Rep. Nguyen Coercive Control Bill Passed Unanimously By Mass. House

Bill aims to protect survivors of abuse and exploitation, still needs Senate approval

A bipartisan bill (H.1547) filed by Tewksbury Rep. Tram T. Nguyen in partnership with Rep. Natalie Higgins (D-Leominster) and Sen. Michael Moore (D-Millbury) passed unanimously in the House on last week as part of a larger bill, H.4241, An Act to prevent abuse and exploitation.

The bill adds coercive control to the legal definition of abuse. Coercive control is a nonphysical form of abuse, which includes a pattern of behavior, or a single act intended to threaten, intimate, harass, isolate, control, coerce or compel compliance of a family or household member that causes the family or household member to fear physical harm or to have a reduced sense of physical safety or autonomy. Examples of coercive control include threatening to share explicit images, regulating or monitoring a family or household member’s communications and access to services, and isolating a family or household member from friends or relatives.

People whose partners exercise such controlling behavior are five times more likely to be murdered than other domestic violence victims, and almost all domestic homicide victims have a history of coercive control in their relationship. Rep. Nguyen was motivated to file this legislation by her experience as a legal services attorney representing clients who were experiencing coercive control but were unable to get vital legal protections like restraining orders because the courts did not recognize their partners’ vindictive and toxic behaviors as abuse.

“This bill is personal to me as an attorney who has represented many survivors who suffered emotional and mental trauma and financial devastation through fear and manipulation,” said Nguyen. “Domestic violence is not always physical violence, sometimes it’s much more insidious. Survivors and the courts need our help to update our laws to make it clear that coercive control is a type of domestic abuse that will not be tolerated.” 

Additionally, H.4241 modernizes Massachusetts’ outdated criminal harassment laws by criminalizing non-consensual sharing of explicit images of other people (“revenge porn ban”) and allowing survivors to seek harassment prevention orders. The bill also mandates the creation of an education diversion program for minors who engage in “sexting”, the sharing of sexually explicit content, replacing the current statute that requires offending minors to register as sex offenders and bear the weight of criminal charges.

“I want to thank Speaker Ron Mariano, Chair Aaron Michlewitz, and Chair Michael Day for advancing this transformative and bipartisan legislation,” said Nguyen of the bill’s passing. “I am grateful for colleagues who continue to fight fiercely on behalf of survivors, and the survivors and coalition advocates who have partnered with us in this critical work. Thousands of women, men, and children in our Commonwealth would be better able to take back control of their future if this bill is signed into law.”“

An Act to prevent abuse and exploitation” (H.4241) passed in the House of Representatives 151-0. It now goes to the Senate for their consideration.