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When a woman experiences partner violence, her neighbours, friends and family can report even if she does not. Often, neighbours and families witness or experience violence or its threat because of their relationship or proximity to a victim. The more we all report is the more we empower police to respond and can hold them accountable for doing so.  

Reports of domestic violence do not require women to seek a protection order to ensure their safety. Threats and violence by partners and relatives are also criminal offenses, and police can immediately investigate and charge perpetrators.  

As the Coalition Against Domestic Violence has stated, “It is time that the police develop and implement a zero tolerance policy for domestic violence. If a serious offense has been committed or is threatened, the police must act independently, whether the victim cooperates or not”. 

Proposed amendments to the Domestic Violence Act include provisions for undertaking risk assessments. Upon reports being made, a risk assessment should be undertaken so that police can predict whether lethal harm is likely. A protocol should then be in place which connects with the courts, psychiatric intervention, and social services.  Police should also check perpetrators’ history of violence.

As Conflict Women’s recent press release reminded, Michael Maynard was charged with rape and released on bail in 2018. In February this year, after a history of violence, he killed his 8-year old daughter, Makeisha.  In response to a report by her mother, police were willing to go with Tricia Ramsaran-Ramdass to remove her belongings from the house. The TTPS press release states, “She never did, but instead, moved back into the same home with her spouse until her death on June 9th”. 

Perpetrators, not victims, should be removed from a home. Nonetheless, we must keep in mind that leaving a home does not guarantee that violence will end. Women are at greater risk when they begin to leave or have left, and threats and intimidation continue long after they attempt to end relationships. 

In the case of Tricia Ramsaran-Ramdass, she was fearful of a partner who killed one woman already. It had been years of torture. Her family was also vulnerable. Such terror can lead women to return to abusive partners repeatedly. 

Love, hope, forgiveness, guilt, loss of self and self-blame are always enmeshed in such decisions, but such complexity should never distract from the fact that responsibility for violence always lies with the perpetrator and, in many cases, his controlling practices, his beliefs in traditional gender roles and male dominance, his history of witnessing, experiencing or expressing violence, and triggers such as substance abuse.  

The proposed amendments also allow police to seek emergency protection orders electronically through judicial officers, enabling them to be granted quickly. They allow Interim Orders to be granted after the second hearing where adjournments are being sought by the court and/or respondent.  In 2017-2018, over one-third of more than 9000 applications were dismissed, 72% of adjournments were related to the unavailability of the magistrate, and only 29% resulted in a protection order. 

The amendments address the needs of victims who appear repeatedly at court and leave without even protection on paper. Expanded beyond cohabitation and marriage, the amended legislation will enable some persons in visiting and dating relationships to seek protection orders.

There are expanded protections for children, including those who are witnesses to domestic violence. Mandatory reporting to police is now required if domestic violence is being perpetrated against vulnerable groups, such as the elderly or persons with disabilities. Such reports should also be able to be made to the Division of Family Services and Children’s Authority. 

The Alliance for State Action to End Gender-based Violence, comprising over 20 civil society organisations, including The UWI, continues to call for the amendments to protect all persons who experience violence in a domestic context, regardless of family status or gender. To continue to exclude some from protection is to define who can share domestic space or have relationships. That is not the point of the DV Act. It should provide protection without discrimination. 

My condolences to the family of Tricia Ramsaran-Ramdass, 37 years old and mother of one. We should all commit to preventing such violence in whatever way we can. These amendments will be debated in Parliament next week.

The GBV Unit and Special Victims Department are important, but as yet underfunded, steps in the right direction. Where police and judiciary can improve, the only headlines should be about how much is possible and how soon.

Post 261.

16 Ways Activism Can End GBV

At the forum held on Friday, in collaboration with the Institute for Gender and Development Studies, and to kick off 16 Days of Activism to End Gender Based Violence, the Equal Opportunity Commission proposed changes to the Domestic Violence Act (Chp 45:56). Ten proposed changes are listed below:

  1. Remove the perpetrator from the home not the victim. Moving women to a shelter can derail children and women’s lives. What happens when their time at the shelter runs out? Some women return home to the abuse.
  2. Police must respond to all complaints. There are no penalties if police do not respond to all complaints. There are many stories of women who call for police help, but who wait in vain for them to come. Additionally, there should be a protocol for responding to all complaints. For example, a record should be made even if a woman is simply asking for police to warn her partner and isn’t yet ready for a charge to be laid or for a protection order.
  3. Amend definition of cohabitant to include same-sex relationships. Violence exists across relationships of different kinds, and all citizens have a right to violence-free homes.
  4. Police must charge for assaults and other crimes committed in domestic situations, and for breaches of Protection Order. When a woman goes to the police to report bruises from domestic violence, the police can charge perpetrators for assault, and begin criminal proceedings. What normally happens, however, is that police send women to a Justice of the Peace to begin her application for a protection order. Assault is assault and charges should be laid. Additionally, breaches of a Protection Order are a crime.
  5. No bail for persons charged with breaches of Protection Order. Given the many women killed while holding protection orders, there is impunity for men who can breach them, can secure bail, and then return to get revenge on women.
  6. Provide a network of support to persons who have a protection orderobservers must have a duty to report (new section). When a woman is killed, neighbours, family and employers can recall years, months or weeks of threats. A duty to report will help build a culture of everyone insisting domestic violence cannot happen on our corner.
  7. Create intervention for perpetrators threatening to kill (new section). When threats to women’s lives are made, what can they do? An intervention for perpetrators threatening to kill means that they will be held by police, receive counselling and other forms of intervention.
  8. Create inter agency protocols between police, magistrates, prosecutors, social workers and shelters (new section). Right now, this isn’t sufficiently structured or practiced.
  9. Create mandatory programs for victims and perpetrators. Mandatory counselling, over months, can make a difference to whole families, and should be part of the response to the approximately ten thousand applications for restraining orders requested yearly
  10. Resuscitate Police Domestic Violence Register maintained by the Commissioner of Police. This registry is mandated by the Domestic Violence Act, but isn’t functional, digitized, well sourced with data or referred to in either civil or criminal proceedings.

Those at the forum also proposed six necessary changes:

  1. Use the form provided by the DV Act to record reports of the domestic violence. This thorough form is not used consistently by police and legally needs to be as part of meeting the requirements of a National Domestic Violence Register
  2. There should not be a twelve-month requirement to be able to secure a protection order. These must be able to be triggered by one act of violence regardless of how long relationship is going on. This is particularly important for young women, who have a higher risk of violence, and may be in shorter-term relationships.
  3. A Victim and Witness Support Unit in Tobago. Establish it now.
  4. The justice system must inform victims if perpetrators get bail. They cannot be calling around to find out whether their lives have returned to being at risk.
  5. The National Strategic Plan on Gender-Based and Sexual Violence which has been sitting in front of Cabinet since 2016 must be approved and resourced.
  6. End jurisdiction issues for reporting domestic violence. Victims report police officers refusing to take reports when they are friendly with the men involved, and police officers refusing to take reports when it is out of their jurisdiction.

These 16 days, lend your support to activism on 16 ways to help end GBV.