Expert evidence on coercive control in support of self-defence: The trial of Teresa Craig

Abstract

This article uses the transcripts from an abused woman’s trial in Canada for first-degree murder of her husband to explore the expert testimony provided by Dr Evan Stark to support a potential defence of self-defence. His evidence focused on coercive control theory and provoked extreme resistance from Crown prosecutors, such that self-defence was ultimately removed from the jury’s consideration. The trial illustrates the advantages and challenges of using coercive control theory as well as its future potential.

The Criminalisation of Coercive Control: The Power of Law?

“…It will be useful to say a little about each of these in turn, though it is the last of these interventions which has provoked the most reform activity and contemporary academic interest. Sheehy (2018) offers a detailed analysis of efforts in the case of Teresa Craig in Canada to invoke coercive control as self-defence in her trial for the murder of her partner. This is an interesting case in itself since Evan Stark was brought to the court as an expert witness.…”

“…The court was clearly rather more familiar with psychiatrists and psychologists providing reports in respect of post-traumatic stress disorder and battered women's syndrome as part of the defence in cases of this kind; evidence of coercive control was new ground. Sheehy (2018) documents the difficulties this strategy posed for the court and suggests that, without the broader criminalisation of coercive control, it is a strategy unlikely to prove successful in Canada.…”

Understanding Intimate Partner Violence: Why Coercive Control Requires a Social and Systemic Entrapment Framework

“…This makes the concept of coercive control difficult to translate into legal and policy responses. Certainly, legal actors remain comfortable with traditional understandings of IPV, preferring to frame the issue in terms of the victim-survivor's mental health and distrusting expert testimony in court that does not come from psychologists and psychiatrists ( Liyanage v. Western Australia , 2017; Sheehy, 2018). The risk is that coercive control will be heard in the legal process simply as another way to understand what has gone into causing the victim's mental vulnerability (see R v. Challen , 2019).…”

Women and self-defence: an empirical and doctrinal analysis

“…45 In culmination, the result is that many accused (in all contexts) resolve their case by 41 Domestic Abuse (Scotland) Act 2018. 42 Sheehy (2018) discusses the opposite issue in Canada, where self-defence has been reformed but coercive control itself is not criminalised. way of a guilty plea being tendered to a reduced charge of culpable homicide.…”

“… 42 Sheehy (2018) discusses the opposite issue in Canada, where self-defence has been reformed but coercive control itself is not criminalised.…”