Alternative constructions of a family violence offence

Abstract

The crime of torture was introduced into the Queensland Criminal Code in 1997. While initially this crime was introduced to respond to a gap in the criminal justice response to child abuse, it has since been used on many occasions in response to cases involving domestic and family violence. This chapter tracks the introduction of the crime of torture into Queensland law and reviews case law and sentencing data to show how it has been applied in the context of domestic and family violence. In the context of increased recognition of the serious impact of non-physical forms of family violence, it shows how the crime of torture can be applied to cases of domestic and family violence that do not involve physical abuse. Drawing on case studies, the chapter also identifies shortcomings of the offence and explores the possibility of the introduction of a less serious version of the offence.