The History of Domestic or Family Violence - Essay Example

? Investigation of domestic violence Introduction The history of domestic or family violence started along with the evolution of the first human in this world. Holy Bible says that Kane, the elder son of Adam killed Abel, his younger brother because of family problems. Even though violence between family members is common nowadays, the clashes between the husbands and the wives are causing more problems than anything else. Domestic violence is a behavior used by one person in a relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating” (Domestic Violence: Definition, 2009). The thirst for dominance is inherited in the blood of humans. It is more prominent among men since men are superior to women in terms of physical and mental abilities. “Domestic violence is a traumatic experience faced primarily by women all over the world” (Orkide, 2011, p. 697). According to the statistics published by National coalition against domestic violence in 2009, “one in every four women will experience domestic violence in her lifetime. An estimated 1.3 million women are victims of physical assault by an intimate partner each year. 85% of domestic violence victims are women” (Domestic Violence Facts, 2009, p.1). At the same time, Dennis Campbell (2010) pointed out that “about two in five of all victims of domestic violence are men, contradicting the widespread impression that it is almost always women who are left battered and bruised” (Campbell, 2010). These statistics clearly suggest that both men and women are equally vulnerable to domestic violence. Domestic violence is a global phenomenon. No country or culture seems to be free from domestic violence incidents. Even the most civilized country, America is not free from the evil effects of domestic violence. Under such circumstances, it is illogical to believe that domestic violence incidence could be less in other countries. UAE is one country in which domestic violence is growing day by day. UAE is a country consisting of seven emirates; Abu Dhabi, Dubai, Fujairah, Ras Al Khaima, Sharja, Ajman, Umm Al Quwain, each have their own local administration. UAE society is a fundamental one compared to the societies in other parts of the world even though they are one of the most civilized societies in the Muslim world. Majority of the locals, including the women in UAE are getting good education from domestic and overseas academic institutions. As a result of that, people in UAE are aware of their rights. However, as in the case of other Muslim countries, religion is one of the prominent entities in UAE social life. In other words, religions get first priority in all the aspects of human life in UAE. Even the rulers of UAE give more importance to religious values and customs while taking decisions. Even though, UAE is a Muslim dominated country, people from all parts of the world are staying and working there. One of the major illusions among people all over the world is that domestic violence cases are less among Muslim community because of the domination of males over females. "I didn't know that we had domestic violence in the UAE," said Muna Al Abdullah, a 23-year-old social work student at Zayed University who attended the lecture. "I was shocked to hear that there are many cases."(Nereim, 2011). In short, domestic violence is not a myth but a fact in UAE and hence I decided to research about this topic. The aim of this research is to identify the reasons, consequences of domestic violence in UAE and suggest certain solutions for that. The major question of this research will be how to investigate domestic violence in UAE. This paper is arranged in to different sections such as literature review, methodology, ethics, analysis and findings. Methodology and Ethics Both primary and secondary data are used in this research to get more insights into the topic of domestic violence in UAE. Moreover, both qualitative and quantitative data are used in this research to give more reliability to the findings. I will conduct interviews with at least 10 UAE women who are suffering from domestic violence. Primary data will be collected from them. It should be noted that UAE is a multicultural society and plenty of expatriate workers are staying there with families. In fact the number of expatriate families staying in UAE is more than that of domestic families. So, I will interview at least ten expatriate women to collect primary data from them also. Since the victims of domestic violence usually approach police stations for making complaints, I will interview at least 4 police officers who have experience in receiving complaints from victims of domestic violence. I have plan to interview some judges of the family courts, to collect more primary data. I have prepared five general questions for the interview purpose. Specific questions will be asked during the interview process based on the responses of the interviewee. The general questions will be What is the reasons for domestic violence in UAE What are the consequences of domestic violence? How children are affected by domestic violence Does the abuser attack the victim physically? Does the victim ready to continue her life with the attacker Moreover, I have collected secondary data from internet, journals, articles, Newspapers etc to know the findings of previous researches in this topic. It is a fact that only few researches were being conducted in the past in UAE with respect to this topic. So I faced problems in getting sufficient relevant data from UAE with the help of secondary research. The reasons and consequences of domestic violence are almost same everywhere. So, I used data from other countries along with the data from UAE. Disclosing