Unseen Dangers: The Rising Threat of Tracking Devices in Domestic Violence Cases
The NSW Crime Commission has recently spotlighted the grim reality of tracking device misuse in domestic and family violence across New South Wales.
Domestic and family violence perpetrators use tracking devices to gain information about the victim’s whereabouts for the purpose of intimidating, stalking, or humiliating them – with many perpetrators making the victim aware that they are being tracked. Perpetrators also location data from tracking devices to threaten to or to carry out violence against the victim or their family.
While the use of such devices without consent is already a criminal offence in New South Wales, Queensland lags behind with less stringent regulations, although the use of tracking devices could be seen as conduct which could form part of other offences such as breach of domestic violence order, stalking or coercive control, which will become an offence in Queensland in 2025.
Disturbing Trends and Statistics
The use of digital technologies to track and control individuals in intimate relationships is on the rise. According to a 2020 report by the Women’s Services Network’s (WESNET), there was a staggering 245% increase in domestic and family violence victims being tracked via GPS apps or devices from 2015 to 2020. The NSW Crime Commission’s findings are equally alarming: of the offenders charged with the unlawful use of tracking devices in New South Wales between 2010 and 2023, 82% were linked to domestic violence incidents.
Critical Periods and Risks
Research suggests that the most perilous time for domestic and family violence victims is immediately following a separation, with 58% of intimate partner homicides occurring post-separation.
The New South Wales Commission found that 75% of offenders charged with domestic and family violence tracking device offences started tracking the victim following a separation. For nearly two-thirds these offenders, the tracking commenced within a 3-month period after separation.
Tracking often starts or intensifies during this vulnerable period, indicating an increased risk of severe or even lethal outcomes.
Technological Developments and Legal Implications
New technologies from companies like Apple and Google have introduced features to detect and alert users to the presence of unknown tracking devices. These developments, part of the broader “Detecting Unwanted Location Trackers” initiative, mark a significant step in helping potential victims become aware of such covert surveillance efforts.
The persistent and often underreported use of tracking devices in domestic violence cases presents a clear and present danger to victims. As legal frameworks continue to evolve, both public awareness and technological advancements are critical in combating this invasive form of abuse. The legal community, particularly those working in family law and domestic violence advocacy, must stay informed and vigilant, using every tool at their disposal to protect the vulnerable and bring perpetrators to justice.
For further details and insights, access the full NSW Crime Commission report here.
We strongly encourage anyone affected by these issues, or anyone who knows someone who might be at risk, to reach out for support and guidance. Our firm is committed to providing legal assistance to protect and empower victims of domestic violence. Please contact us directly via phone on 07 3179 6680, by email to hello@powellfamilylaw.com.au, or through our website to schedule a confidential consultation.
