The New South Wales Premier, Chris Minns, has announced a series of reforms aimed at strengthening legal responses to family violence in the state. These reforms come in the wake of the alleged murder of Molly Ticehurst by her former partner earlier this year. One of the key aspects of the reforms is the revision of stalking laws in order to address the use of technology, such as GPS trackers, in cases of family violence.
While these changes to stalking laws are a step in the right direction, they may not be sufficient to tackle the widespread use of technology to stalk and harass individuals, particularly women. The main issue is that law enforcement and the courts often fail to take tech-facilitated family violence seriously.
Tech-facilitated abuse refers to the use of mobile phones and other digital technologies to harass, monitor, abuse, cause fear, or inflict harm on someone. It is a prevalent issue, with nearly half of all Australian adults experiencing some form of tech-facilitated abuse in their lifetime.
Examples of tech-facilitated abuse include hacking smart speakers to eavesdrop on private conversations and using GPS tracking devices to monitor someone’s whereabouts. The NSW Crime Commission revealed that 25% of people who purchased tracking devices in the past 18 months had a history of domestic and family violence.
Research has identified several key features of tech-facilitated family violence. It often occurs alongside other forms of abusive behavior from a current or former partner, such as controlling behaviors and physical assault. Women who are victims of tech-facilitated abuse in the context of family violence also experience high levels of distress and fear for their physical safety.
One concerning finding from the research is that victim-survivors often report being turned away by the police when they try to report and seek assistance. Even those with protection orders in place find that police are reluctant to charge perpetrators for breaching the order unless it involves physical assault or trespassing.
The proposed reforms in NSW aim to clarify that stalking laws encompass technologically assisted means of abuse. Other states in Australia, such as Victoria, have already made similar changes to their stalking laws. The reforms also include new offenses for serious and repeated breaches of protection orders and an overhaul of bail decisions for those accused of serious domestic violence offenses.
However, for tech-facilitated abuse to be effectively addressed, it is crucial for the police and courts to take it seriously. The National Plan to End Violence against Women and Children 2022–2032 emphasizes the need to hold perpetrators accountable. Programs to help abusers change their behavior are also necessary. Proper implementation of the actions outlined in the National Plan, including investing in well-trained police, specialist courts, legal services, and programs to change abuser behavior, is essential to combat family violence in all its forms.
It is unacceptable for victim-survivors to continue facing harassment from their abusers while feeling abandoned by the legal and support systems. The National Sexual Assault, Family and Domestic Violence Counselling Line (1800 RESPECT) is available 24/7 for Australians who have experienced or are at risk of family and domestic violence or sexual assault.