Domestic and Family Violence, Reproductive Coercion and the Role for Law

Abstract

While sexual abuse is increasingly well recognised as a form of domestic and family violence in Australian legal responses, the recognition and response to reproductive coercion is understudied and under-recognised. This article maps the behaviours and concepts associated with reproductive coercion. Focusing on civil protection orders and family law responses, two of the most commonly accessed responses to domestic and family violence, this article considers whether current legislative definitions and case law recognise reproductive coercion as a form of domestic and family violence. To understand better how reproductive coercion and sexual abuse are interrelated and how they manifest within violent relationships, the article draws on interviews with survivors of domestic and family violence. It concludes that while some legislative frameworks could potentially recognise and respond to reproductive coercion, there is an urgent need for improved understanding of reproductive coercion and the legal response particularly by those who work directly with battered women including police, lawyers and judicial officers.