System: Fail!

Helen Shair-Singh

Trinidad & Tobago faces a dire situation when it comes to the incidence of domestic violence. The number of brutal, and at times fatal, attacks on women and children are alarming. According to Margaret Sampson-Browne, head of the Police Victim Support Unit, over 300 women and children have died as a result of domestic violence since the Domestic Violence Act, Chapter 45:56, was enacted in 1999. One 2012 newspaper report quotes Chief Magistrate Marcia Ayers-Caesar as saying that in the 2009/2010 law term 12,106 new domestic violence applications were filed in that period alone.

A major contributing factor to the prevalence of this scourge can be found in the failure of those mandated to protect the victims. Many incidents are not even reported because of the lack of confidence in 'the system' and the fear of even further acts of vengeance as perpetrators remain free.

According to the United Nations Entity for Gender Equality and the Empowerment of Women website, strategies have been introduced across the Caribbean to end domestic violence, including increasing state capacity and accountability through law reform and police training; providing shelters and hotline services; promoting zero tolerance of the widespread cultural acceptance of gender-based violence, and enhancing men's role as advocates against violence. But these strategies are either not being implemented or just not as effective as they should be.

For the victims, they are certainly not effective enough.

It also says that since 1992 there have been developments in the region's legislative system specifically geared towards enhancing the power of the courts, via protection orders, and the police to both prevent domestic violence and to protect suspected victims. It has been made mandatory for police to provide detailed reports on all allegations received, and even apply for protection orders on behalf of children or abused spouses or partners (some territories even giving police the power to arrest without warrant), but the harsh light of reality reveals a far different scenario for those seeking help. In some cases the very lack of swift and just action from the police serves to further embolden the abusers, and that fear prevents many victims from taking any action at all, and the cycle of abuse goes on, reaching into future generations.

I myself, as a witness in a DV case, have experienced the dismissive and patronizing attitude of the police. I have reported threatening behavior and harassment many times, and yet the perpetrator still walks free and continues to abuse, even within the walls of the very court itself, in the presence of his lawyer.

Another woman speaks of both public and private abuse even with a standing protection order, of going through the tedious process of obtaining summons and numerous visits to the police station to have them served, of court appearances stretching out into weeks, months, even years. She is the victim, yet all of the responsibility of making the abuser pay for his actions falls on her shoulders.

Another young mother speaks of the process as a completely dis-empowering experience, where she has been emotionally, mentally and financially victimized not just by her ex-husband, who abandoned family and home for another woman, but also by the courts, police and justice system on the whole.

A strong and intelligent woman, she expresses her own frustration:

"For years I have been at the mercy of a bully who has used every emotional and physical weapon he has to destabilize me, the mother of his children. He has kept our children beyond the agreed time on many occasions, twice during an interim court order, with no consequence. Having gotten away with it, he feels empowered to do it again and again. And everything in the legal system shuts down when court closes for vacation...only if it is deemed 'urgent' will a judge be called upon to give an order. By that time weeks have passed, the act has already been committed and there is no recourse. Nothing is done. One would assume that as a mother whose children have not returned home at the agreed time, I should be able to call the police and get some help. Instead I am told "M'am, he is de chile father right...he ain't go hurt he own children...what you worried about."

If a document has to be served, the system doesn't help because their bailiffs work only when they choose. I have to find another $750 for a private bailiff, who then relies on ME to find out when and where my ex-husband will be so that he can deliver the document. Once again, time is passing, the frustration is all on me, not him, and my children suffer more. He actually uses the inefficiency of the system to get away with his actions.

Despite having done everything: gone through the process, hearings and trial, I still have not been paid the agreed monthly child support, still can't rely on the interim court orders we have, still have to put up with this man's treatment of me, and the police still fail to get involved when they need to. I am still waiting for 'the system' to work for me. I do not fight for myself, it is for the protection and care of our children. Why has the system failed me?"

