Victims play major role in successful outcome of domestic violence cases – Attorney-at-Law

Mar 26, 2017 News

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Domestic violence has been traditionally described as acts of violence occurring in intimate

relationships. It includes sexual, physical, emotional and psychological abuse.
Studies show that domestic violence occurs in every culture, country, and age group.
It affects people from all socioeconomic, educational and religious backgrounds. Children and people living with disabilities are also affected by domestic violence, even if they are not abused or do not witness it directly.
Nonetheless, research conducted on the prosecution of domestic violence cases against women show that majority of the cases are not tried in court due to non –appearance of victims, resulting in the matters being dismissed.
The research titled ‘The Prosecution of Domestic Violence Cases Against Women in Guyana: Successes and Lessons Learnt’ was conducted by Attorney-at-Law Chandrawattie Persaud.
It assessed the prosecution rate of perpetrators of domestic violence against women at the Georgetown Magistrates’ Courts for the period 2013-2014.
The findings of the research were presented by Chandrawattie at a forum held earlier this month at the Theatre Guild. Among those in attendance were recently appointed Chief Justice (ag) Roxanne George; Minister of Social Protection, Dr George Norton; Deputy Vice Chancellor of the University of Guyana, Dr. Barbara Reynolds; Deputy Vice Chancellor of Philanthropy, Alumni and Civic Engagement (PACE), Professor Paloma Mohamed.
According to Persaud, studies and surveys have shown that victims are in the most part responsible for the successful outcome of the matter when reports are made to police.
She said that that the successful outcome of domestic violence cases lies with the victims since some of them may not proceed with proving the allegation.

Persaud added that often, victims of domestic violence would appear in court for withdrawal of the case.
The Attorney-at-Law pointed out that the reasons for non-appearance of victims in court for the prosecution of these matters include fear of retribution, the desire to remain in the relationship, fear of testifying in court, domestic violence victims’ experience with the legal system is that there is no sympathy or empathy and mandatory prosecution which may not reflect the wishes of the victim.
“Some victims felt that if the abuser is prosecuted he would become more violent. One third of the victims in this study, opposed prosecution because they depended on the abuser for housing,” the Attorney-at-Law revealed.
She further highlighted that many women who suffer domestic violence do not make reports or seek help.
“Only about 40 percent of women affected in Latin America and the Caribbean made reports or seek help. Demographic health survey done and one of the studies included almost 30 countries show a very striking result. Only six percent of the women reported incidents to someone in authority.
“Rural women were less likely to seek help than urban women and only three percent of women sought help from police.”
“This number increased with the severity of the injuries suffered. An alarming 55 percent of women handled the issue personally while 34 percent were of the view that the violence was not serious enough to warrant a report.
“Further, it appears from the survey that help is only sought as a last resort even if the violence is severe.”
Justice Roxane George stated that the success rate of matters filed under the Domestic Violence Act is much higher.
The acting Chief Justice said, “Those (Domestic Violence) matters are held in close court. Criminal matters are held in open court so right away the dynamic is different. A woman who has to tell her story in open court will be more intimidated. We have the public listening and so on etc…”
Justice George reminded that victims of domestic violence may be reluctant to “come forward” because their abuser might be providing a shelter for them.
Some time back, at a Women and Gender Equality Conference, Justice George said she put forward that alternative housing should be provided for domestic violence victims.
“We have to provide alternative housing. We have to look at social housing. But we have to provide those kinds of safety nets. So in our housing planning at the Housing Ministry we have to look at these kinds of things. So not just providing a house to a family and those who are in need…we have to look at other vulnerable groups.
“Persons living with disabilities are in no doubt victims of violence in our communities and families.”
Nevertheless, Persaud disclosed that domestic violence is a serious public health issue and a significant cause of morbidity and mortality of women globally. She stated that previously, injuries were the only health outcome of violence
”But this changed as research found that calculated illnesses were associated with intimate partner violence and sexual abuse of women. These illnesses included drug and alcohol abuse, unwanted pregnancies, sexually transmitted diseases, mental health, emotional health and gynecological problems…”
“These studies found that women in relationships with violence are four times at risk of contracting a sexually transmitted infection than women who are not in violent relationships.”

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