Criminalise coercive control

What is Coercive Control?

Coercive control is a pattern of abusive behavior where one person dominates another through psychological, emotional, or financial means, rather than physical violence. It involves tactics like isolation, intimidation, and monitoring to strip away a victim's autonomy. Unlike a single incident of abuse, it is a sustained campaign that erodes a person's sense of self over time.

Current Situation in New Zealand

New Zealand currently does not have a specific criminal offence for coercive control. While physical violence is illegal under the Criminal Act 1961, non-physical abuse is often difficult to prosecute unless it escalates to physical harm or fits into other existing charges like stalking or harassment. This petition argues that the current legal framework leaves many victims unprotected until the situation becomes life-threatening. The request is to create a standalone crime, similar to laws introduced in Scotland, England, Wales, and New South Wales, Australia.

Arguments in Favour

• Early Intervention: Criminalising these behaviours allows police and courts to intervene before physical violence occurs, potentially preventing serious injury or death.
• Validation of Victims: It legally recognises that non-physical abuse is harmful, validating the lived experiences of victims who may not have visible injuries.
• Legal Clarity: A specific offence provides clear guidelines for law enforcement and prosecutors, reducing ambiguity in how such cases are handled.

Arguments Against

• Definition Challenges: Critics argue that defining "control" is subjective and risks criminalising normal relationship dynamics or minor conflicts.
• Existing Laws: Some legal experts suggest that current laws, such as those covering stalking, harassment, and intimidation, are sufficient if applied more consistently by police and prosecutors.
• Resource Strain: There are concerns that a new offence could overwhelm the justice system with cases that are difficult to prove without physical evidence.

Relevant Context

Domestic violence is a significant issue in New Zealand. According to the Ministry of Justice, a large proportion of domestic violence incidents involve non-physical abuse. Recent reviews by the Domestic Violence Death Review Committee have highlighted that many fatal incidents were preceded by long periods of non-physical coercion that were not addressed by the legal system. The petition seeks to close this gap by explicitly targeting the pattern of behaviour itself, rather than waiting for a specific violent act to occur.

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