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Is Gaslighting Illegal in NSW?

is gaslighting illegal | Justice Family Lawyers

Have you ever been made to doubt your own memory? Question your sanity? If someone in your life repeatedly manipulates you into feeling like your perceptions are wrong, it might not be your imagination. 

This is gaslighting, and it’s a serious form of emotional abuse. Gaslighting isn’t explicitly illegal in Australia. However, this is set to change in July 2024 with new laws criminalising Coercive Control.

What exactly is gaslighting? 

Gaslighting is a form of psychological manipulation and abuse in which one person works to sow seeds of doubt in a targeted individual or group, aiming to make them question their memory, judgement, and perception of reality.

The term stems from the 1944 film “Gaslight,” where a husband manipulates his wife into believing she’s losing her mind.

Common Gaslighting Techniques

  • Denying and Contradicting: The abuser blatantly denies previously agreed-upon events or minimises the victim’s feelings (“That never happened,” “You’re imagining things”).
  • Withholding: The gaslighter refuses to communicate, share information, or emotionally engage, making the victim feel isolated.
  • Trivialising: Minimising the victim’s feelings, concerns, and experiences (“You’re overreacting,” “You’re making a big deal out of nothing”).
  • Diverting: Instead of addressing the problem, the gaslighter changes the subject, blames the victim, or questions their credibility.
  • Projecting: Attributing their negative traits or behaviours to the victim.
  • “Countering”: Presenting false information or manufactured “evidence” to dismantle the victim’s version of reality.

Also read: Evidence That Cannot Be Used in Court

The Impact of Gaslighting

The goal of gaslighting is to make someone doubt their sanity, leading to:

  • Confusion, self-doubt, and difficulty trusting one’s instincts.
  • Feeling the need to apologise constantly.
  • Second-guessing one’s memories, and decisions.
  • Difficulty making choices for fear of being ‘wrong’.
  • Withdrawing from friends and family as distrust in personal perceptions increases.
  • Anxiety, depression, and a decrease in self-esteem.

Is gaslighting considered domestic abuse in Australia?

Yes, gaslighting can be considered domestic abuse in Australia. Here’s why:

  1. Broad Definition of Domestic Abuse: In Australia, domestic and family violence isn’t limited to physical violence. It encompasses various behaviors designed to control or dominate another person in an intimate or family relationship. This includes psychological, emotional, verbal, social, and financial abuse.
  2. Gaslighting as Emotional Abuse: Gaslighting aligns with the characteristics of emotional abuse. It deliberately erodes a person’s self-esteem, sense of reality, and independence, creating a power imbalance in the relationship.
  3. Coercive Control: Gaslighting is often a central tool used within a broader pattern of control called coercive control. This form of abuse involves a system of manipulative and often subtle tactics to isolate, intimidate, and control a victim. In recent years, Australian states like New South Wales and Queensland have made moves to specifically criminalise coercive control.

If you’re currently experiencing coercive control, it can be beneficial to consult with an expert AVO lawyer. A lawyer with expertise in AVOs can guide you through your rights and the legal options available for your protection.

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Are there specific laws against gaslighting in NSW? 

While there isn’t a law in NSW that uses the exact term “gaslighting”, there have been important recent legal developments to address this kind of abuse:

  • Coercive Control Legislation: In late 2022, NSW became the first Australian state to propose the criminalisation of coercive control specifically. Coercive control refers to a pattern of behaviours designed to dominate and control another person in an intimate relationship. Gaslighting tactics are frequently a core element of coercive control.
  • The Coercive Control Law: From July 2024, coercive control will become a criminal offence in NSW with a maximum penalty of 7 years imprisonment.

Important Considerations:

  • Proving Intent: Prosecutors will need to show clear evidence that the abuser’s actions were intended to control the victim. This is why keeping notes, screenshots, and any other potential evidence of coercive control including gaslighting behaviours becomes vital.
  • Not All Situations Covered: The coercive control law applies only to intimate partners. Gaslighting can occur in other relationships (workplace, etc.), which might not be as easily prosecuted under this specific law.

