Domestic Violence Legislation and Its Effectiveness to Victims - Research Paper Example

Domestic Violence Legislation and its Effectiveness to Victims and their families Introduction 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”1. On the other hand 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”2. These facts clearly indicate that both men and women are equally suffering from domestic violence incidents. “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”3. The thirst for dominance is inherited among human and stronger people always like to dominate weaker ones. In order to establish their supremacy, offenders often cause physical, psychological, emotional, sexual or verbal damages to the victim. Domestic violence affects the children more than anybody else. The conflicts between the parents may cause immense problems in the development of children. “A survey of the large cities by the US conference of mayors found that domestic violence was the primary cause of homelessness among women”4. In short, domestic violence is a big social problem which results in the destruction of family relationships. UK is a country in which domestic violence cases are more compared to other countries. Even though many laws are prevailing in UK to control domestic violence incidents, none of them seem to be much effective in reducing domestic violence cases. This paper analyses the extent to which Domestic Violence Legislation provide effective and protective means of support for victims and their families Domestic Violence Legislation in UK and its effectiveness Domestic violence cases were taken lightly in UK until the late 1980’s. Criminal justice system was not much interested in hearing the cases with respect to domestic violence in the 70’s and 80’s. The major reason for the above attitude was that domestic violence cases were treated as a private matter in the past. In other words, criminal justice system though that domestic violence cases should be settled well within in the family and courts have limitations in interfering in such cases. However, later criminal justice system in UK realized the social dimensions of domestic violence cases and started to put more control on it. The Family Law Act 1996 (FLA 1996) as amended by the Domestic Violence Crime and Victims Act 2004 (DVCVA 2004) enables a woman to obtain an injunction from the court to protect her from abuse. An injunction is a type of court order which forbids an abuser from doing certain things, such as being violent, or orders him to do certain things, such as leave the home5 Under FLA, domestic violence case orders are divided into two categories; non-molestation orders and occupation orders. Non-molestation order prevents the abuser from committing any violent crimes against the victim whereas occupation orders help the victim to keep the abuser certain distance away from the home. In other words, these laws are intended to prevent the abuser from intruding into the territories of victim without permission. Earlier, domestic violence cases were dealt only in family courts in UK. Family courts often give more importance to settle the problems among the couples instead of going deep into the roots of the problems. In other words, family courts gave more importance to solving problems rather than punishing the offenders. Thus family court procedures never caused any fears in the minds of the offenders and they continued their activities without any fears. However, the decision to hear family violence cases in criminal courts is a big turning point in the history of domestic violence cases. Criminal courts always give more attention to the criminal aspects of the offense rather than the social or family dimensions of the crime. In other words, offenders may not get any undue advantages from criminal courts as in the case of family courts. In short, the new act is helpful in preventing at least some people from repeating their violent activities inside the family. The 2004 Domestic Violence, Crime and Victims Act has been cited as the major step towards preventing domestic violence cases in UK in last three decades. This act applies to England, Wales and Northern Ireland. From 1st July 2007, the implementation of section 1 of the Domestic Violence Crime and Victims Act 2004 inserted a new section (42A) into the Family Law Act 1996, thereby making a breach of a non-molestation order a criminal offence, which will be dealt with by the criminal courts - rather than by the Family Proceedings (magistrates’) court or the county (family) court where the original order was made. This procedure will replace that of attaching a power of arrest to such an order6 One of the major advantages of above law is that “it relieves the woman herself of the burden of taking action”7. Earlier, criminal justice system took actions against the offenders only if the victim registered a complaint. Jennifer-Crystal Johnson (2008) has pointed out that most of the “Abusers have a tendency to be very charismatic, social, outgoing, and seemingly rational and logical”8. Moreover, “It is also common in an abusive relationship for the abuser to isolate the victim from friends and family. This allows the abuse to continue until the victim becomes brave enough to speak up and get help”9. All these facts prevent victims to file their cases in family courts because of their fear about the consequences. However, new legislation avoids such agonies to the victim. It gives authority to the police to take actions against the offenders even without a complaint from the victim as in the case of criminal incidents. At present family violence is treated as another crime rather than a family matter or personal matter. Therefore offenders can no more continue their activity by threatening the victim. Even the neighbors can bring the notice of police to such incidents. It should be noted that the power of arrest was not attached to the cases of family violence or domestic violence. New law authorizes police to make arrests if necessary in the cases of domestic violence cases in UK. Another important point with respect to the new legislation in domestic violence case is that “the woman is not liable for any costs of a prosecution”10. Earlier, it