the names of those women who were interviewed is ethically wrong and hence since they may face further problems if I disclose their names. I assured all the women that I will never disclose either their name or the details supplied by them to anybody else. I told them that this data is collected only for the academic purposes. In short, privacy of the people who participated as subjects in this research is kept strictly. This research will be completed within 30 days. The first 10 days will be used for conducting interviews and collecting primary data. The next ten days will be used for collecting secondary data from various sources. The last ten days will be used for data analysis, making conclusions and to write the paper. Literature Review Domestic violence in the UAE is on the rise, a top official at the Dubai Courts told on a programme on Noor Dubai Radio. There were 63 cases of domestic violence recorded in 2009 out of 2,750 cases handled by the department, which formed 2.3 per cent. But the figures rose to 153 cases out of a total 3,012 violence cases reported in 2010. This is an increase of five per cent, said Dr. Abdul Aziz Al Hamadi, Head of Family Cases Department, Dubai Courts (Al Sadafi, 2011). According to McCaig & Kubany (2004), “Guilt is usually more important than anger because guilt contributes directly to shame and low self esteem” (p.24). Moreover, “Women who have been physically or emotionally abused by their husbands, boyfriends or other intimate partners often experience post-traumatic stress disorder or PTSD. PTSD symptoms are normal reactions to extreme stress” (McCaig & Kubani, p.11). Children are another community which experiences the problems of domestic violence. “The abuse of women sends shockwaves through the lives of children as well. Estimates suggest that 5 million children per year witness an assault on their mothers, an experience than can leave them traumatized”(Bancroft, 2003, p.8). Children who are exposed to violence in the home may have difficulty learning and limited social skills, exhibit violent, risky or delinquent behaviour, or suffer from depression or severe anxiety. Children in the earliest years of life are particularly vulnerable: studies show that domestic violence is more prevalent in homes with younger children than those with older children (Behind Closed Doors: The Impact of Domestic Violence on Children, n. d, p.3). Some of the findings of the UAE courts are controversial and it prevents women from approaching the courts for justice. Judiciary is responsible for dispersing justice to people. However, in UAE, judiciary is not free from the influence of religion. Since Islamic administration is prevailing in UAE, courts cannot rule something against the teachings of Quran. Islamic scholars believe that Quran specifically given the authority of females to the males. In other words, they believe that females are below to the status of males. In short, UAE women may not get justice either from the government or from the courts as far as domestic violence is concerned. So, they are forced to stay away from reporting the domestic violence cases to the police. “The UAE legal system, like that in other Gulf states, combines aspects of traditional Shariah law with secular civil codes. The influence of Shariah tends to be strongest in family law relating to marriage, divorce and sexual relations” (Schreck, 2010). A decision by the United Arab Emirates Federal Supreme Court upholding a husband's right to "chastise" his wife and children with physical abuse violates the right of the country's women and children to liberty, security, and equality in the family - and potentially their right to life, Human Rights Watch said today. The ruling, citing the UAE penal code, sanctions beating and other forms of punishment or coercion providing the violence leaves no physical marks. Human Rights Watch called on the government urgently to repeal all discriminatory laws, including any that sanction domestic violence. "This ruling by the UAE's highest court is evidence that the authorities consider violence against women and children to be completely acceptable," said Nadya Khalife, Middle East women's rights researcher at Human Rights Watch (UAE: Spousal Abuse Never a ‘Right’, 2010). Victims or women usually do not like to take serious actions against their husbands who happen to be the father of their children. They will be forced to suppress their emotions behind the curtains because of the fear of the consequences they may suffer if they report the cases to the police. Women beating by husbands are considered legal in most of the fundamental Islamic societies. So, the offender might not get justice even if they report the cases to the authorities. Instead of justice, they may get humiliation in most of the cases. These factors prevent the victims from reporting their cases to the authorities. “Many abused women are still ambivalent about calling the police: they fear they will not be believed or taken seriously”(Police responses to domestic violence, 2008). More women have sought help from the Dubai Foundation for Women and Children and Dubai Police in recent years, but it is still difficult for victims to come forward. Many victims blame themselves. "They will say, 'It is me, I am the one causing the problem, I am the one making him mad'," Ms Al Basti executive director of the Dubai Foundation for Women and Children, said. Some fear that if they report their problem, their situation will get worse, said Dr Fekreya Arjamand, psychological services manager for the foundation. And because there are few federal resources for domestic violence victims, women outside Dubai sometimes do not know where to turn, Ms Al Basti said (Nereim, 2011). It