The WA Government is considering introducing laws that address Coercive Control Behaviour (CCB). CC is taken to be:
- Intimidate (frighten a person with threats),
- Monitor (watch, check in with, or keep a record of someone’s movements and activities),
- Regulate (control someone with rules or standards),
- Isolate (keep someone apart from their family and friends),
- Humiliate (make someone feel ashamed, embarrassed or small),
- Manipulate (make a plan to control someone to get something the perpetrator wants),
- Punish (treat someone badly or cause them pain or suffering because they have acted a certain way, or broken a rule the perpetrator made),
- Frighten (stop someone from doing something by making them afraid.
Western Australia already has in place laws aimed at protecting people from CCB. For example, Section 5A (1) Restraining Orders Act 1977:
5A Term used: family violence
(1) A reference in this Act to family violence is a reference to —
(a) violence, or a threat of violence, by a person towards a family member of the person; or
(b) any other behaviour by the person that coerces or controls the family member or causes the member to be fearful.
A combination of the Criminal Code (WA) and Surveillance Devices Act 1988 also contain various protections against CCB. It seems that the debate on CCB has escalated in recent times following the murder of women at the hands of men.
When an accused is alleged to physically or sexually behave towards the complainant there is independent evidence of the claim. For example, photographs of bruising on the complainant, neighbours hearing shouting, police responding and able bear witness to the complainant of presentation and then there is independent medical evidence where bodily harm is alleged.
With CCB alone it is also possible to gather independent evidence. For example if financial CCB is raised then Bank statements, wage histories, payment of household and other bills can be gathered to support the claim.
Without the physical evidence which is often the case, it boils down to one party’s claim over the other.
A recent example of CCB involved a husband and wife now estranged from each other. The husband was convicted of domestic violence and imprisoned for a short period. The wife complained that the husband would not transfer the former marital home sign to her as her name did not appear on the title. This was cited as an example of CCB.
If you have received a complaint about CCB then call us immediately for comprehensive legal advice as to your options.