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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-12-02 Daily Xml
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Bills

Criminal Law Consolidation (Coercive Control) Amendment Bill

Introduction and First Reading

Ms HILDYARD (Reynell) (10:31): Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935. Read a first time.

Second Reading

Ms HILDYARD (Reynell) (10:32): I move:

That this bill be now read a second time.

I rise today to introduce a bill that I fervently wish our community did not need and that there was no impetus for. But, sadly, more than ever the criminalising of coercive control and the raising of community and stakeholder awareness about this awful, insidious form of domestic abuse is urgently required. If we are committed to enacting every piece of legislation we possibly can to help prevent and end domestic violence and keep South Australian women safer, this bill must be supported.

I also introduce this bill with a heavy heart and with a deep determination to work together with all parliamentarians in this place, the remarkable South Australian domestic violence organisations, the community sector, the advocates, the police and the legal profession to raise awareness around and develop support for this bill, a bill that represents an important next frontier in our collective quest to ensure violence against women ends.

I mention that my heart is heavy because the devastating prevalence of violence against women relentlessly persists seemingly unabated, reaching into every corner of our community, into way too many families, impacting way too many children. Just two days ago, on day 6 of the 16 Days of Activism Against Gender-Based Violence, for the first time since their inception the Counting Dead Women Australia group recorded three deaths allegedly as a result of domestic violence in just one day. Yesterday, the New South Wales Women's Safety CEO, Hayley Foster, who has worked in domestic violence support for 15 years, said:

2020 will be remembered as the worst year for domestic violence that any of us who are in the sector now have ever experienced…[with] so many more strangulation cases, so many threats to kill…more serious head injuries, and sexual assaults…

That quote is from an article in yesterday's Guardian, which also reported that a July survey by the Australian Institute of Criminology revealed that almost 10 per cent of Australian women in a relationship had experienced domestic violence during the coronavirus crisis and that, for those who had already been experiencing it, it had become so much worse. The Guardian also reported that there is a 900 per cent increased risk of intimate partner homicide when coercive control, violence and a recent separation occur within a relationship.

I refuse to accept this and I know that many of those opposite also refuse to accept this. I know, as sadly do so many others in our community, the lasting impact domestic violence has on people's lives and on the lives of people who witness its horror: the physical, psychological and emotional scars; the fear; the sense of shame and embarrassment; and the questioning of oneself.

When I had the honour of being elected to this place, I vowed to do whatever I could to prevent and end the horror of domestic violence. I do not want to mourn another woman, to see another family torn apart, to hear of women being intimidated and controlled to the point where they feel—as a number of women have said to me—like they are literally losing their mind, or to think another child is living in fear and with shame without having taken all the action that I possibly can.

This bill represents real action. It has the potential to save lives. Specifically, this bill seeks to criminalise coercive control: a pattern of menacing, insidious behaviours that often precede serious physical assault, rape and murder. Coercive control includes persistent emotional abuse, isolation, sexual coercion, financial abuse, cyber abuse and other types of intimidation. Overwhelmingly, coercive control is perpetrated against women by a current or former partner and, as mentioned, often precedes other crimes.

Among the far too many instances of coercive control this year was the terrible case of Hannah Clarke and her three precious little children, aged six, four and three. Hannah and her children were brutally killed by her ex-partner and the children's father following years of abuse, of which even those closest to her were unaware. Hannah Clarke had become a prisoner to her estranged husband's controlling and domineering behaviour. His behaviour reads like a dictionary definition of 'coercive control' and, as such, it reads like a nightmare.

He isolated Hannah from her family and friends. He deprived Hannah of food, clothing and sleep. He controlled where Hannah went, whom she saw and what she wore. He prevented Hannah from attending doctors' appointments. He belittled her about her appearance and mothering skills. He monitored her phone and cancelled her Facebook account. He tracked her location and stalked her using phone apps. He threatened to kill himself when she tried to leave. He shared intimate photos of Hannah. He demanded sex every night and threatened her in relation to it.

