolmie, J (Law School, University of New South Wales, 2021-04-09)
    This article considers what evidence juries need to help them apply the defence of self-defence where a woman claims she has killed an abusive partner to save her own life. Drawing on recent research and cases we argue that expert evidence admitted in these types of cases generally fails to provide evidence about the nature of abuse, the limitations in the systemic safety responses and the structural inequality that abused women routinely face. Evidence of the reality of the woman’s safety options, including access to, and the realistic support offered by, services such as police, housing, childcare, safety planning and financial support should be presented. In essence, juries need evidence about what has been called social entrapment so they can understand how women’s safety options are deeply intertwined with their degree of danger and therefore with the question of whether their response (of killing their abuser) was necessary based on reasonable grounds. We consider the types of evidence that may be important in helping juries understand the concept and particular circumstances of social entrapment, including the role of experts in this context.