Melbourne Law School - Research Publications
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ItemGray, Elizabeth Una (Liz) (1956–1996)(National Centre of Biography, Australian National University, 2023-11-14)Biography of Elizabeth Una Gray (1956–1996), legal aid and human rights lawyer,.
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ItemNo Preview AvailableThe consequences of criminalizing domestic violence: A case study of the non-fatal strangulation offense in Queensland, Australia(Oxford University Press, 2023-11-01)Discrete offences of non-fatal strangulation have been introduced throughout America, England and Wales and Australia over the past 20 years. We focus on the offence of non-fatal strangulation introduced in the Australian state of Queensland. Many have viewed the introduction of this offence as a success in educating the public about the harms of non-fatal strangulation, ensuring non-fatal strangulation is taken seriously and ensuring that domestic violence abusers are held accountable. We draw on recent reviews of the operation of the offence highlighting some of the troubling, but predictable, consequences of criminalizing non-fatal strangulation. These consequences flow to victims and offenders and are most evident for marginalized members of the community, including children. We argue that there is a need for an approach that breaks the link between criminalization and incarceration so the criminal law response can be a more valuable and nuanced part of a holistic response to domestic violence.
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ItemNo Preview AvailablePolicing Technology-Facilitated Domestic Abuse (TFDA): Views of Service Providers in Australia and the United Kingdom(Springer, 2023-08-02)Abstract Purpose: Technology-facilitated domestic abuse (TFDA) is a prevalent form of domestic abuse. While police are recognized as critical first responders to intimate partner violence, there is limited research about what the challenges to policing TFDA are perceived to be and how they might be addressed. This article speaks to this issue. Methods: Between April 2020 and June 2022, n = 196 Australian and n = 256 United Kingdom representatives of services engaged with domestic abuse victim-survivors participated in an online survey about TFDA. Survey components asked respondents to report on challenges to policing TFDA. The authors analyzed these comments. Results: Key themes identified from the survey responses regarding challenges to policing TFDA include that participants held perceptions that (a) police do not recognize TFDA as an aspect of coercive control and thus do not recognize its seriousness, (b) police receive inadequate training about TFDA, (c) police have insufficient time and personnel to tackle TFDA and (d) evidence collection is an obstacle to policing TFDA. Conclusions: The study points to a need to address the perceived concerns associated with policing TFDA to effectively respond to domestic abuse in the digital age and ensure domestic abuse perpetrators who misuse emerging technologies are held accountable.
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ItemNo Preview AvailableMedical evidence assisting non-fatal strangulation prosecution: a scoping review(BMJ PUBLISHING GROUP, 2023-02)OBJECTIVES: Non-fatal strangulation (NFS) is a serious form of gendered violence that is fast becoming an offence in many jurisdictions worldwide. However, it often leaves little or no externally visible injuries making prosecution challenging. This review aimed to provide an overview of how health professionals can support the prosecution of criminal charges of NFS as part of regular practice, particularly when externally visible injuries are absent. METHOD: Eleven databases were searched with terms related to NFS and medical evidence in health sciences and legal databases. Eligible articles were English language and peer reviewed, published before 30 June 2021; sample over 18 years that had primarily survived a strangulation attempt and included medical investigations of NFS injuries, clinical documentation of NFS or medical evidence related to NFS prosecution. RESULTS: Searches found 25 articles that were included for review. Alternate light sources appeared to be the most effective tool for finding evidence of intradermal injury among NFS survivors that were not otherwise visible. However, there was only one article that examined the utility of this tool. Other common diagnostic imaging was less effective at detection, but were sought after by prosecutors, particularly MRIs of the head and neck. Recording injuries and other aspects of the assault using standardised tools specific for NFS were suggested for documenting evidence. Other documentation included writing verbatim quotes of the experience of the assault and taking good quality photographs that could assist with corroborating a survivor's story and proving intent, if relevant for the jurisdiction. CONCLUSION: Clinical responses to NFS should include investigation and standardised documentation of internal and external injuries, subjective complaints and the experience of the assault. These records can assist in providing corroborating evidence of the assault, reducing the need for survivor testimony in court proceedings and increasing the likelihood of a guilty plea.
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ItemProject 113 Sexual Offences: Background Paper(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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ItemReproductive coercion and abuse among pregnancy counselling clients in Australia: trends and directions(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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ItemThe use of fire and threats to burn in the context of domestic and family violence and coercive control(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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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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ItemNo Preview AvailableCoercive Control: Recognition and Response(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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ItemCoercive Control and Judicial Education: A Consultation Report(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.