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Criminalising economic and emotional abuse and intimidation: the Tasmanian experience

McMahon, Marilyn and McGorrery, Paul 2016, Criminalising economic and emotional abuse and intimidation: the Tasmanian experience, University of Tasmania law review, In press.

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Title Criminalising economic and emotional abuse and intimidation: the Tasmanian experience
Author(s) McMahon, Marilyn
McGorrery, Paul
Journal name University of Tasmania law review
Season In press
Publisher University of Tasmania
Place of publication Hobart, Tas.
Publication date 2016-11
ISSN 0082-2108
Keyword(s) psychological harm
family violence
Summary In 2004 the parliament of Tasmania enacted two new offences in the context of family violence; the first was intended to prohibit economic abuse, and the second sought to prohibit emotional abuse or intimidation. The introduction of these novel provisions constituted a movement away from conceptions of family violence that rely solely upon physical acts and, instead, treated the infliction of psychological harm as a core feature of family violence. The offences have, however, only rarely been prosecuted. This article analyses the offences, identifying difficulties in their construction and exploring the reasons why they have had such little impact. Despite the rarity of prosecutions, the new offences are significant, for they challenge traditional conceptions of the criminal law that rely on the criminalisation of causing, or threatening, physical harm. Consequently, and in the context of recent legislation in England and Wales criminalising controlling or coercive behaviour, a review of the offences that have been operating in Tasmania for more than a decade is timely.
Language eng
Field of Research 180110 Criminal Law and Procedure
1801 Law
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2016, University of Tasmania
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Document type: Journal Article
Collection: Law
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