On 26 May 2025, Queensland enacted landmark reforms under the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (“The Amendment Act”). These reforms, widely known as Hannah’s Law, criminalise coercive control as a standalone offence and introduce an affirmative model of consent in sexual offence cases.
The reforms are named in memory of Hannah Clarke and her three young children, tragically killed by domestic violence in 2020. Since then, Hannah’s parents, have been tireless advocates for change, determined that no other family should endure the safe fate.
Hannah’s Law marks one of the most significant shifts in Queensland’s criminal law in decades, aiming to recognise and prevent patterns of domestic violence before they escalate.
What Is Coercive Control?
Section 334C of the Criminal Code now defines coercive control as a pattern of abusive behaviour designed to isolate, intimidate, and dominate a partner. It can include:
- Emotional and psychological abuse
- Financial restriction or economic control
- Isolation from friends, family, or support networks
- Monitoring or surveillance, including cyberstalking
- Threats of harm to the victim or their loved ones
- Physical assaults or property damages as part of a wider pattern
To qualify, the behaviour must occur within a domestic relationship and be shown to be intentional and sustained. This section does not require any evidence that the coercive or controlling behaviour caused actual harm to the complainant. The offence carries a maximum penalty of 14 years’ imprisonment.
A narrow defence exists if the conduct was reasonable in the circumstances of the relationship, though the courts will determine what is “reasonable” over time as case law develops.
What Is Affirmative Consent?
The Amendment Act also brings in a new standard of affirmative consent for sexual offences. This means that:
- Consent must be actively and clearly communicated; silence or passivity is not enough.
- The defence of “mistake of fact” has been narrowed, making it harder for offenders to argue that they “assumed” consent.
- The Act explicitly criminalises stealthing (removing a condom during intercourse without consent).
This reform aligns Queensland with a growing national trend that shifts the burden towards ensuring that sexual activity is truly consensual.
Hannah’s Law in Practice: First Conviction
In August 2025, a Cairns man became the first person convicted under the new coercive control laws. He pleaded guilty to six offences, including coercive control, common assault, and wilful damage.
In his remarks, the Magistrate noted the complexity of sentencing without precedent but emphasise the long-term harm that coercive control can inflict. This early case demonstrates the seriousness with which Queensland courts will approach coercive control, even where physical violence is not the sole feature.
Case law for new Act is still emerging, however, the legislation defines coercive control as a course of conduct by an adult in a domestic relationship including de facto, who intends to coerce or control another person through repeated acts of domestic violence.
How Phoenix Law helps if you need support
At Phoenix Law, we understand that legal reforms like Hannah’s Law can be overwhelming. Especially for people from culturally and linguistically diverse (CALD) backgrounds.
For Victims
We assist clients in obtaining protection orders and navigating the criminal justice system. Our team can provide advice in various language to get their free consultation (up to 30 minutes). We understand sensitive matters such as domestic violence should be handled with compassion and discretion. When English is your second language, it is enormously overwhelming to navigate your legal options. Phoenix Law is always here to support you.
For Defendants
We defend individuals accused under the new laws, ensuring fair treatment and due process. Guidance on navigating the stricter requirements and defending against sexual offence allegations in various languages.
Conclusion
Hannah’s Law represents a turning point in Queensland’s legal response to domestic and sexual violence. By criminalising coercive control and introducing affirmative consent, the state has recognised that abuse extends beyond physical violence and that true consent must be explicit.
As the law develops through cases like the recent Cairns conviction, victims will have stronger protections, and offenders will face clearer consequences.
At Phoenix Law, we are committed to supporting clients, whether victims seeking safety or individuals navigating the complexities of these new offences. With multi-language expertise and a compassionate approach, we stand ready to help our diverse community understand and enforce their rights under Hannah’s Law.
