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The Canberra Times
The Canberra Times
National
Lucy Bladen

ACT government looking at criminalising coercive control

Under the territory's family violence act, coercion is listed as a form of family violence. Picture: Shutterstock

The ACT government has thrown its support behind the criminalisation of coercive control but it may already be addressed by current legislation, the Attorney-General says.

It comes as states and territories, including NSW and Queensland push to criminalise controlling, intimidating, isolating and threatening behaviours. Such behaviour is often a precursor to physical violence.

Work is under way to reform sexual assault laws in the territory, including work to create a positive definition of consent.

In-principle support has been given to the legislation of new offences to criminalise coercive control in the territory but Attorney-General Shane Rattenbury said elements of coercive control may already be covered.

"There is a discussion about coercive control going on at the moment, we believe that the ACT's legislation actually covers issues of coercive control," he said.

Under the territory's family violence act, coercion is listed as a form of family violence.

It is defined as behaviour that controls or dominates a family member or that causes the family member to feel fear for the safety or wellbeing of the family member or another person.

Work is being done across territory government agencies, the justice system and the community sector to see whether there is a gap in the ACT's legal framework.

As well, Family Violence Minister Yvette Berry has referred the issue to the Domestic Violence Prevention Council for consideration.

Changes are also expected to be made to the name of the crime: 'sexual relationship with a child'.

Mr Rattenbury made the comments as the territory marked one year since the introduction of the ACT's witness intermediary program - a scheme designed to help reduce trauma for children and other vulnerable witnesses.

An intermediary provides support to witnesses to them give clear evidence to police and the courts.

Intermediaries are often used to support victims of sexual assault and child abuse.

Victims, and in some cases the accused, are referred to intermediaries by police, lawyers or the courts.

The program, run by the Human Rights Commission, has helped more than 150 people in its first year.

Victims of Crime Commissioner Heidi Yates said intermediaries had helped witnesses navigate intellectual and physical communication barriers.

"Unfortunately, we know that predators consistently target the very young or the vulnerable, believing that they won't be able to report what has happened," she said.

"With the help of a witness intermediary, even a very young child, or those with language and cognitive delays, can now explain what has happened to them, or what they witnessed."

  • 1800Respect: 1800 737 732
  • Lifeline: 13 11 14

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