A domestic violence survivor who had to defend herself from an abusive partner on Tuesday described the new law scheduled to take effect next Monday as a step in the right direction, but said more needs to be done, especially from the moment a victim makes a report to the police.
The 33-year-old woman, whom the Jamaica Observer will not name, said the issue has to be fixed in the initial stages for victims to truly benefit. She was responding to Gender Minister Olivia Grange’s statement in Parliament in which she encouraged victims to come forward and seek protection under the Domestic Violence (Amendment) Act, 2023.
“Let the word go out from here that we are serious about dealing with domestic abuse. A new era has come for protecting victims and increasing the punishment for perpetrators of domestic abuse,” Grange said in her statement.
“Domestic abuse is not inevitable. It doesn’t have to happen. There is no excuse for abuse, and we can end the abuse. The amendment of our legislation is part of our effort to end the abuse. And I’m saying to all women out there, and men, don’t be afraid; there is protection for you,” Grange said.
The gender minister said the governor general has given assent to the amended legislation which was passed in both Houses of Parliament last December.
The Government and parliamentarians, she said, have demonstrated their “commitment to preventing domestic violence through the passage of these important amendments”, which will, among other things, allow the court to issue protection orders and impose a penalty of up to $1 million for breach of a protection order, up from a maximum of $10,000, and a sentence of up to one year in prison.
“The protection orders are intended to guard against an array of potential harm from harassment to property damage, and it is right with the passage of time that we now apply a more appropriate penalty that will serve as a deterrent to this very serious crime,” she said.
However, the domestic violence survivor, who recounted her experience to the Observer, said that when she turned up at the police station, face swollen, and with a broken finger, to make a report, she was sent back to the home she shared with her ex.
That night he had rapidly punched her face six times, knocking her to the floor unconscious, she shared.
“When I reported my case to the police, they saw my face; my face was swollen. They didn’t do anything about it, they just came by the house and they left us there the night,” she said.
At the time she was the tenant on the lease, and the agreement with her ex was that he would cover the rent and she would pay the utilities. However, he had quit paying the rent, she said.
“Even when I explained and told the police that the house was not his, it was my house, I got the house to rent, and I said I didn’t want to stay there with him, they said they can’t get him out,” the woman related.
She said she and her ex slept in separate areas of the house — him in the front and she in the back.
“They left us there that night, and three nights after that he came to the back room for me to sleep with him that night,” she said, adding that when she resisted he got angry and took a hammer to her TV and sewing equipment. Then he left the house.
“I knew he was coming back that night. I took my three boys and put them in the front room,” the woman said, adding that she barricaded herself inside, with three knives for protection.
“Because I knew that if he came back he was coming to kill us. And he did come back and kicked the door [several times], but the door wouldn’t open, so he left.”
She said had the police reacted from the first time she made a report her ex may not have come back.
“If he had come in the room that night, it’s either he would have killed me or I would have killed him,” she said.
Arguing that the police have to be more responsive from the initial report is made, she said that in her case no photos were taken.
“You know how I got him to leave me alone? I had to send my [family member] to him to threaten him, that’s how he left me alone. I didn’t want to get them involved. Even all my abuse, I had to hide it from them, because I couldn’t let them know. But when I realised that the police weren’t helping, I had to seek different help,” she said.
“It’s like police only run to your rescue when they have a crime scene,” she said. “Because if they had fixed it from the first time it would have been better. This could have led to a crime scene, because I decided that night that if he came inside I would retaliate. When a woman is making a report, the police should take more action, especially when they see proof.”
She also said a woman with obvious injuries should not have to go to court for a protection order to keep her abuser away.
Under the Domestic Violence Act, the court may issue a protection order if it is satisfied that the accused has used, or threatened to use, violence against or caused physical or mental injury to a person and is likely to do it again.
The protection order prohibits someone who is abusive — either verbally, emotionally or physically — from entering or remaining in a particular household, place of work, place of education, or any particular place that could affect a prescribed person.
Grange, in her statement, said the new law will also increase the categories of persons who can make an application for a protection order, including the spouse or parent of an individual in respect of whom the conduct has been made, or is likely to be made. In addition, the children’s advocate will also be able to apply for a protection order where the alleged conduct is threatened against a child. Further, the amended legislation will allow the Minister of Gender Affairs to flexibly amend monetary penalties.
“We continue to improve our services to victims, punish perpetrators, and review our laws to create effective deterrence to would-be perpetrators. In this regard, I look forward to the deliberations of the joint select committee that will review the Domestic Violence Act towards strengthening the protection of victims and dealing appropriately with perpetrators,” she said.
Grange said that in the last few years the Government has significantly improved its support programme for people facing domestic violence through her ministry, as well as the security ministry.
“We have opened two government shelters and the third is under way. We have now fully operationalised the national gender-based violence helpline, and we now have more staff to provide psychosocial support and counselling.
“I take this opportunity to urge the woman or man listening to me [who] feels trapped in a violent relationship; my sister, my brother, there is hope, your life can change. It doesn’t have to be the way it is. I want to say to them, just call the helpline or text us and we will help,” she told the House.
The helpline numbers for women are (876) 553-0372 and (876) 236-1713; and the helpline number for men is (876) 553-0387.
Opposition spokeswoman for gender affairs, persons with disabilities and inclusion Denise Daley welcomed the timely passage and operationalisation of the legislation.
She noted, however, that this is “something that needs much more than just a phone number. We need now, Madam Minister, to start the public education”.
Grange responded that the public education programme has started and is going to be further expanded.
