(An excerpt from Monash University)

The misidentification of family violence victim-survivors as perpetrators – or “predominant aggressors” – has been a topical issue over the past two years.

As various Australian states – New South Wales, South Australia and, most recently, Queensland – have shown support for the criminalisation of coercive control, some advocates have raised concerns about the potential for new laws to be used against victim-survivors by perpetrators.

However, with or without a new coercive control offence, misidentification is something already happening to women across Australia – particularly those who experience disadvantage and marginalisation, such as First Nations women, migrant and refugee women, and women living with disability.

Misidentification can occur in a range of contexts, but is primarily discussed in a legal context, where victim-survivors are misidentified on civil protection orders (called “family violence interventions orders” in Victoria), or face criminal charges, such as assault or property damage.

Police play a key role in misidentification, as it often occurs when responding officers make an incorrect decision as to who needs protection.

This decision may be influenced by:

• a misinterpretation of a victim-survivor’s use of self-defence
• discriminatory views about the victim-survivor (for reasons such as race, disability, gender, mental health, etc)
• police not obtaining necessary interpreters, and/or the perpetrator’s successful efforts to manipulate the police into believing that they are the person who needs protection.

Misidentification can have significant impacts on a victim-survivor’s access to safety, and can negatively impact other areas of the law that they may be engaged in, such as child protection and family law.