is difficult to investigate domestic violence cases just like ordinary cases. Since the offender and the victim happen to be the members of the same family, it is not necessary that the police or the investigating officers may get much support either from the victim or from the offender. It should be noted that the victims will be afraid of the consequences of making a complaint against the offender. Victim’s response and cooperation are important for the investigating officer to prove the case in court and to punish the offender. The following measures can be adopted by the investigating officer while investigating domestic violence cases in UAE. Consider that the victim may be in a distressed state and that it is not appropriate to ask the victim what course of action they wish the police to take. Note that previous withdrawals of support for a prosecution should not adversely influence decision making in whether to arrest for an offence. Consider the needs of victims and witnesses from black and minority ethnic communities and other victims whose requirements, due to their sexuality, disability or other factor, may increase their vulnerability. Make an accurate record of everything that is said by all parties If a victim is taken to a refuge or other place of safety, never disclose this to the suspect or their representative, as this further endangers the victim and may result in the suspect harassing the victim, refuge staff or other family members. Consider video recording the first account from the victim and/or witnesses in serious cases and cases with vulnerable or intimidated witnesses. Preserve any written notes made during initial victim or witness interviews in line with Criminal Procedures and Investigations Act 1996 requirements for unused material. Brief interviewing officers of useful lines of questioning if the suspect is to be formally interviewed later by a different officer. (Guidance on Investigating Domestic abuse, 2008, p.33). Since the possibility of denial of what is said earlier by the victim is more, the officer should take written complaint from the victim. In plenty of domestic violence cases, the offenders and the victims make compromises later. In such cases, the investigating officer may hear criticisms from the court. Written statements by the victim will allow the prosecutor some insight as to the victim’s state of mind at the time of the offense and allow the prosecutor to confront a victim with their own previous statements.  Furthermore, these statements may be admissible at trial should the offender take steps to prevent the victim’s cooperation” (Investigating Domestic Violence, 2010). Some of the other procedures needed to follow while investigating domestic violence are given below. Interview victim & suspect separately Ask victim if there is history of abuse If children at scene, interview them separately Distinguish primary aggressor from victim, if both injured Note & document emotional & physical condition of parties involved Note demeanor of suspect Note torn clothing by both parties If victim is a woman, note smeared makeup Note signs of injury on victim Note any excited utterances by any parties present Note any evidence of substance/chemical abuse Advise victim of domestic violence rights Assist victim in completing victim notification form Advise victim of available resources Assist victim in obtaining temporary domestic violence restraining order (Domestic Violence Checklist, N.d.) The FIR or the first information report is important in proving domestic violence cases in courts. “Instead of stating that “the victim appeared to be upset,” the officer should give a detailed statement such as:  “The victim was crying and shaking and had trouble speaking” (Investigating Domestic Violence, 2010). “All too often, an officer is called to a scene by a battered and frightened victim only to learn that days later, after the threat has been averted, the victim is back with the offender and no longer wants to pursue charges. The experienced officer knows that the threat is still looming and will only get worse over time (Investigating Domestic Violence, 2010). Analysis and Findings The feeling of guilt may often result in domestic violence. In other words, domestic violence is often used as a defence mechanism by the abuser to hide his guilt. For example, a husband with extra marital affairs may charge the same crime against his wife in an attempt to hide his crime. In such cases, husbands often believe that attack is the best way of defence. In other words, they tend to believe that if they charge a crime against their wives, the wives will remain silent even if they found anything wrong with their husbands. There could be different events in an abuser’s life, which might have transformed him from a normal person to an abuser. The transformation from a normal life to an abusive life may occur gradually, knowingly or unknowingly. Individual, Family, social, cultural environmental and genetic factors may contribute to the abusive behaviour. Many people have the illusion that domestic violence results in physical injuries alone. However, plenty of studies have proved that the injuries caused to the mind is more than the injuries caused to the body, in domestic violence cases. Physical injuries can be cured within weeks, but mental injuries cannot be cured in such sort time period. Children during their developmental stages need the love of mother as well as the security provided by the father. In families, where domestic violence prevails, children get none of these things. Parents in violent families may find enough time for clashes and less time for caring children. The self-esteem developments often takes place during childhood. The caring