Coercive control : to criminalize or not to criminalize? Julia R. Tolmie
By: Tolmie, Julia.
Material type: ArticleSeries: Criminology & Criminal Justice.Publisher: Sage, 2017Subject(s): COERCIVE CONTROL | CRIMINAL LAW | DOMESTIC VIOLENCE | INTIMATE PARTNER VIOLENCE | JUSTICE | LAW REFORM | NEW ZEALAND | UNITED KINGDOMOnline resources: Read the abstract | Special issue contents In: Criminology & Criminal Justice, 2018, 18(1): 50-66Summary: Criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to match the operation and wrong of intimate partner violence. This article raises the question as to whether other jurisdictions should follow suit. It argues that the successful implementation of such an offence may require a complexity of analysis that the criminal justice system is not currently equipped to provide and will require significant reforms in practice and thinking. If it is not successful such an offence could conceivably operate to minimize the criminal justice response to intimate partner violence and be used to charge primary victims. (Author's abstract). This article appears on a special issue of Criminology & Criminal Justice on coercive control - follow the link to see other articles in this issue. Record #5709Criminology & Criminal Justice, 2018, 18(1): 50-66
Criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to match the operation and wrong of intimate partner violence. This article raises the question as to whether other jurisdictions should follow suit. It argues that the successful implementation of such an offence may require a complexity of analysis that the criminal justice system is not currently equipped to provide and will require significant reforms in practice and thinking. If it is not successful such an offence could conceivably operate to minimize the criminal justice response to intimate partner violence and be used to charge primary victims. (Author's abstract). This article appears on a special issue of Criminology & Criminal Justice on coercive control - follow the link to see other articles in this issue. Record #5709