Domestic Violence Lecture PDF

OFFICI AL WEEK7: DOMESTIC VIOLENCE Dr. Rebecca Pollard  OFFICI AL TERMINOLOGY "The term “domestic violence” usually refers to violence against an intimate partner or ex-partner,...

OFFICI AL WEEK7: DOMESTIC VIOLENCE Dr. Rebecca Pollard  OFFICI AL TERMINOLOGY "The term “domestic violence” usually refers to violence against an intimate partner or ex-partner, while “family violence” may include violence perpetrated against children, older people, of parents by children, and other kin or family members. However, some jurisdictions (e.g. Victoria and the Commonwealth) use the term “family violence” to include intimate partner violence. Many Aboriginal and Torres Strait Islander communities prefer the use of the term “family violence” to reflect broader family and kin relationships involved in violence. Family violence is often connected to intimate partner violence, with women and children continuing to experience its most profound effects and women continuing to be most at risk of harm from their intimate partners." (Toivonen, C., & Backhouse, C., 2018).  OFFICI AL Domestic and Family Violence CAN include: o Elders (parents/grandparents) o Children WHO DOES o Siblings o Step-siblings DFV RELATE o Broader family relationships TO? o First Nations kinships Intimate Partner Violence CAN include o Ex-partners o Current partners  OFFICI AL WHAT IS DFV? It is a form of gender-based violence. It falls under the broader term violence against women It is a sex-based crime. There is an unequal impact on women While it is acknowledged that men are also victims of DFV the majority of victim-survivors are women and the majority of perpetrators are male. Single biggest health risk to Australian women aged 15 to 44 years Family violence is the most common factor contributing to homelessness among women and children throughout Australia The 2016 Personal Safety Survey conducted by the Australian Bureau of Statistics (ABS) highlights that since the age of 15, an estimated 17 percent of women (1.6 million) and six percent of men (547,600) had experienced violence by a partner since the age of 15 and women were eight times more likely to experience sexual violence by a partner than men (Australian Bureau of Statistics, 2017). This does not exclude the recognition of DFV within LGBTIQ+ relationships. In fact, emerging evidence suggests LGBTIQ+ people experience similar or higher rates of DFV. There is also a range of abuse tactics unique to this context.  OFFICI AL WHAT IS DFV? The Australian and New South Wales Law Reform Commissions recommended contextualising domestic violence as “violent or threatening behaviour, or any other form of behaviour that coerces or controls a family member or causes that family member to be fearful” (ALRC & NSWLRC, 2010, p. 246). This definition was adopted in the Family Law Act 1975 (Cth). (Toivonen, C., & Backhouse, C., 2018)  OFFICI AL POWER AND CONTROL WHEEL  OFFICI AL CYCLE OF VIOLENCE (DomesticViolence.org, 2021)  OFFICI AL NATIONAL RISK ASSESSMENT PRINCIPLES FOR DOMESTIC AND FAMILY VIOLENCE: PRINCIPLES 1- Survivors’ safety is the core priority of all risk assessment frameworks and tools. 2 - A perpetrator’s current and past actions and behaviours bear significant weight in determining risk. 3 - A survivor’s knowledge of their own risk is central to any risk assessment. 4 - Heightened risk and diverse needs of particular cohorts are taken into account in risk assessment and safety management 5 - Risk assessment tools and safety management strategies for Aboriginal and Torres Strait Islander peoples are community-led, culturally safe and acknowledge the significant impact of intergenerational trauma on communities and families. 6 - To ensure survivors’ safety, an integrated, systemic response to risk assessment and management, whereby all relevant agencies work together, is critical. 7 - Risk assessment and safety management work as part of a continuum of service delivery. 8 - Intimate partner sexual violence must be specifically considered in all risk assessment processes. 9- All risk assessment tools and frameworks are built from evidence-based risk factors.  