The use of fire and threats to burn in the context of domestic and family violence and coercive control

ABSTRACT

Fire can be harnessed by abusive partners or ex-partners in their efforts to maintain and regain control in an abusive relationship. Reports about the use of fire in the context of domestic and family violence are not uncommon in the media, with incidents of house fires, burning cars and using fire to kill or cause harm and threats to burn ex-partners and children being regularly reported. This article analyses 49 reported legal cases where the offender has been found guilty of a criminal offence when they used or threatened to use fire to cause harm in the context of domestic and family violence. It considers how fire is used in abusive relationships to exert control, and it examines the co-occurrence of mental health and drug misuse issues in the cases. The article concludes that fire departments are an important part of the domestic and family violence safety system. It also identifies that the use of fire as a tool of abuse in the context of domestic and family violence is under-examined in Australia and makes some suggestions for further research.

KEYWORDS:

• Arson
• coercive control
• domestic violence
• dousing
• fire
• risk

Acknowledgments

Thanks to Jessica Downing-Ide for research assistance. This paper was originally presented at the Criminal Law Researchers Forum in Sydney, in 2022, and I thank the commentators for their helpful comments, especially Stella Tarrant. I also thank the two anonymous reviewers for their helpful suggestions.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 For definitions of DFV in civil protection order legislation, see Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 11; Domestic and Family Violence Act 2007 (NT) s 5; Intervention Orders (prevention of Abuse) Act 2009 (SA) s 8. Note that several jurisdictions (Australian Capital Territory, Queensland, Victoria, Tasmania and Western Australia) include coercive and/or controlling behaviour in the definition of DFV, see Family Violence Act 2016 (ACT) s 8; Domestic and Family Violence Protection Act 2012 (Qld) s 8; Family Violence Act 2006 (Tas) s 7; Family Violence Protection Act 2008 (Vic) s 5; Restraining Orders Act 1997 (WA) s 5A.

2 For example, in Victoria, see Crimes Act 1958 (Vic) s 197 (Arson/destroying or damaging property); s 197A (Arson causing death); s 16 (Causing serious injury intentionally); s 198 (threats to destroy property); s 22 (Conduct endangering life).

3 The crime of arson is included in the following statutes: Crimes Act 1900 (ACT) s 117; Criminal Code 1899 (Qld) s 461; Criminal Code Act 1983 (NT) s 243, s 85; Criminal Code Act 1924 (Tas) s 268; Crimes Act 1958 (Vic) s 197, s 197A. See also Ferzan (2009, p. 99) about the lack of need of this specific crime given it is essentially repetitive of other offences.

4 Note also in NSW, Crimes Act 1900 (NSW) s 196 (Intending by destruction or damage to cause bodily injury by fire).

5 Commonly, South Asian countries have criminalised acid attacks (Lelliot et al., 2021). See: Crimes Act 1961 (NZ) s 199; Acid Offense Prevention Act 2002 (Bangladesh); Pakistan Penal Code 1860 (Pakistan) s 336A, s 336B; Indian Penal Code 1860 (India) s 326A; Law on Regulating Concentrated Acid 2012 (Cambodia).

6 In the sample there were cases from all Australian jurisdictions: Australian Capital Territory n = 4; New South Wales n = 8; Queensland n = 11; South Australia n = 2; Tasmania n6; Victoria n = 15; Western Australia n = 3.

7 Crimes Act 1900 (NSW) s 47 (Using etc explosive substance or corrosive fluid etc); s 33B(1)(a) (Use or possession of weapon to resist arrest etc’); s 30 (Attempts to murder by other means); Crimes Act 1959 (Vic) s 23 (Conduct endangering persons); Criminal Code 1899 (Qld) s 317 (Acts intended to cause grievous bodily harm and other malicious acts).

8 For example, see Crimes Act 1900 (ACT) s 31 (threat—5yrs); Criminal Code Act (NT) s 187 (assault—5yrs); Crimes Act 1900 (NSW) s 61 (assault—2 years); Criminal Code 1899 (Qld) s 359 (threat—5years); Criminal Law Consolidation Act 1935 (SA) s 19(1) (assault—5 years); Criminal Code Act 1924 (Tas) s 182 (assault—12 months); Criminal Code Compilation Act 1913 (WA) s 338B (threat—3 yrs).