This case deeply shocked our nation. Thirteen days ago, Hannah's parents, Lloyd and Sue Clarke, stated they believed that coercive control laws could have prevented the tragedy of the murders of their daughter and grandchildren and that widespread public knowledge of this dangerous behaviour could have helped them pick up on the warning signs. I offer my love and condolences to these parents and grandparents, who will endure their pain for the rest of their lives, and I thank them for their courage in speaking out.

The Clarkes joined women's groups and other advocates to call for coercive control laws to be introduced in Queensland. I understand the Queensland government are determined to introduce these laws in the wake of this terrible crime. Abusers using coercive control dominate their victims through intimation, humiliation, exploitation, isolation, and by removing their sense of self-worth. The controlling behaviour, as I have said, often includes threats and actual violence.

With more than one woman dying each week in Australia at the hands of a partner or former partner, and with coercive and controlling behaviour often a precursor, it is imperative that we act. It is not enough just to say that we must do what we can to prevent and end domestic violence: we must take real action. Support for this bill is clear, real action, and clear action we must take because the current suite of laws is not enough to address coercive control.

In South Australia last week, in sentencing remarks Judge Ian Press described the behaviour of a man convicted of attacking his former partner as 'accusatory, controlling and manipulative'. As is too often the case, these controlling behaviours led to physical assault and in this case an attempted rape. Sally (not her real name) spoke with me and with the Sunday Mail this week. On that note, can I say thank you to Lauren Novak for covering the story and for her relentless commitment to preventing and ending domestic violence. As I said, Sally spoke with me and with the Sunday Mail this week. Her words further highlight why we need these laws and why we need them now.

Sally's ex-partner locked her out of the house, took her car keys and once drove off with their children while she was halfway out of the car door. He took videos of her without her consent and said that her friends were a bad influence on her. He blocked her path when she tried to walk away from the abuse. Eventually, Sally's ex-partner became physically violent. He threatened to hurt himself when she tried to leave. All these things, Sally says, left her feeling frightened, isolated and absolutely worn down. Sally told the Sunday Mail:

All of these incidents were not big enough on their own. I found myself waiting until there was something worse that he could be charged with and then I could get some protection.

I thanked Sally again this morning for her courage in speaking out. She was humble. She also said to me that she wants these laws to help anyone who goes through similar circumstances and she wants so much more to be done to prevent abuse before it starts. Sally believes these laws may also help men recognise and address abusive behaviour before resorting to violence. Sally, the Clarkes, women's advocates and many others are calling for these behaviours to be outlawed.

I absolutely want to work with the government and with all MPs, service providers, women experiencing domestic violence and all stakeholders to effectively deal with this insidious form of abuse. Our community is rightly demanding change. These laws represent a step forward in the urgent need to end the horrific prevalence of domestic violence. With deep engagement, together with our community and all stakeholders, about domestic violence and in our collective role in preventing and ending it, these laws could help save lives.

Similar legislation has been introduced in Ireland, Scotland and the UK. Tasmania has included some offences in its criminal code, whilst Queensland, Victoria and New South Wales are either introducing or considering similar bills. This bill clearly sets out what coercive control is, the patterns of behaviour that constitute it and which relationships are covered, and it sets out a consideration of whether a person intends to harm another through their behaviours, as well as the penalties.

I cannot express strongly enough that I want to work with the government and with all MPs to raise awareness about this legislation, to engage our community and all stakeholders in a conversation about it, to deeply listen to those who are experiencing coercive control and to pass the bill. I sincerely welcome the Attorney-General's recent comments where she said she was committed to further exploring this issue, and I have offered bipartisanship to progress these laws.

If we do not find a way forward as parliamentarians, as lawmakers, women in this state will continue to have their lives threatened, endangered and diminished by partners and ex-partners. Women's lives are too important. We must act and we must act now.

Debate adjourned on motion of Hon. V.A. Chapman.

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