Is Coercive Control a Criminal Offence in South Australia?

South Australia has enacted legislation creating a standalone criminal offence of coercive control. However, as at 1 November 2026, that offence has not commenced.

The Criminal Law Consolidation (Coercive Control) Amendment Act 2025 received Royal Assent on 11 September 2025.

When commenced, the legislation will insert section 20C into the Criminal Law Consolidation Act 1935 (SA).

Until commencement, a person cannot be prosecuted for the new standalone section 20C offence.

However, behaviour described as coercive control may already amount to other criminal offences, including assault, unlawful threats, stalking and harassment, or contravention of an intervention order.

What Will the Prosecution Need to Prove?

Under the enacted section 20C, once commenced, the prosecution will need to establish beyond reasonable doubt that:

1. Course of conduct: The accused engaged in a course of conduct consisting of behaviour that had, or that a reasonable person would consider likely to have, a controlling impact on another person.
2. Intention: The accused intended the course of conduct to have a controlling impact on the other person.
3. Relationship: The accused and the other person were, or had previously been, in a relationship recognised by the legislation.
4. Likelihood of harm: A reasonable person would consider the course of conduct likely to cause physical or psychological harm, whether temporary or permanent.

The prosecution will not necessarily need to establish that the alleged victim actually suffered physical injury or psychological harm.

The legislation also does not require proof that the accused intended every individual act making up the course of conduct to have a controlling impact.

The conduct must be considered as a whole.

What is Considered a Controlling Impact?

Under section 20B, behaviour will be taken to have a controlling impact if it restricts one or more specified aspects of another person's life.

These include:

• Freedom of movement or action;
• Participation in social, political, religious, cultural, educational or economic activities;
• Decisions concerning their own body, including reproductive choices, medical treatment or sexual activity;
• Access to the justice system;
• Access to basic necessities such as food, water, sleep or hygiene;
• Access to support services, including welfare, health practitioner and legal services; and
• Access to property owned by the person or their place of residence.

Restrictions may arise through physical, verbal or psychological restriction, removing a person's means of doing something, deception, or other behaviour that significantly impairs their ability to do something.

The effect of the alleged conduct must be assessed in its overall context.

What Relationships Are Covered by the New Coercive Control Offence?

The new legislation applies to current and former intimate relationships.

Under section 20B, the relevant relationships are:

• Married couples;
• People engaged to be married, including betrothals under cultural or religious traditions;
• Domestic partners; and
• Other intimate personal relationships in which the parties' lives are interrelated and the actions of one affect the other.

The offence is not limited to people who live together.

Former partners are also covered.

However, the offence does not automatically extend to every family, friendship or household relationship. The prosecution must establish that the parties fall within the statutory definition.

What is the Maximum Penalty for Coercive Control?

Once section 20C commences, the maximum penalty for coercive control will be:

Seven years' imprisonment.

There is no separate fine specified as the maximum penalty for this offence.

The maximum sentence does not mean that every person convicted will receive seven years' imprisonment.

A court will consider the circumstances of the offending, its seriousness, its impact and the offender's personal circumstances when determining sentence.

The legislation also requires a sentencing court to consider the effect of the offending on any child who witnessed or was affected by the conduct, so far as that effect is known to the court.

Does Coercive Control Require Physical Violence?

No.

The new offence is designed to capture controlling behaviour that may occur without physical assault or visible injury.

Psychological abuse, financial restrictions, isolation and intimidation may form part of the alleged course of conduct.

However, the prosecution must still prove the required controlling impact, intention, relationship and likelihood of harm.

The legislation defines psychological harm as mental illness, nervous shock, or serious distress, anxiety or fear.

What Defences Will Be Available?

Once the new offence commences, several issues may arise in defending an allegation.

1. Denial of the Alleged Conduct

The accused may dispute whether the alleged conduct occurred or challenge the reliability of the evidence.

2. Absence of Intention to Control

The accused may contend that they did not intend the course of conduct to have a controlling impact on the other person.

