Affirmative Consent and Coercive Control

The NSW Government is taking the necessary steps criminalize coercive control. Coercive control is not so much physical abuse but more so intimidating the victim, humiliating, and establishing fear with possible threats of harm.

The committee on Coercive Control was established in 2020 to explore whether or not to criminalize the conduct. England and Wales deemed coercive control a criminal offense in 2015, and the murder of Hannah Clark and her three children brought the focus to the controlling behavior and how it leads to physical violence.

It is very common to encounter offenders who are unaware that their behavior amounts to an offence. It is important that matters are thoroughly investigated. Cooney stated that several challenges need to be considered in drafting the legislation. The 2021-2022 budget provided enhanced funding and the Department of Education will review school programs and include content on coercive control and controlling behavior.