Protecting Victims of Coercive Control in the Law: Should New Zealand follow the Scottish Approach?

Abstract

Over the past two decades, many jurisdictions have begun to enact offences which criminalise non-physical abuse, including coercive and controlling behaviour. These offences are intended to capture the long-term patterns of harm that IPV victims suffer, as opposed to isolated events of violence. Since the radical legislative reform of England and Wales in 2015, where the Serious Crime Act established the s 76 offence of coercive or controlling behaviour, several European countries have followed suit. One such example is the Domestic Abuse (Scotland) Act 2018 which introduces a wide-reaching offence of “abusive behaviour”. This article discusses whether New Zealand should follow Scotland’s lead and adopt a similar offence. It discusses the benefits such an offence could offer, as well as the challenges that must be overcome in order for its implementation to be effective. The Scottish offence has inspired other jurisdictions because it is able to capture a wide range of abusive behaviours, thus reflecting the lived experiences of victims. New Zealand should seriously consider taking a similar approach, if it is to address the vast gap in the law’s response to intimate partner violence.