Coercive control becomes criminal in Qld as parliament passes historic ‘Hannah’s Law’

Coercive control will become a crime in a second state after laws following the horrific domestic violence deaths of Hannah Clarke and her children passed.

Blake Antrobus  March 6, 2024  news.com

Coercive control will become a criminal offence in Queensland after historic laws driven by the deaths of Hannah Clarke and her children were passed in parliament.

Sue and Lloyd Clarke, who lost their daughter and grandchildren in a horrific firebombing attack at the hands of Hannah’s estranged ex-husband Rowan Baxter in February 2020, said the changes were a “mighty” step to empowering women across the state in the fight against domestic violence.

Their daughter’s death sparked a widespread outpouring of grief and broader commentary on the effectiveness of frontline services in combating domestic, family and sexual (DFS) violence, as well as coercive control.

Hannah Clarke and her children were murdered at the hands of her abusive estranged ex-husband Rowan Baxter in 2020.

Hannah’s parents Lloyd and Sue Clarke speak to the media after “Hannah’s law” was passed on Wednesday.

Sue Clarke became emotional discussing how Hannah’s legacy would “inspire” other states to empower and protect women and children.

“On behalf of Hannah, Aaliyah, Laianah and Trey, we welcome Queensland making a pursuit of justice against coercive control possible,” she said.

“We will continue to speak out until coercive control is criminalised throughout Australia.”

Unlike more overt forms of domestic violence, coercive control involves patterns of behaviours which include emotional, psychological and economic abuse, along with isolation, intimidation, sexual coercion and cyberstalking.

A coronial inquest into the deaths of Hannah and her children found Baxter displayed controlling and abusive behaviours towards his wife.

The deaths of Hannah Clarke and her children prompted a widespread outpouring of grief and shed light on the form of domestic violence known as coercive control.

Some of these included controlling what she wore and who she could see, demanding sex every night and berating her body image, in addition to assaulting her and stalking her after their separation.

On Wednesday, landmark reforms in the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 – colloquially referred to as “Hannah’s law” – concerning frontline services’ responses to DFS violence were passed by parliament.

The Clarkes, along with the family of Allison Baden-Clay in 2012, who was murdered by her husband Gerard, and members of the state’s Women’s Safety and Justice Taskforce, were major drivers of the legislative changes.

“The state government has listened to the lived experience of victims and survivors,” Mr Clarke said after the laws passed.

The new laws will come into effect from 2025.

“But now we must work together to educate Queenslanders to recognise coercive control red flags.”

Under the new reforms, set to come into effect next year, coercive control will carry a maximum penalty of 14 years’ jail.

The practice of stealthing – the non-consensual removing of a condom during intercourse – will also be recognised as rape.

Other changes include new jury directions for sexual offence proceedings in court, imposing a duty on the court to disallow improper question and introducing a new offence of engaging in domestic and family violence (DFV) to aid a respondent.

There will also be new aggravating factors for DFV offences and the establishment of a court-based perpetrator diversion scheme.

Queensland Premier Steven Miles said the historic legislation was a “monumental” announcement for women and girls in the state.

 “What we know is that coercive control is the most common factor that leads to domestic violence murders,” he said on Wednesday.

“We have made strides to help people identify and report coercive control and we know by criminalising this offence, even more lives will be saved.

Coercive control is also illegal in NSW.

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