And all of these experiences are from middle-class women.... educated, independent, resourceful, intelligent, capable women, who have jobs, social lives, networks of family & friends. What of the women who live in far worse circumstances, with far less means and resources? You don't have to stretch your imagination to know ... just read the newspaper on any given day. You get attention when you either die or kill an abuser. In a small and wealthy country, with a woman as Prime Minister, this is completely unacceptable.

There are support organizations in place, even the Victim Support Unit of the police service itself, but it is quite clear that there is only so much they can do. The system needs to work to support their efforts. What the UN Women's site claims is happening needs to actually happen and we need to stop ignoring the fact the it is the very failure of the system that allows this scourge to exist to the extent that it does.

Source: http://www.huffingtonpost.com/helen-shairsingh/system-fail_b_5908422.html

Domestic Violence Awareness Month

October is Domestic Violence Awareness Month — a time to recognize 

intimate partner violence as a major public health problem 

and become part of its solution.

 

Presidential Proclamation --- National Domestic Violence Awareness Month, 2014

NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH, 2014

- - - - - - -

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

 

Domestic violence affects every American.  It harms our communities, weakens the foundation of our Nation, and hurts those we love most.  It is an affront to our basic decency and humanity, and it must end.  During National Domestic Violence Awareness Month, we acknowledge the progress made in reducing these shameful crimes, embrace the basic human right to be free from violence and abuse, and recognize that more work remains until every individual is able to live free from fear.

Last month, our Nation marked the 20th anniversary of the Violence Against Women Act (VAWA).  Before this historic law, domestic violence was seen by many as a lesser offense, and women in danger often had nowhere to go.  But VAWA marked a turning point, and it slowly transformed the way people think about domestic abuse.  Today, as 1 out of every 10 teenagers are physically hurt on purpose by someone they are dating, we seek to once again profoundly change our culture and reject the quiet tolerance of what is fundamentally unacceptable.  That is why Vice President Joe Biden launched the 1is2many initiative to engage educators, parents, and students while raising awareness about dating violence and the role we all have to play in stopping it.  And it is why the White House Task Force to Protect Students from Sexual Assault and the newly launched "It's On Us" campaign will address the intersection of sexual assault and dating violence on college campuses.

Since VAWA's passage, domestic violence has dropped by almost two-thirds, but despite these strides, there is more to do.  Nearly two out of three Americans 15 years of age or older know a victim of domestic violence or sexual assault, and domestic violence homicides claim the lives of three women every day.  When women and children are deprived of a loving home, legal protections, or financial independence because they fear for their safety, our Nation is denied its full potential.

My Administration is committed to reaching a future free of domestic violence.  We are building public-private partnerships to directly address domestic violence in our neighborhoods and workplaces, and we are helping communities use evidence-based screening programs to prevent domestic violence homicides.  At the same time, the Federal Government is leading by example, developing policies to ensure domestic violence is addressed in the Federal workforce.  New protections under the Affordable Care Act provide more women with access to free screenings and counseling for domestic violence.  And when I proudly reauthorized VAWA last year, we expanded housing assistance; added critical protections for lesbian, gay, bisexual, and transgender Americans; and empowered tribal governments to protect Native American women from domestic violence in Indian Country.

Our Nation's success can be judged by how we treat women and girls, and we must all work together to end domestic violence.  As we honor the advocates and victim service providers who offer support during the darkest moments of someone's life, I encourage survivors and their loved ones who are seeking assistance to reach out by calling the National Domestic Violence Hotline at 1-800-799-SAFE or visiting www.TheHotline.org.

This month, we recognize the survivors and victims of abuse whose courage inspires us all.  We recommit to offering a helping hand to those most in need, and we remind them that they are not alone.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2014 as National Domestic Violence Awareness Month.  I call on all Americans to speak out against domestic violence and support local efforts to assist victims of these crimes in finding the help and healing they need.

IN WITNESS WHEREOF, I have hereunto set my hand this  thirtieth day of September, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty-ninth.

BARACK OBAMA

Source: http://www.whitehouse.gov/the-press-office/2014/09/30/presidential-proclamation-national-domestic-violence-awareness-month-201