Coercive control laws: two years on, are they working?

Two years after NSW introduced laws against coercive control, the jury is still out on whether the legislation is a success. The laws, which made it an offence to engage in a pattern of abusive behaviour against a current or former partner, were hailed as a major step forward in the fight against domestic violence.

Samantha Bouffler's ex-partner, Callum Fairleigh, was sentenced to two years in prison under the new law in January, becoming the first person to be jailed for coercive control in NSW. Bouffler, 35, said she was relieved and validated by the sentence, but also acknowledged that she is still dealing with the consequences of the abuse every day.

The agreed facts in Fairleigh's case chronicled almost six months of abuse, including verbal abuse, property damage, and attempts to isolate Bouffler from her family and friends. Bouffler told the court that the psychological control was the most damaging, leaving her feeling worthless and hyper-vigilant.

"It doesn't just hurt, it completely dismantles you," she told the court. "It stripped me of my identity, shattered my confidence and poisoned every part of my life. He didn't just damage me; he destroyed the woman I was."

Despite the high hopes for the new laws, recorded incidents, charges, and convictions remain low. According to new data, NSW police recorded 682 reports of coercive control in the first 24 months of the offence, with 42 charges laid and four defendants sentenced.

Angie Gehle, policy and advocacy manager at DVNSW, said that the low number of charges and convictions is disappointing, and that the law may not be meeting the experiences of victim-survivors.

"I think there's been an expectation from the community that there would be a higher rate of charges in NSW and ultimately I don't think we've met those expectations," she said.

Professor Jane Wangmann, who researches legal responses to domestic violence at the University of Technology Sydney, said that a major concern is the huge disparity between reports of coercive control and domestic violence assaults. She suggests that the offence should eventually be expanded to include "recklessness".

"I would like the police to think it's actually a positive story for them," she said. "That if they're better trained to actually see what is potentially already available to them, they don't necessarily have to go and do something more."