The Criminalisation of Coercive Control: The Power of Law?

Making sense of intimate partner violence has long been seen through the lens of coercive control. However, despite the longstanding presence of this concept, it is only in recent years that efforts have been made to recognise coercive control within the legal context. This article examines the exte...

Full description

Bibliographic Details
Main Authors: Sandra Walklate, Kate Fitz-Gibbon
Format: Article
Language:English
Published: Queensland University of Technology 2019-11-01
Series:International Journal for Crime, Justice and Social Democracy
Subjects:
Online Access:https://www.crimejusticejournal.com/article/view/1205
_version_ 1818906047307317248
author Sandra Walklate
Kate Fitz-Gibbon
author_facet Sandra Walklate
Kate Fitz-Gibbon
author_sort Sandra Walklate
collection DOAJ
description Making sense of intimate partner violence has long been seen through the lens of coercive control. However, despite the longstanding presence of this concept, it is only in recent years that efforts have been made to recognise coercive control within the legal context. This article examines the extent to which the law per se has the power, or indeed the capacity, to respond to what is known about coercive control. To do so, it charts the varied ways in which coercive control has entered legal discourse in different jurisdictions and maps these efforts onto what is evidenced about the nature and extent of coercive control in everyday life. This article then places the legal and the everyday side by side and considers the unintended consequences of ‘coercive control creep’. In conclusion, it is suggested that the criminalisation of coercive control only serves to fail those it is intended to protect.
first_indexed 2024-12-19T21:33:01Z
format Article
id doaj.art-3841ffe7092149c29ba52e504d6731bf
institution Directory Open Access Journal
issn 2202-7998
2202-8005
language English
last_indexed 2024-12-19T21:33:01Z
publishDate 2019-11-01
publisher Queensland University of Technology
record_format Article
series International Journal for Crime, Justice and Social Democracy
spelling doaj.art-3841ffe7092149c29ba52e504d6731bf2022-12-21T20:04:52ZengQueensland University of TechnologyInternational Journal for Crime, Justice and Social Democracy2202-79982202-80052019-11-01849410810.5204/ijcjsd.v8i4.12051205The Criminalisation of Coercive Control: The Power of Law?Sandra Walklate0Kate Fitz-Gibbon1University of Liverpool, United Kingdom and Monash University, AustraliaMonash UniversityMaking sense of intimate partner violence has long been seen through the lens of coercive control. However, despite the longstanding presence of this concept, it is only in recent years that efforts have been made to recognise coercive control within the legal context. This article examines the extent to which the law per se has the power, or indeed the capacity, to respond to what is known about coercive control. To do so, it charts the varied ways in which coercive control has entered legal discourse in different jurisdictions and maps these efforts onto what is evidenced about the nature and extent of coercive control in everyday life. This article then places the legal and the everyday side by side and considers the unintended consequences of ‘coercive control creep’. In conclusion, it is suggested that the criminalisation of coercive control only serves to fail those it is intended to protect.https://www.crimejusticejournal.com/article/view/1205coercive controlintimate partner violencecriminal lawlegal discource
spellingShingle Sandra Walklate
Kate Fitz-Gibbon
The Criminalisation of Coercive Control: The Power of Law?
International Journal for Crime, Justice and Social Democracy
coercive control
intimate partner violence
criminal law
legal discource
title The Criminalisation of Coercive Control: The Power of Law?
title_full The Criminalisation of Coercive Control: The Power of Law?
title_fullStr The Criminalisation of Coercive Control: The Power of Law?
title_full_unstemmed The Criminalisation of Coercive Control: The Power of Law?
title_short The Criminalisation of Coercive Control: The Power of Law?
title_sort criminalisation of coercive control the power of law
topic coercive control
intimate partner violence
criminal law
legal discource
url https://www.crimejusticejournal.com/article/view/1205
work_keys_str_mv AT sandrawalklate thecriminalisationofcoercivecontrolthepoweroflaw
AT katefitzgibbon thecriminalisationofcoercivecontrolthepoweroflaw
AT sandrawalklate criminalisationofcoercivecontrolthepoweroflaw
AT katefitzgibbon criminalisationofcoercivecontrolthepoweroflaw