Conference presentation
Should non-physical family violence be prosecuted as stalking in Australia and New Zealand?
Australian and New Zealand Society of Criminology (ANZSOC) Conference, 30th (Canberra, Australia, 05-Dec-2017–08-Dec-2017)
2017
Abstract
Prohibiting non-physical family violence is a current priority in Australia and New Zealand. Examples of this form of violence include preventing a person from maintaining social or cultural connections, controlling and coercive behaviour and unauthorised surveillance. Many of these behaviours are indirectly criminalised in family violence legislation, and they are also directly criminalised in stalking laws, which apply irrespective of familial relationship. Consequently, there now appears to be considerable overlap between definitions of family violence and definitions of stalking in relation to protecting victims from mental harm. This presentation has three purposes. First, it analyses stalking laws across Australia and New Zealand to consider the degree to which they can be used to prosecute family violence. Second, it evaluates the circumstances in which it is appropriate to use this legislation for this purpose. Finally, it explores impediments to prosecuting family violence as stalking.
Details
- Title
- Should non-physical family violence be prosecuted as stalking in Australia and New Zealand?
- Authors
- Marilyn McMahon (Author) - Deakin UniversityKelley Burton (Author) - University of the Sunshine Coast - Faculty of Arts, Business and LawPaul McGorrery (Author) - Deakin University
- Conference details
- Australian and New Zealand Society of Criminology (ANZSOC) Conference, 30th (Canberra, Australia, 05-Dec-2017–08-Dec-2017)
- Date published
- 2017
- Organisation Unit
- School of Law and Society; Sexual Violence Research and Prevention Unit; School of Law and Criminology - Legacy
- Language
- English
- Record Identifier
- 99450785502621
- Output Type
- Conference presentation
Metrics
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