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Ahead of their time? The offences of economic and emotional abuse in Tasmania, Australia

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posted on 2020-02-20, 00:00 authored by Kerryne Barwick, Paul McGorrery, Marilyn McMahonMarilyn McMahon
More than a decade before the offences of controlling or coercive behaviour and domestic abuse were introduced in England and Wales, Ireland and Scotland, the parliament of Tasmania in Australia enacted the offences of economic abuse and emotional abuse of a person’s spouse or partner. The introduction of these novel provisions constituted a significant move away from criminal law conceptions of family violence that relied solely upon physical acts and, instead, recognised that the infliction of psychological and economic harm were core fea- tures of that violence. This chapter analyses the Tasmanian offences, identifying difficulties in their construction and exploring the reasons for their slow uptake. Analysis of prosecutions that have occurred reveals interesting patterns of offending starting to emerge that have implications for how the offences are prosecuted and how family violence is understood.

History

Title of book

Criminalising coercive control: family violence and the criminal law

Chapter number

7

Pagination

135 - 158

Publisher

Springer

Place of publication

Singapore

ISBN-13

9789811506529

Language

eng

Publication classification

B1 Book chapter; B Book chapter

Extent

12

Editor/Contributor(s)

Marilyn McMahon, Paul McGorrery

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