Melbourne Law School - Research Publications

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    Project 113 Sexual Offences: Background Paper
    Tarrant, S ; Douglas, H ; Tubex, H (Law Reform Commission of Western Australia, 2022-12-20)
    This paper discusses background social issues relevant for considering sexual offence laws. We examine the issues from three perspectives: • The harmfulness of sexual violence; • Common misconceptions about sexual violence; and • Complainants’ experiences of the criminal justice system
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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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    Coercive Control: Recognition and Response
    Douglas, H ; Robenstone, G (Australasian Institute of Judicial Administration, 2022-06-01)
    Based on the interviews with 28 judicial officers and five research experts this film provides key information around recognising and responding to coercive control in domestic violence cases, especially in the magistrates / local courts.
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    Coercive Control and Judicial Education: A Consultation Report
    Douglas, H ; Ehler, H (Australasian Institute of Judicial Administration, 2022-06-01)
    The authors interviewed 28 judicial officers and 5 research experts to explore how best to present information about coercive control in the National Domestic and Family Violence Bench Book and to understand what information is needed by judicial officers to better understand coercive control. This Report outlines the findings.
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    The prosecution of non-fatal strangulation cases: An examination of finalised prosecution cases in Queensland
    Fitzgerald, R ; Douglas, H ; Pearce, E ; Lloyd, M (University of Melbourne, 2022-04-11)
    This report presents first findings from a sample of finalised non-fatal strangulation case files drawn from the Office of the Director of Public Prosecutions (ODPP) Queensland. The aim of the report is to provide an initial overview of case- defendant- and complainant-characteristics for non-fatal strangulation-related cases charged and / or prosecuted since the introduction of the offence.
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    Non-fatal strangulation offence convictions and outcomes: Insights from Queensland wide interlinked courts data, 2016/2017-2019/2020
    Sharman, L ; Douglas, H ; Fitzgerald, R (University of Melbourne /University of Queensland, 2022-03-03)
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    Review of domestic violence deaths involving non-fatal strangulation in Queensland.
    Sharman, L ; Douglas, H ; Fitzgerald, R (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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    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.