3. No Controlling Impact

The defence may dispute whether the conduct had, or would reasonably be considered likely to have, a controlling impact within the meaning of section 20B.

4. No Qualifying Relationship

The accused may argue that the relationship did not fall within the statutory definition.

5. Conduct Not Likely to Cause Harm

The defence may challenge whether a reasonable person would consider the course of conduct likely to cause the physical or psychological harm required by the legislation.

6. Reasonableness Defence

Section 20C(3) expressly provides a defence where the defendant proves that the alleged course of conduct was reasonable in all the circumstances.

Whether that defence is available will depend on the particular conduct, its context and the supporting evidence.

Unlike the ordinary prosecution elements, the legislation places the burden of proving this statutory defence on the defendant.

Can Ordinary Relationship Disagreements Amount to Coercive Control?

Not necessarily.

Relationships commonly involve disagreements about finances, parenting arrangements, household responsibilities and other personal matters.

The existence of disagreements does not, by itself, establish coercive control.

The legal question is whether the accused engaged in a course of conduct satisfying all the elements of section 20C.

For example, a disagreement about household spending is not automatically coercive control. However, a pattern of deliberately preventing a partner from accessing money or financial resources may raise different considerations.

The distinction will depend on the nature, purpose and overall effect of the conduct.

Can I Be Charged with Coercive Control and Other Criminal Offences?

Once the new legislation commences, yes.

Section 20C allows a person to be charged with coercive control and another offence arising from conduct forming part of the alleged course of conduct.

For example, allegations might involve both coercive control and:

• Assault;
• Unlawful threats;
• Stalking or harassment;
• Choking, suffocation or strangulation; or
• Other relevant criminal offences.

A person may potentially be convicted and sentenced for both offences.

However, the legislation requires a sentencing court to take account of any sentence already imposed for the same behaviour, to avoid inappropriate double punishment.

Can I Be Subject to an Intervention Order for Coercive Control?

Yes.

Even before the commencement of section 20C, controlling or abusive behaviour may support an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA).

An intervention order may impose conditions restricting a person's contact with another person, attendance at certain locations or other conduct.

A person may face intervention order proceedings even if no criminal charges have been laid.

Contravening an intervention order can itself constitute a criminal offence.

If an intervention order has been made against you, it is important to comply with its conditions and obtain legal advice about your options to defend, vary or revoke the order.

What Evidence Might Police Rely Upon?

Investigations into alleged coercive control may involve evidence covering an extended period.

Police may examine:

• Text messages, emails and social media communications;
• Records of telephone calls;
• Financial records and bank transactions;
• Evidence of monitoring or tracking;
• Statements from family members, friends or other witnesses;
• Medical or psychological evidence;
• Police records and previous complaints; and
• Evidence relating to intervention orders or earlier incidents.

The prosecution may rely on the cumulative effect of different behaviours rather than one isolated incident.

An experienced criminal lawyer can examine the evidence, identify inconsistencies and advise whether the prosecution can establish the elements of the offence.

Will the New Coercive Control Laws Apply Retrospectively?

The new section 20C offence will not generally criminalise conduct completed before the offence commenced.

However, particular issues may arise where an alleged course of conduct extends across the commencement date.

Conduct occurring before commencement may also be relevant to other existing criminal offences or intervention order proceedings.

Legal advice should be obtained where the dates of the alleged conduct affect criminal liability.

What Should I Do if I Am Accused of Coercive Control?

If you have been accused of coercive control or related domestic violence offences, you should seek legal advice before participating in a police interview.

You should also:

• Comply with any intervention order or bail conditions;
• Preserve relevant communications and other evidence;
• Avoid contacting a protected person contrary to any existing order; and
• Obtain advice about your rights and the investigation.

Do not delete or alter potentially relevant evidence.

Early legal advice can assist in identifying the allegations, protecting your legal position and preparing an appropriate response.