Melbourne Law School - Research Publications
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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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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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ItemAdolescent Family and Dating Violence and the Criminal Law Response(SPRINGER/PLENUM PUBLISHERS, 2023-02)Abstract The criminal law response to adolescent family and dating violence is understudied in Australia. The aim of the present study was to examine the charges and sentences adolescents face when they perpetrate acts of violence against family members or intimate partners, and to better understand the personal circumstances of these adolescents, including whether they have been diagnosed with a mental illness, whether they have a criminal history and whether they have been subject to child protection interventions. We undertook a two stage study analyzing unpublished statistical data and case files held by the Youth Justice department in Queensland, Australia. We found that the most commonly charged offence was contravention of a family violence protection order in the context of adolescent dating violence. We found that many of the adolescents charged with adolescent family and dating violence related offences faced significant challenges and that Indigenous young people were significantly overrepresented in family violence related charges, especially for contraventions of a family violence protection order. Whilst criminal law responses are uncommon in parent–child and sibling violence contexts, family violence protection orders are over-utilized as a response to adolescent dating violence. Such orders when breached result in criminalization of the young person. Resources should to be (re)directed away from the criminal law system and into community-led, place-based initiatives that address the drivers of crime and incarceration.
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ItemCommunicating Reproductive Coercion in the Context of Domestic and Family Violence: Perspectives of Service Providers Supporting Migrant and Refugee Women(SPRINGER/PLENUM PUBLISHERS, 2023-01)Abstract The current study explored the language barriers to help-seeking in the context of reproductive coercion and abuse (RCA), domestic and family violence (DFV), and sexual violence (SV), drawing on observations by key informants supporting women from migrant and refugee communities. A lack of shared language has been identified as a key barrier to help seeking for migrant and refugee women experiencing DFV more broadly, though how language intersects with help seeking in the context of RCA is yet to be investigated. We conducted 6 focus groups with 38 lawyers, counsellors, and social workers supporting women experiencing DFV in Brisbane and Melbourne, Australia. Our findings address two main areas. First, consistent with past research in DFV, our participants identified language as a barrier for women when communicating about sexual and reproductive issues in the context of health and police encounters. More specifically, our findings suggest that the inability of health professionals and police to communicate with women who have low or no English proficiency not only negatively impacted victims/survivors’ ability to access support, but also facilitated the perpetration of RCA. We conclude that language can be a mechanism through which coercive control is enacted by perpetrators of RCA and health and policing systems may not be equipped to recognise and address this issue. We also suggest that greater conceptual clarity of RCA is needed within the DFV sector in order to tailor responses.
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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.