How are the laws about coercive control changing to protect against gaslighting? 

Here’s a breakdown of how laws addressing coercive control are evolving to provide better protection against gaslighting in Australia:

Criminalising Coercive Control

Several Australian states, including New South Wales, Queensland, and Tasmania, have either criminalised coercive control or are introducing such legislation.

These laws are intended to protect victims from the insidious and ongoing pattern of manipulation, intimidation, and controlling behaviours, of which gaslighting is often a significant component.

According to the law, beginning July 2024, it will be illegal in NSW to use violent behavior toward a current or past personal partner to control or force them to do something. This is called coercive control.

Broader Definition of Abuse

Coercive control laws challenge the outdated perception that domestic abuse is only physical violence.

They acknowledge that psychological control tactics like gaslighting can have equally devastating and long-lasting impacts.

Focus on Patterns of Behavior

Coercive control looks beyond single incidents, as gaslighting frequently operates through subtle and repeated techniques.

These laws target the cumulative effect of the manipulation, which aims to undermine the victim’s sense of autonomy and reality.

Increased Awareness and Understanding

The focus on coercive control legislation raises awareness of gaslighting tactics among the public, victim support services, and the legal system.

This fosters a greater understanding of the nature of this abuse and how to seek appropriate help.

Changing the Narrative

Victims of gaslighting often have their experience minimised or dismissed.

These legal changes help validate their trauma and acknowledge that gaslighting is a serious form of abuse.

Key Points:

  • While a direct “anti-gaslighting” law may not yet exist, coercive control laws are a promising step forward.
  • The evolving legal landscape better reflects the complex, harmful nature of gaslighting and similar emotional abuse tactics.

How to Respond to Gaslighting

When confronted with gaslighting, it’s important to prioritize your well-being and maintain a sense of self. Remember, you are not responsible for the gaslighter’s behavior, but you are responsible for how you respond. By employing effective strategies, you can protect yourself and regain control. Here are some key ways to respond to gaslighting:

  1. Maintain composure: When facing gaslighting, stay calm and avoid getting drawn into arguments or attempting to prove your point. The gaslighter aims to destabilize you, so maintaining composure prevents them from achieving their goal.
  2. Affirm your reality: Clearly and assertively state what you know to be true. Use phrases like “I remember it differently,” or “This is how I experienced it.” Don’t let the gaslighter invalidate your feelings or experiences.
  3. Set boundaries: Clearly communicate your boundaries to the gaslighter. Make it clear that their behavior is unacceptable and you won’t tolerate it. If they continue, disengage from the conversation or leave the situation.
  4. Document instances: Keep a record of specific gaslighting incidents, including details like date, time, location, what was said, and how you felt. This provides evidence for yourself and can be helpful if you seek professional support.
  5. Seek validation from others: Confide in trusted friends, family, or a therapist about what you’re experiencing. They can provide an objective perspective, confirm your reality, and offer emotional support.
  6. Focus on self-care: Gaslighting can take a toll on your mental and emotional well-being. Prioritize self-care activities like exercise, healthy eating, getting enough sleep, and engaging in hobbies that bring you joy.
  7. Consider professional help: A therapist or counselor can help you understand the dynamics of gaslighting, develop coping strategies, and rebuild your self-esteem. They can also provide tools for setting boundaries and communicating effectively.
  8. Disengage if necessary: If the gaslighting persists and negatively impacts your mental health, consider distancing yourself or ending the relationship with the person. Your well-being is paramount, and sometimes removing yourself from the toxic situation is the best course of action.

Is Gaslighting Illegal? Answers, Understanding, and Your Rights

Gaslighting can leave you confused, isolated, and questioning your sanity. If you’re enduring this insidious emotional abuse, understand that the law is increasingly catching up.

At Justice Family Lawyers, we have in-depth experience with the complexities of coercive control within relationships.

Don’t face this alone – Contact us for a compassionate and confidential consultation to explore your options.

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