Addressing the issue of domestic violence (Date: 05/06/2002)
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In Malta, in many areas there is a considerable imbalance in the power relations between women and men. The most extreme example of such an imbalance is the occurence of men’s violence against women. Violence against women in the home is a serious social problem and one of the most serious barriers to the ongoing development towards equality between women and men.
Domestic violence is still considered with shame both by the victim and by society. Perhaps this is the result of sweeping statements that imply that the Maltese family is still strong; perhaps because society tends to pity victims rather than show care and understanding.
The issue of domestic violence must not remain a secret of shame and fear.
Victims of domestic violence are mostly shattered women who have suffered physical, mental and violence for years before they are driven to leave home often because the life of their children is in danger. In the worst situations they often end up in forced prostitution or suffering from mental health problems.
Domestic violence in its wider sense includes criminal acts of assault, unlawful threat or coercion, sexual or other molestation, sexual exploitation etc. against a woman to whom a man has been married or with whom he is or has been cohabiting. Domestic violence includes violence against children by other perpetrators, other than the father that are related to the victims and are living in the same house. Other victims include the elderly who are or may be completely dependent on others for the necessities of life
Efforts to eliminate violence against women should be guided by principles which include the safety of victims, the empowerment of women and respect for the dignity of all persons; it is not simply a question of protection or of according a privilege. Policies and programmes should be guided by a gender perspective, based on equal and fair access to justice.
At present, the law lacks structures that offer security to the victims. Besides present penalties do not reflect the ‘domestic’ element in this kind of violence – in the home, that is the place where people should find safety and security. Nor do the punishments reflect the fact that these acts are part of a repeated violation of a woman’s integrity.
Statistics
Statistics have revealed that 2350 women have sought the services of the SWDP since it was set up in 1994 and APPOGG, (2001) that means 300 women every year. At present, there are 55 reported cases per month, out of which 40 are new cases. Between January and October 2001, 59 women have made use of the new emergency shelter set up by APPOGG, together with their children who accompany them. It is estimated that by the end of the year 75 women will have made use of these services. Since 1999, 90 men have voluntarily made use of men’s services offered by APPOGG, specifically for men who are perpetrators of violence. One needs to reflect on what makes men insecure to such an extent that they revert to violence.
One must not discuss domestic violence without focusing on the effects on children. Statistics show that out of 82% of children abused sexually, 19% are abused by members of the family. Only 5% are reported and only 5% of the perpetrators are prosecuted. 1 out of 7 reported cases of rape are within marriage, while 62% of the rapists are known by the victim. In 90% of the domestic violence cases, children are either in the same room or in the room next door. 90% of women who seek mental care have been abused.
Legislation
New and more rigorous legislation is required to deal with repeated punishable acts directed by men against women with whom they had a close relationship; this should also cover children and closely related persons. This new offence makes it possible for the court to increase the penal value of the above acts in situations where they are part of a process and which therefore make it possible to take the entire situation of the abused woman into account as it constitutes a violation of the woman’s integrity.
A gender neutral language in the Penal Code is important especially in cases of assault and sexual crimes
A complete review of the provisions on sexual offences is necessary. This can be carried out by a Law Committee on Sexual Offences to examine to what extent the offence of rape should focus on consent rather than force. The Committee should also undertake a study of the courts’ practice in the determination of punishment and of the reasoning employed about penal value where sexual offences are concerned
Provisions on sexual harassment in working life
Women going through court procedures related to domestic violence need to find gainful employment to be able to overcome financial problems. Besides the need for training to go back to work, these women need protection at the workplace as they can easily become victims of another form of violence .
Consequently, the rules concerning sexual harassment included in the imminent Equal Opportunities Act should ensure that women have access to this protection. Besides making it obligatory to have a sexual harassment policy, this act should ensure that every employer is obliged to take active measures to prevent an employee from being exposed to sexual harassment. The employer must make clear in a general staff policy statement that sexual harassment involving employees cannot be tolerated. The employer who does not fulfill these obligations runs the risk of having to do so under the penalty of a fine. Finally an employer who receives information that an employee has been exposed to sexual harassment by another employee must investigate the alleged harassment and where necessary must take steps that can be reosanably required to prevent continued sexual harassment under obligations to pay damages to an injured employee. In cases where the employer is the one harassing the employee the rules concerning molestation in the Penal Code should be applied.
Extending the possibilities of free Legal Aid for women who are not gainfully occupied and the possibility of further protection to women who are severely threatened as well as introducing measures for more effective work within the police force should be included in Domestic Violence legislation.
There is also the need for increased financial support to shelters by the state with the co-operation of the private sector.
Preventive Measures
There is the need for common tasks to be undertaken by certain administrations with the aim of giving concrete expression to their responsibility and duty to take appropriate measures on issues concerning violence against women. The Criminal Justice System, the Social Welfare and the Health Services should:
• increase their efforts to prevent violence against women
• draw up an action programme or policy document for their work on this question
• work in collaboration with each other and with voluntary organisations
• follow international developments in this aarea
• report regularly to goverment on steps taken
A gender perspective in criminology research should be developed. This work can be carried out by the National Council for Crime Prevention within the judiciary and can develop research on violence against women
The National Board of Health and Welfare should undertake development work on questions concerning violence against women and prostitution. The work will seek to facilitate the expansion of competence and improvements of methods within the social and health services.
Treatment methods for men
The new law makes it compulsory for perpetrators of violence to undergo treatment. Therefore there is the need to study existing methods of treatment for men and ascertain what methods are suitable and effective. Knowledge of the causes of male violence should be taken into account when evaluating these methods.
Supportive work among men should be encouraaged. Organistions run by men with the aim to further develop ways and means including information to men about violence against women could be given financial support by government.
Youth
It is especially important to reach out to youth on questions concerning violence against women. Young people are vulnerable and through the education system, projects can be devloped to create awareness and skill building among young people.
Improved ways and means of supporting women victims
Further training for professional groups
Women victims must in future be better understood and supported by the professional groups with which they come in contact. This can be achieved if personnel receive training in matters concerning violence against women, the mechanisms behind violence and ways and means to prevent and support women victims. Large scale training for persons from the criminal justice system, the social welfare and health services should be carried out
Questions of gender equality and violence against women should be emphasised in the education for professions in which the professional comes in contact with the women who have been victims of gender-related violence. These include the following professions: midwifery, child and youth pedagogy, primary and secondary school teachers, law, medicine, psychology, psychotherapy nusring, social care, dentistry and theology.
Training the Police Force and offering specialised training to women in the Police Force to be able to deal with situations of victims reporting violence in the local Police Stations can offer better conditions for women to report cases at an early stage.
National Centre for battered or raped women
The purpose of such a centre is to provide medical examination, treatment and support to women subjected to violence. The centre’s activities should develop routines and treatment methods within the medical system to enable women to seek medical advice and treatment. The centre should be available round the clock.
The Role of the media
Unfortunately women are utterly exploited by the media. Instead, they can contribute in many ways, not least by avoiding sensationalism in reporting cases of domestic violence. Women journalists can influence public opinion in their reporting not only of such cases but also by reporting achievements of women that enhance their dignity as individual human beings.
The issues regarding violence against women are many. We need to establish priorities, strengthen services and initiatives that already exist, establish time frames and targets and start now. As a woman recently stated, we must give voice to the silent victims if we truly believe that human rights are also the rights of those who have little or no access to justice.
Grace Attard
President NCW