of parents is essential for the self-esteem development. Children in troubled may curse their destiny when they see their peers or friends getting love and care from their parents. In short, domestic violence not only affect the parents but also affects the children. Many studies have proved the strong associations between domestic violence and child abuse. Domestic violence force children to lead a crazy life. In the absence of parental care, they lead a life of their own. It should be noted that the ability to take matured decisions during childhood is extremely low. So, it is easy for antisocial elements to make use of children from the troubled families. For example, a child from a troubled family may show more readiness to sexual activities than a child from a normal family. Children from normal families may get enough guidance from their parents about the precautions to be taken in social life. On the other hand, children from troubled families may not get such advices from their family and hence they will lead a crazy life. The major reason for unwanted pregnancies among teenagers is the problems in their family. Teenagers from troubled families often seek love. Antisocial elements exploit such situations very well. Academic progress of the children could be retarded heavily because of domestic violence. It is impossible for the children from troubled families to stay focussed on their studies while their parents fight each other in front of them. Peaceful atmosphere in the family is essential for the children to concentrate fully on their studies. Even a slight problem in the family may affect them a lot. Children often take lessons of life from their families. If the lessons they get from the families are not so good, they may not develop properly. Many studies have proved that the probabilities becoming antisocial elements are more in the case of children from troubled families. Domestic violence causes social problems also. The people who lived near the troubled family often get agitated with the incidents happening in their neighbourhood. They may not be able to concentrate on their works because of the problems in their neighbourhood. So, they may clash with the members of the troubled family. Thus, domestic violence may spread to the streets also. Suppose the domestic violence is taking place in a Hindu family in Dubai or Abu Dhabi. Muslims staying near that family may definitely clash with that family. In short, the possibilities of communal riots cannot be ruled out as a result of domestic violence. Even though everybody knows that domestic violence cases are plenty in number in UAE, majority of such cases gone unreported. The number of women who are ready to report the massacres faced from the male community is less because of various cultural and social reasons. Concerns of loss of privacy is the major factor which motivate UAE women in staying away from reporting the domestic violence incidence to the police. In UAE society, reporting of domestic violence by a female is considered as another crime by the male community. So, the reporter will get additional punishments from her abuser. Even the courts are reluctant in hearing the domestic violence cases of women in UAE. The following report will make this point clearer. Domestic violence cases are normally heard in family courts and that also in a private atmosphere. In most of the cases, the offenders would be charismatic personalities in the societies. Such people never like to discuss their cases publicly. They may develop vengeance towards the victim and the possibility of further attack cannot be ruled out, if the woman or the victim approaches the court for justice. In plenty of cases, the offender had killed the victim after the case was reported in the courts. It is easy for the influential offender to escape from punishments even after committing murder. Another reason for not reporting domestic violence cases is the religious beliefs. Since most of the women victims are uneducated, they may think that nothing wrong happened to them even if their husbands punish them severely. It should be noted that religious teaching in Muslim in fundamental Islamic societies is such that women beating is allowed in Islam. So, the uneducated victims will never feel any human right violation issue in their sufferings. Since domestic violence against women is quite usual, victims may not feel anything unusual. The fear of divorce is another major reason for not reporting domestic violence in UAE. It should be noted that Muslim males can have more than one wife at a time even though the women are prohibited from having more than one husband at a time. Moreover, getting a divorce is easy in UAE societies. Therefore, if the woman victims report their cases to the police, instead of justice, they may get punishments as well as divorce. Such threats prevent them from reporting their cases to the authorities. The marital relationship between men and women in UAE society seems to be unique. Wives establish deep relations with their husbands whereas husbands are not much interested in doing so. In other words, UAE women love their husbands more than what the husbands do. So, they will do anything possible to sustain the relationship. Thus, women victims in domestic violence cases usually not much interested in watching the father of their children in jails. They are not much interested in giving solid evidences against someone whom they loved in the past. As mentioned earlier, lack of education prevent women from knowing their rights. They do not know where to approach when they face serious troubles in their family. Domestic violence handling agencies are plenty in UAE. However, majority of the UAE women do not have the