William & Mary Journal of Race, Gender, and Social Justice
Abstract
In New Zealand, like in the United States, coercive control generally remains outside the purview of the criminal law. It is therefore crucially important that court personnel identify and respond appropriately to coercive control in family law proceedings. Their continued focus on discrete incidents of physical violence between adults conceals the patterned and gendered nature of most [interpersonal violence] in which women are victimized and the patriarchal context of male privilege that continues to dominate heterosexual relationships. The failure to identify coercive control contributes to victims’ entrapment and increases the risk of violence continuing post-separation.
Cases involving coercive control generally require substantial protections for victims and their children to be safe after separation. Research demonstrates that the most effective way to protect [family violence] victims from additional violence is a systemic response that prioritizes their safety and holds perpetrators accountable. If judges, lawyers, and psychologists who work in the [New Zealand] Family Court are not able to understand coercive control, they cannot protect victims and may expose them to further harm. Court professionals who fail to recognize and understand the harms that stem from coercive control inadvertently enable and collude with perpetrators.
This abstract has been adapted from the author's conclusion.