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Victim survivors fear NSW coercive control legislation could be used against them

Nina (not pictured) is opposing the NSW government's plans to outlaw coercive control. (ABC Capricornia: Katrina Beavan)

Standing in front of a magistrate, Nina was doing the unimaginable — defending herself against charges she believed should have been laid at her husband's feet. 

For years Nina (not her real name) had been trapped in what she called an abusive marriage with a local police officer in their NSW town.

Isolated from loved ones, controlled and silenced, there was never physical violence but sometimes she almost wished there was.

"Because then I would have left him. And he knew that," Nina said.

At breaking point, she went to the police three times to report his stalking and intimidation but was ignored.

On one occasion, officers did not keep a record of her complaint.

Nina says the coercive control legislation could be wielded by perpetrators. (ABC Capricornia: Katrina Beavan)

She says once her husband discovered her reports, he lashed back, using the system he knew so well to charge her with an assault offence.

Somehow, she was now the one battling for her freedom.

Initially found guilty in the local court, Nina was able to fight her charges and, after "two years of hell", was cleared.

But she said the ripple effects have been vast and long-lasting.

Draft bill released

Nina may be a victim survivor of coercive control, but she fiercely opposes this form of abuse ever being criminalised.

She says she is not alone.

Last week the NSW Attorney-General released a draft bill that would see people jailed for up to seven years if convicted of coercive control in intimate partner relationships.

It came after a three-day parliamentary inquiry that found NSW did not adequately cover coercive and controlling behaviour.

The government is seeking public feedback on the draft bill, with submissions closing August 31.

Domestic violence experts say coercive control can be difficult to prove. (ABC Capricornia: Katrina Beavan)

But it has left many people, like Nina, feeling even more vulnerable.

"There's already legislation such as stalking and intimidation that isn't being used effectively."

Coercive control difficult to prove

Coercive control is a form of domestic violence that involves patterns of behaviour that have the effect of denying victims their autonomy and independence.

Abuse can be physical, psychological, sexual or financial.

Kirrilly Salvestro, the deputy chief executive of the Linking Communities Network, a lead agency for domestic violence in southern NSW, said coercive control could be difficult to prove.

Kirrilly Salvestro, the deputy chief executive of the Linking Communities Network. (Supplied: Linking Communities Network)

"This legislation is taking the step of trying to work out exactly what coercive control is and how it can be proven," Ms Salvestro said.

Calls to change consultation period

Domestic Violence New South Wales (DVNSW) interim chief executive Elise Phillips shares Nina's concerns.

She said there was a risk if the legislation was not well drafted, and if police were not properly trained, then perpetrators could weaponise laws to misidentify victim survivors as the abusers.

"Systems abuse is widespread," Ms Phillips said.

"It's a method of abuse where abusive partners and families misuse systems like the justice system or the income support system to harm another person.

Elise Phillips says system abuse is widespread. (Supplied: DVNSW)

Ms Phillips was concerned the consultation period for the draft bill was too short.

"It means we're not getting the legislation right," she said.

"Another major concern is that the legislation covers intimate partner abuse, which means that patterns of abuse perpetrated by family members, carers and others may not be covered.

"[We] also noted the importance of ensuring children and young people are at the forefront and that their safety is considered in drafting the wording in the legislation, which it hasn't been yet."

More training for police and courts

Ms Phillips said for the legislation to be properly implemented, there needed to be adequate training and resourcing for police and courts.

"Coercive control has so many different forms and at times is very subtle," she said.

"That's opposed to the current legislation, which is an incident-based system where police investigate just what happened in that particular incident when they are called to respond."

What is coercive control in domestic violence relationships?

'There will be consequences'

Despite her concerns about the legislation, Ms Phillips said it was crucial there were consequences for this form of abuse.

"We know that coercive control causes significant harm to the people who are experiencing it," she said.

"Many victim survivors will say it's the loss of freedom, the loss of autonomy, the impact on their dignity and sense of wellbeing that is more harmful than physical abuse or other types of abuse.

But for many victim survivors like Nina, this legislation sparks more concern than comfort.

"I think my experience highlights just how far we are from being in a safe place to implement coercive control legislation," she said.

"One victim criminalised is one victim too many, and it's happening all the time."

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