information about such agencies. The reputation of a family could be destroyed once domestic violence cases are registered. Moreover, after filing a domestic violence case against the husband, a UAE woman cannot expect her relationship to continue normally. In other words, the relationship between the husband and wife the filing of the case and after the filing of the case could be extremely different. So, woman victims often try to suppress their problems and emotions as much as possible. In any case, the crime should be established in the courts to punish the offender. Courts need evidences to punish a victim. Since the abuser or the offender in domestic violence cases are influential in most of the cases, they will try to do anything possible to destroy the evidences against their crime. In short, it is difficult for the women victims to prove their cases in court. So, majority of the male offenders escape from punishments. Even if the case is proved in the court, the offenders get a punishment just for the namesake. These realities prevent women victims from approaching the court or police in domestic violence cases. One of the major problems facing by the investigating officers of domestic violence is the behaviour of the victim. Immediately after the violent incident the victim might be ready to provide enough evidences against the offender. However, later she might change her decisions because of the fear of the consequences such as possible divorce and the future of the ill-fated children. So, it is important for the investigating officer to make sure that the victim may not change her mind later. The officer should gather enough evidences to prove the case in the court during the first visit of the victim itself. Moreover, it is better for him to record the voice or video record the confessions of the victim and the offender so that they cannot deny those things later in the court. It should be noted that what is said to the investigating officer is not much important to the court if it lacks solid evidences. It is important to record the body language and mannerisms of the victim and the offender while questioning them. According to modern theories of communication the ideas conveyed through nonverbal means are more than the ideas conveyed through verbal means. Sao, it is important to record the body language, gestures, eye movements, facial expressions along with the verbal things. The investigating officer should record any visible marks in the body of the victim. It should be noted that such visible marks may vanish at the time of hearing the case in the court. So, it is better to seek the help of doctor to examine the injuries caused to the victim. Doctor’s opinions will be considered seriously by the court while hearing family violence cases. Conclusions Irrespective of civilized or uncivilized, domestic violence is everywhere in the world. No country or culture seems to be free from the evils of domestic violence or clashes between the husbands and wives. The thirst for dominance is inherited in the blood of every human. It is more in the blood of males compared to females because of superior physical and mental abilities. Instead of considering wives with equal status, many husbands consider them as second-class citizens or slaves. Moreover, males in dominant societies consider women as commodities rather than humans. They Do believe that men have upper hand in this world and all the other living things including the women should assist them. Cultural beliefs are the major reasons for the increasing domestic violence cases in UAE. Since Islamic administration is prevailing in UAE, women in UAE are getting little freedom and liberties compared to men. UAE men believe that it is logical and legal to punish their wives. They cite examples from Quran to substantiate their arguments. UAE politics, society and judiciary are not free from the influence of religion. The recent Supreme Court verdict in favouring of men in one of the domestic violence cases in UAE is definitely a weapon in the hands of men to justify their abusive behaviours against women. Many of the UAE women are afraid of the consequences and hence they are staying away from reporting their problems to the authorities. In short, lack of education coupled with some fundamental religious beliefs contribute heavily to domestic violence in UAE. References Al Sadafi, M. 2011. Domestic violence in UAE rises: Dr Al Hamadi [Online] Available at: http://www.emirates247.com/news/emirates/domestic-violence-in-uae-rises-dr-al-hamadi-2011-11-21-1.429341 [Accessed 19 November 2012] Bancroft, L.2003. Why Does He Do That?: Inside the Minds of Angry and Controlling Men. Publisher: Berkley Trade (September 2, 2003) Behind Closed Doors: The Impact of Domestic Violence on Children (n. d). UNICEF. [Online] Available at: http://www.unicef.org/protection/files/BehindClosedDoors.pdf[Accessed 19 November 2012] Campbell D. 2010. More than 40% of domestic violence victims are male, report reveals. [Online] Available at: http://www.guardian.co.uk/society/2010/sep/05/men-victims-domestic-violence [Accessed 19 November 2012] Domestic Violence: Definition, 2009. 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[Online] Available at: http://www.womensaid.org.uk/domestic-violence-articles.asp?section=00010001002200400001&itemid=1402[Accessed 19 November 2012] Schreck, A. 2010. Official: UAE Does 'Not Tolerate Any Degree Of Family Violence'. [Online] Available at: http://www.huffingtonpost.com/2010/10/20/official-uae-does-not-tol_n_769811.html/[Accessed 19 November 2012] UAE: Spousal Abuse Never a ‘Right’, 2010. [Online] Available at: http://www.hrw.org/news/2010/10/19/uae-spousal-abuse-never-right [Accessed 19 November 2012] Read More