Do We Need a Specific Domestic Violence Offence?

39 (2) Melbourne University Law Review 434-471

38 Pages Posted: 28 Apr 2016

See all articles by Heather Douglas

Heather Douglas

The University of Queensland - TC Beirne School of Law

Date Written: 2015

Abstract

This article considers whether a specific domestic violence offence is needed in Australian criminal law that can recognise the ongoing, controlling and coercive nature of domestic violence. The recent introduction into English and Welsh law of a ‘controlling or coercive’ behaviour offence that is designed to apply to offences committed in the context of domestic violence provides a good opportunity to extend the discussion in Australia. After a brief overview of the difficulties and concerns associated with prosecuting domestic violence as a criminal offence, this article reflects on recent law reform processes and outcomes in England and Wales. The article then considers the approach to the criminalisation of domestic violence in the United States of America before turning to examine criminal law offences in Australia. The article concludes by proposing the introduction of a new offence.

Keywords: Domestic violence

JEL Classification: K00

Suggested Citation

Douglas, Heather, Do We Need a Specific Domestic Violence Offence? (2015). 39 (2) Melbourne University Law Review 434-471. Available at SSRN: https://ssrn.com/abstract=2764078

Heather Douglas (Contact Author)

The University of Queensland - TC Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
79
Abstract Views
529
rank
330,770
PlumX Metrics