OFFICI AL History of Family and Domestic Violence Separation (actual or pending) Intimate Partner Sexual Violence Non-Lethal Strangulation (or choking) Stalking HIGH RISK Threats to Kill FACTORS Perpetrators access to (or use of) weapons Escalation (frequency and/or severity) Coercive Control Pregnancy and New Birth  OFFICI AL SEPARATION (ACTUAL OR PENDING) Women are most at risk of being killed or seriously harmed during and/or immediately after separation. The NSW Domestic Violence Death Review Team recorded that two- thirds (65%) of female victims killed by a former intimate partner between 2000-2014, had ended their relationship within three months of the homicide. Separation is particularly dangerous when the perpetrator has been highly controlling during the relationship and continues or escalates his violence following separation in an attempt to reassert control or punish the victim. Children are also at heightened risk of harm during and post- separation.  OFFICI AL ACCESS TO WEAPONS Use of a weapon (any tool used by the perpetrator that could injure, kill or destroy property) indicates high risk, particularly if used in the most recent violent incident, as past behaviour strongly predicts future behaviour. Campbell et al. (2003) found that women who are threatened or assaulted with a gun or other weapon, are 20 times more likely than other abused women to be killed. The severity of abuse-related harm is significantly heightened when weapons are involved.  OFFICI AL COERCIVE CONTROL (BEHAVIOUR) Stark’s (2007) book titled ‘Coercive Control: How men entrap women in personal space’. Stark’s notion of coercive control differs from previous interpretations of domestic violent relationships by focusing on a pattern of frequent and routine experiences of coercive and controlling abuse. Coercive control is a sex-based crime and is facilitated through patriarchal societies as a means for men to dominate women. Through this lens, Stark likens coercive control to a form of domestic terrorism akin to hostage-taking, where a victim/survivor’s entrapment is concealed under the veil of normalcy and social structures that are underscored by sex-based inequalities OFFICI AL  OFFICI AL COERCIVE CONTROL (LEGISLATION Condensing such a nuanced and individualised form of behaviour into legislation has been heavily debated internationally by the domestic and family violence sector. The widespread acceptance of Stark’s (2007) coercive control in domestic and violence forums, combined with high-profile feminicides that revealed patterns of abusive behaviours were present prior to the murders, has resulted in the criminalisation of coercive control, across the United Kingdom, Europe, Canada, and Australia. The core reasoning behind the criminalisation of coercive control is the necessity to capture a pattern of abusive behaviours, which the legal system is arguably otherwise not designed to do. Despite this similar core, the offences have taken various forms across jurisdictions in terms of what is included within this remit.  OFFICI Jurisdiction Legislation Status AL Notes Nationally QLD Criminal Law (Coercive Control and Affirmative Passed Amends the Criminal Code 1899 (QLD) to include the offence of coercive control which: Consent) and Other Legislation Amendment Bill 2023 applies to persons in a domestic relationship. encompasses domestic violence that occurs on more than one occasion. considers the perpetrators intention to control or coerce the other person, this can be directed at the other person, another person, or property. considers if the course of conduct is likely to cause the other person harm. NSW The Crimes Legislation Amendment (Coercive In force Creates a new offence within the Crimes Act 1900 (NSW) that refers to abusive behaviours Control) Act 2022 between current and previous intimate partners. Provides a new definition of domestic abuse within the Crimes (Domestic and Personal Violence) Act 2007 (NSW) that amends the behaviours that are considered domestic abuse between persons within a domestic relationship to include: those that coerce, control, of cause fear for safety of self or others. restrictions of liberty of self or others. Unreasonable control or regulation of day-to-day activities. UK Serious Crime Act (England and Wales) 2015 In force Based on Stark (2007) conceptualisation except in being gender neutral. Limited to persons who live together and/or are in a current intimate relationship. The Domestic Abuse (Scotland) Act 2018 In force Recognises the gendered pattern of domestic abuse. Includes ex-partners.  OFFICI AL OTHER RISK FACTORS Victim's self-perception of risk Suicide threats and attempts Court orders and parenting proceedings Misuse of drugs or excessive alcohol consumption Isolation and barriers to help-seeking Abuse of pets and other animals