0

How will coercive control laws impact upon traditional and religious models of marriage in Queensland?

Take this example:

Fred belongs to the Entropine, a religious faith who operate a match-making website for members. Fred advertises:

“I am looking for my future wife. I want a traditional Entropine marriage. Non-negotiable for me are:
1.    One partner has been put in charge. The Entropes appointed the husband to act as a “guardian” over his wife. In return, his wife is expected to obey him.[1]
2.    Each partner has been assigned a particular role. Accordingly, man has been assigned to working outside the home as the breadwinner because of his greater physical strength and psychological abilities; likewise woman is physiologically and emotionally suited to bearing children and has been made responsible for their upbringing and maintaining the home. [1A] My wife will stay at home and not go out to work.
3.    Married women do not have male friends. [1B]
4.    Conjugal relations are a husband’s right and a wife’s duty. If a husband calls his wife to bed, and she does not come, she is cursed until he is happy with her again.[2] I have strong desires and I am looking for a wife with similar energy. I expect to have sexual intercourse at least 150 times in a year.”

Gita reads the ad, and comes to Australia to live with Fred.

Fred does not use physical force or threaten any consequences for breach of his expectations, except this: if his expectations are not met, he will end the relationship.

Has Gita been made subordinate to Fred? If so, her decision, despite it apparently being her desire, and an article of her religious faith, is never-the-less a continuing act of “domestic violence” as defined in the Bill.[3]

What does that say about the law’s treatment of Gita, as an adult, autonomous person entitled to make her own life choices?

Fred would argue that he hasn’t made Gita do anything. It’s hard to know how that question would be decided by a court.

Preventing a person from seeking employment is a stand-alone example given of “economic abuse” in the Bill.[4]

Preventing a person from making or keeping connections with their friends is a specific example of “emotional or psychological abuse” given.[5]

Are Fred’s expectations of sex life “sexually abusive”? If so, they may be a continuing act of DV, [6] and a basis for a charge of coercive control.

Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023

#vawg #coercivecontrol #elderabuse #psychologicalabuse #christianliving #christianmarriage #islamicvalues #hindumarriage #emotionalabuse #muslimwomen #muslimmarriage #relationships #marriage #qldpol #thisisqueensland #criminallaw #criminallawyer

[1] Cf Al-Quran, 4:34. Ephesians 5:22

https://www.alislam.org/book/pathway-to-paradise/islamic-marriage-system/

[1A] Cf https://www.alislam.org/book/pathway-to-paradise/islamic-marriage-system/

[1B] Cf https://www.quora.com/Should-Indian-wives-be-allowed-to-make-male-friends-after-marriage

[2] Cf Hadith of Abu Hurayrah reported by al-Bukhari, 4794
https://islamqa.info/en/answers/2006/can-a-wife-refuse-intimacy
[3] Proposed section 334B(2)(j) Criminal Code – clause 20 page 34 of the Bill
[4] Proposed section 334A Criminal Code clause 20 page 31 of the Bill
[5] Proposed section 334A Criminal Code – clause 20 page 31 of the Bill
[6] Proposed section 334B(1)(a) Criminal Code – clause 20 page 32 of the Bill.

Leave a Reply

Your email address will not be published. Required fields are marked *