The Escalation of Family Violence & Coercive Control – Legal Responses in Australia
Family violence is a pressing issue in Australia, with recent statistics showing a disturbing increase in the number of women killed as a result of such violence. This year alone, the tragic loss has escalated from one woman per week to one woman every four days. This shift highlights the urgency of addressing and preventing family violence.
The Current Landscape
Family violence is no longer just a personal issue; it’s a national crisis. Family lawyers, who see firsthand the impact of family violence in their cases, estimate that allegations of family violence are present in about 70% of family law matters before the Federal Circuit and Family Court of Australia. This underscores how pervasive and serious this issue is.
What the Latest Crime Statistics Mean for Victims in Victoria
Recent crime statistics reveal some worrying trends in Victoria, particularly regarding women and family violence. While the overall crime rate for women has risen slightly, it remains lower than it was a decade ago. The latest crime statistics for Victoria paint a complex picture. While overall crime rates for women have seen a slight increase, the rise in family violence incidents and the continuing high rate of women affected by such violence are deeply concerning.
The decline in homicide rates for both women and men is a positive trend but doesn’t diminish the need for ongoing efforts to address and prevent family violence. Understanding these statistics helps highlight the areas where more support and resources are needed to protect vulnerable individuals and address the root causes of violence.
Crime Rates for Women
In the year leading up to March 2024, the rate of crime victimization for women in Victoria increased by 6.1% increase from the previous year but is a 3.3% decrease from a decade ago. For comparison, the crime victimization rate for men is higher.
Family Violence: A Growing Concern
Family violence is a major issue in Victoria. In the past year, Victoria Police responded to nearly 96,000 family violence incidents. This averages out to one family violence callout every six minutes. A family violence perpetrator is arrested every 18 minutes.
The data shows that, even after adjusting for population growth, the rate of women affected by family violence has only slightly increased by 0.7% rise from the previous year but is 17.5% higher compared to 2018.
Gender Disparities in Family Violence
The statistics also reveal a stark gender disparity in family violence incidents. Women are nearly three times more likely than men to be victims of family-related crimes. This highlights the need for targeted support and intervention for women facing family violence.
Homicide Rates: A Mixed Picture
Looking at homicide statistics, the picture is somewhat different. According to the National Homicide Monitoring Program (NHMP), the rate of female homicide victims has decreased over the years. Victoria, in particular, has the lowest femicide rate in Australia, with 0.29 deaths per 100,000 women.
Interestingly, the rate of male homicide victims has also decreased since the early 1990s, reflecting a broader trend of declining homicide rates across the country.
What Is Coercive Control?
One of the most significant recent developments in the fight against family violence is the recognition of “coercive control.” Coercive control refers to a pattern of abusive behaviour designed to control another person by instilling fear and stripping away their freedom and independence. This can involve both physical and non-physical abuse.
According to the new March 2024 statistics from the Victorian Crime Statistics Agency, police are called to one family violence incident every six minutes in Victoria, and new crime data shows the police arrest three perpetrators every hour. The data showed total female victim reports rose for homicide and related offences, assaults and sexual offences.
A significant portion of family violence incidents reported involve coercive control behaviours. These behaviours often include:
- Property Damage and Theft: Destroying or stealing belongings to exert control.
- Intimidation and Threats: Using threats or intimidation to manipulate and control.
- Verbal Abuse: Using language to belittle, insult, or control.
Legal Reforms and Protections
In response to the growing awareness of coercive control, Australian states and territories have been updating their laws. New South Wales and Queensland have enacted specific legislation that makes coercive control a standalone criminal offense. This means that even if physical violence is not present, coercive control alone can be grounds for criminal charges.
In other states, coercive control is being addressed within the broader framework of family violence legislation. These legal reforms are a crucial step in recognizing and tackling the various forms of abuse that may not involve physical violence but are equally damaging.
National Principles and Collaborative Efforts
On a national level, the Australian Government, in collaboration with state and territory governments, has developed the National Principles to Address Coercive Control in Family and Domestic Violence. These principles aim to provide a unified approach to understanding and addressing coercive control across the country. They serve as a guide for organizations and agencies involved in dealing with family violence, ensuring that there is a consistent and effective response to these issues.
Conclusion
The escalating rates of family violence in Australia, particularly the increased frequency of women’s deaths, highlight the need for continued vigilance and reform. The recognition of coercive control as a significant aspect of family violence, coupled with legislative changes and national principles, represents a step forward in addressing and preventing this crisis. It is essential for individuals, communities, and authorities to work together to support victims and ensure that abusers are held accountable.
Contact us today for expert assistance, legal advice or representation with respect to your Family Law matters including family violence and coercive control. Please contact our highly experienced Family Lawyers at MST Lawyers on (03) 8540 0200 or at familylaw@mst.com.au.