was the duty of the victim to bear the expenses of court procedures in the cases of domestic violence. Now victims are free to register their complaints without any fear about the possible costs incurred to the procedures of courts. There are certain disadvantages also while moving domestic violence cases from family courts to criminal courts. Criminal cases are normally open to the public and the press – in contrast to applications made in the family court, which are held in chambers (i.e. only people involved in the case are allowed in the room). Although there is a provision for reporting restrictions to protect the identity of victims/witnesses in criminal courts (3) (both magistrates’ and Crown courts), this has up to now been used only rarely in domestic violence cases11. It should be noted that domestic violence cases were earlier heard in family courts and that also in a private atmosphere. So, both the victim and the offender were able to keep their privacy intact. On the other hand, criminal cases are often heard in the presence of public and press. As mentioned earlier, offenders are usually charismatic personalities in societies and they may not like their cases to be discussed publicly in criminal courts. So, they may develop vengeance towards the victim and the possibility of further attack cannot be ruled out. There are many instances in which the offender killed the victim after the case was reported in the courts. Women victims usually do not like to take serious actions against their husbands who happen to be the father of her children. People who are more religious in nature usually try to adjust with the situations as much as possible. Christianity teaches that divorce should be avoided as much as possible. Under these circumstances women victims in domestic violence cases usually not much interested in watching the father of their children in jails. Much domestic violence still goes unreported to the police. While many women have sought help from the police in an emergency, for others calling the police is not the first option, and is often only a last resort after repeated attacks. Every minute in the UK, the police receive a call from the public for assistance for domestic violence. This leads to police receiving an estimated 1,300 calls each day or over 570,000 each year. However, according to the British Crime Survey, only 40.2% of actual domestic violence crime is reported to the Police12 The above statistics suggest that even after the introduction of severe laws with respect to domestic violence, the number of domestic violence cases in UK increasing day by day. Around 60% of domestic violence cases are still unreported in UK which clearly suggests that the current laws are still ineffective in dealing with the domestic violence cases. It should be noted that many of the victims who call police for emergency assistance are not much interested in registering their complaints. In other words, victims call police only to escape from the emergency situation and many of them are not much interested in registering complaints because of their concerns about future consequences in their family. Even though, modern concepts such as staying together and same sex marriages are gaining grounds in Britain, still majority of the British public have faith in the concepts of marriage and family. They know very well that family is the base of life and destruction of family means destruction of life itself. Man is a social animal and it is difficult for him to lead a lonely life. Family life provides the much needed socialization capabilities to the people and many of the British people are not much interested in a life outside family circle. All these facts prevent them from reporting domestic violence cases to the police or criminal justice system. Women are genetically more sensitive than men. They are not much interested in giving solid evidences against someone whom they loved in the past. It should be noted that majority of domestic violence cases occur only after the birth of children. Initial stages of marriages are often enjoyed by the public whereas the middle stages and final stages are causing problems to them. Men have a tendency to keep their love and intimacy only for a shorter period of time whereas females have the tendency to keep these things till their end of life. So females may not like to see their beloved ones in jails even if they caused severe damages to their physical and mental health. Family reputation is another barrier which prevents the victims from registering complaint. The reputation of a family could be destroyed once domestic violence cases are registered or reported from that family. Status or social recognition is a much needed thing for the British public. They are ready to do anything to safeguard their status and reputation. The concerns about social status often prevent the victim from registering complaints. “Waiting times in criminal proceedings are very long and women will frequently be left without adequate legal protection while waiting for the case to come to court”13. Many of the victims are unsure about the outcomes and therefore they stay away from courts. The crime should be established in the courts in order to punish the offender. In majority of the cases, the offenders could be the males who have much influence in the society. It is possible for influential offenders to convert the defendant into guilty with the help of expert advocates. “Many abused women are still ambivalent about calling the police: they fear they will not be believed or taken seriously. Black women, in particular, are less likely to call the police if they fear racism against themselves or their partner”14. Even though racism is abolished by laws, waves of racism can be still seen in British society in different forms. It is often accused that police keeps double standards when they listen the complaints of black people and white people. Complaints from black people are often taken lightly by the police. Moreover, there are many cases in which such complaints were utilized by the police to torture or harass black women and men. All these things prevent black victims from reporting their bitter experiences in the family. Radha