Melbourne Law School - Research Publications
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ItemNo Preview AvailableReproductive Coercion and Legal Recognition: Views of Domestic Violence Support Workers and Lawyers(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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ItemReview of domestic violence deaths involving non-fatal strangulation in Queensland.(The University of Melbourne and The University of Queensland, 2021-11-01)This report draws on files held by the Domestic and Family Violence Death Review Unit in the Coroners Court of Queensland to examine 20 intimate partner homicides where strangulation was either present in the relationship before death, was the cause of death, or both. All deaths occurred between 2011 and 2020, before and after the introduction of the non-fatal strangulation legislation (Queensland Criminal Code Qld, s. 315A) in 2016. Research for this report was conducted on closed coronial investigations only and is not necessarily reflective of all deaths of this nature within the time period.
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ItemThe role of loss of self-control in defences to homicide: a critical analysis of Anglo-Australian developments(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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ItemProving non-fatal strangulation in family violence cases: A case study on the criminalisation of family violence(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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ItemTHE CRIMINALISATION OF A DANGEROUS FORM OF COERCIVE CONTROL: NON-FATAL STRANGULATION IN ENGLAND AND WALES AND AUSTRALIA(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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ItemSocial Entrapment Evidence: Understanding its Role in Self-Defence Cases Involving Intimate Partner Violence(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.