Doing More, Doing Better? A Critique of the Criminalization of Coercive Control

Canada recently stood on the verge of ushering in a new criminal offence related to coercive control in the context of intimate relationships. In this paper, we critically evaluate this development, drawing out lessons from past criminalization efforts (particularly their impact on Black women and communities). Our analysis raises significant questions about the potential of the proposed offence to deliver on the promises held out by politicians and frontline advocates. We argue that not only will these promises go largely unrealized, but the ongoing harms of criminalization will be intensified. Marginalized women and communities are the least likely to benefit, and the most likely to be harmed. While we argue against criminalizing coercive control, we maintain that it is essential that all legal system actors acquire a deep understanding of coercive control that attends to how multiple structures of oppression intersect to shape the tactics of coercive control, differentially distribute supports and resources, and limit the space for survivors to take action.

Publication Details

Journal
eYLS (Yale Law School)
Published
2025-02-05
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

Doing More, Doing Better? A Critique of the Criminalization of Coercive Control

eYLS (Yale Law School)
Criminal Justice and Corrections Analysis
article

Doing More, Doing Better? A Critique of the Criminalization of Coercive Control

article en

Abstract

Canada recently stood on the verge of ushering in a new criminal offence related to coercive control in the context of intimate relationships. In this paper, we critically evaluate this development, drawing out lessons from past criminalization efforts (particularly their impact on Black women and communities). Our analysis raises significant questions about the potential of the proposed offence to deliver on the promises held out by politicians and frontline advocates. We argue that not only will these promises go largely unrealized, but the ongoing harms of criminalization will be intensified. Marginalized women and communities are the least likely to benefit, and the most likely to be harmed. While we argue against criminalizing coercive control, we maintain that it is essential that all legal system actors acquire a deep understanding of coercive control that attends to how multiple structures of oppression intersect to shape the tactics of coercive control, differentially distribute supports and resources, and limit the space for survivors to take action.

eYLS (Yale Law School)
Gender equality
Openalex Percentile: Top 40%
Criminal Justice and Corrections Analysis
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