Iyengar (2007) reported that “mandatory arrest laws are responsible for an additional 0.8 murders per 100,000 people. This corresponds to a 54 percent increase in intimate partner homicides”15. These statistics show that even though the laws with respect to domestic violence are getting tighter, the consequences seem to be increasing. In other words, offenders are not changing their mind because of tighter laws; instead they are taking revenge upon the victims. In short, stronger domestic violence laws have brought many negative effects rather than positive outcomes. Some of the interesting statistics of about the effect of domestic violence on UK children is given below. “At least 750,000 children a year witness domestic violence. Children who live with domestic violence are at increased risk of behavioral problems and emotional trauma, and mental health difficulties in adult life. In 75% to 90% of incidents of domestic violence, children are in the same or the next room. The link between child physical abuse and domestic violence is high, with estimates ranging between 30% to 66% depending upon the study. 70% of children living in UK refuges have been abused by their father”16 . The above statistics reveal that children are suffering a lot as a result of domestic violence cases. It should be noted that children during their developmental stages need the love and care of both father and mother. A mother cannot provide the same care and affection to the children as the father does. Same way, mother’s love and affection cannot be substituted by father’s love and care. Parental love and care complement each other and it helps the positive development of the children. Since majority of the domestic violence case end up in divorce, many UK children forced to develop under single parenthood. Neither the legislation nor the activities of social workers or agencies seem to be helping in reducing domestic violence cases. The major reason for homelessness among women in UK is often attributed to domestic violence. Domestic violence often causes family breakdowns and subsequently women forced to take shelter in charity homes or other shelter centers. The following graph provides a rough idea about various reasons of homelessness in UK. (Domestic abuse: Housing strategy, 2011) The dark blue portion the graph represents homelessness due to family break downs. It is evident from the graph homelessness due to family break downs is increasing gradually since 2005. It should be noted that UK government imposed some tough laws in 2004 to control domestic violence cases. However, these laws seem to be ineffective which is evident from the above graph. Conclusions Domestic violence case in UK is increasing day by day even though UK government is strengthening the legislations with respect to domestic violence. The reported cases of domestic violence are extremely low compared to the unreported cases. Since domestic violence takes place between the family members, victims often show reluctance in registering complainants against their beloved ones. In most of the domestic violence cases, the victim would be the wife and the offender would be the husband. However, there are many cases in which the offender happens to be the wives and the victim happens to be the husbands. Moreover, they are not ready to complain against the father of their children who was once her lover. Another reason which prevents women victims from registering their complaints is their fear of consequence. Statistics showed that even after the implementation of tight legislations, domestic violence cases in UK are increasing. At present UK laws deal domestic violence cases in criminal courts instead of family courts. Moreover, arrests and imprisonment are common in domestic violence cases in UK. Amidst all these realities, it is a fact that Domestic violence cases keep on increasing in UK. Along with strengthening of laws, social agencies should work hard to make an awareness in the minds of public against domestic violence incidents. References 1. 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 on 03 March 2012] 2. Domestic Violence Facts. 2009. National coalition against domestic violence. [Online] Available at: http://www.ncadv.org/files/DomesticViolenceFactSheet(National).pdf [Accessed on 03 March 2012] 3. Domestic Violence: Definition. 2009. [Online] Available at: http://www.domesticviolence.org/definition/ [Accessed on 03 March 2012] 4. Domestic abuse: Housing strategy, 2011. [Online] Available at: http://www.dartford.gov.uk/housing/documents/DomesticAbuseHousingStrategy.pdf [Accessed on 03 March 2012] 5. Iyengar, R. 2007. Does the Certainty of Arrest Reduce Domestic Violence ? Evidence from Mandatory and Recommended Arrest Laws. [Online] Available at: http://personal.lse.ac.uk/iyengarr/mandatory_arrest_revise_2.pdf [Accessed on 03 March 2012] 6. Johnson, J.C. 2008. Is there life after domestic violence?. [Online] Available at: http://www.helium.com/items/1001402-is-there-life-after-domestic-violence [Accessed on 08 November 2011] 7. Martin, T. 2007. Is there life after domestic violence?” [Online] Available at: http://www.helium.com/items/240814-is-there-life-after-domestic-violence [Accessed on 03 March 2012] 8. Police responses to domestic violence - full article 22.01.08. 2008. [Online] Available at: http://www.womensaid.org.uk/domestic-violence-articles.asp?section=00010001002200400001&itemid=1402 [Accessed on 03 March 2012] 9. Roberts A.R. 2002. Handbook of Domestic Violence Intervention Strategies: Policies, Programs, and Legal Remedies, Publisher: Oxford University Press, USA; 1 edition March 28, 2002) 10. Rights of Women, n.d. A Guide to Domestic Violence Injunctions. [Online] Available at: http://www.rightsofwomen.org.uk/pdfs/Legal/domestic_violence_2008.pdf [Accessed on 03 March 2012] 11. Statistics: Domestic Violence Incidence, n.d., [Online] Available at: www.womensaid.org.uk/core/core_picker/download.asp?id=1602[Accessed on 03 March 2012] 12. Women's Aid briefing: Domestic Violence Crime and Victims Act 2004 17.07.07. 2007. [Online] Available at: http://womensaid.org.uk/domestic-violence-articles.asp?section=00010001002200070001&itemid=1257 [Accessed on 03 March 2012] Read More