Reproductive Coercion and Abuse: The Potential Protective Scope of Existing Family Violence Legislation in Australia

Abstract

Reproductive coercion and abuse (RCA) removes or reduces reproductive autonomy and decision-making. RCA-focused research is mostly situated within a health care perspective, with much less focus on sociolegal or criminological considerations. This article reports a summary of findings from an examination of existing Australian family violence legislation to discern whether these provisions could facilitate improved responses to RCA. The study analyzed whether and how RCA is reflected within legislative definitions of family violence across Australia, to determine their potential protective scope. The state of South Australia is the only jurisdiction to provide explicit reference to behaviors regarded as RCA, but many definitions within the family violence legislation in other jurisdictions implicitly cover RCA. While such implicit coverage may hinder the recognition of RCA as a form of family violence, it may also provide sufficient flexibility to enable RCA to be addressed through the legal application of current family violence policy and legislation-with consequential potential benefits for the identification and support of victim-survivors.

Keywords: family violence; family violence legislation; intimate partner violence; reproductive coercion; reproductive coercion and abuse.