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Domestic violence victims have no option of recanting evidence against abusers – Chief Magistrate
The tug-o-war between the judicial system and scores of domestic violence victims who often beg pardon for their abusers will soon end as a senior Magistrate recently alluded that the courts will be upping the ante to tackle the issues of gender-based violence.
Chief Magistrate Priya Sewnarine-Beharry in a recent remark, alluded to an intensified approach by the courts to domestic violence, citing that it is no longer an option for victims to “offer no evidence” against alleged perpetrators.
Chief Magistrate Priya Sewnarine-Beharry
This reiteration was made during a domestic violence court case which engaged her attention at the city court.
On Friday last, a chef’s reputed wife was the latest victim who endeavoured to have the case dismissed against her partner although she had reported to the police that he slapped her and he was brought before the courts to be indicted on an assault charge.
Notwithstanding the attempt to quash the case, Magistrate Sewnarine-Beharry, in response, stated that in domestic violence matters a decline to offer evidence and allow prosecution its due course is “no longer an option.”
The senior official continued with the legal course of action and placed the accused on a peace bond, granted him bail and transferred the matter to another court for trial.
At present, two out of every three cases of domestic abuse before the local Magistrates’ courts are aborted, owing to the reluctance of victims to offer evidence against their abusers.
Over the years, the police have developed a zero tolerance approach to domestic violence and issues related to abuse.
As a result, an average of 40 new cases related to domestic abuse passes through the Magistrates’ courts each week.
The problem, however, begins when the matter is called before the courts and the women plead with Magistrates to pardon their partners, stating that they wish not to proceed with the matter.
Magistrates are often greeted with “Yuh Worship, is me child father (or my husband). He is the breadwinner for the family, me ain’t want no story.”
It is not a custom for Magistrates to force a victim into giving evidence against the architect of the crime, since that decision remains solely in the hands of the victim.
In an effort to offer some sort of intervention, in the past some Magistrates have opted to place the couples on peace bonds, advise the victim on protection orders, order counseling and involve the social workers (Probation Officers).
While recent statistics show a steady increase in the amount of persons who are murdered, injured or permanently scarred as a result of domestic abuse, statistics reflect an even further increase in the abrupt termination of matters related to abuse and domestic violence that are placed before the courts.
With the revelation of the Chief Magistrate, however, the pleas of many victims to dismiss cases against their abusers will most likely fall on deaf ears. Perpetrators won’t be spared.
One month ago, the US State Department issued a Report on Human Rights which stated that domestic violence and violence against women, including spousal abuse, was widespread and crossed racial and socio-economic lines.
The report explained that court reports have shown that there were 279 domestic violence cases filed during 2012, which resulted in merely 143 convictions.
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