There is a disease in our society, the hidden epidemic that is Domestic
Violence and what is our system doing about it? Oh sure every state and
territory now has specific Domestic (Family) Violence legislation but what does
it do? Let me tell you, NOTHING!
Only Tasmania and the ACT have enacted legislation that "criminalises" acts constituting Family Violence. No other state or territory has empowered judicial officers to impose criminal sanction on perpetrators. Laws exist in our criminal codes which can be applied in certain situations but they seldom are and they don't cover the full range of acts that perpetrators can commit against their victims and that constitute Family Violence.
There is little understanding and even less protection and justice for victims of what I see as being one of the most heinous crimes in society today. It's well time that we blew the lid off this hidden horror; its victims have suffered in silence for long enough.
Domestic or Family Violence has until recently been practically un-responded to by the Criminal Justice System, why? Because it has long been considered to be a "family" matter, the law ought not to be involved in matters between a husband and a wife that occur behind closed doors. Talk about ignorance! Only now is the law beginning to understand the true nature of Family Violence and just how badly it has been failing it's victims for... well forever.
So what is Family Violence?
I'm glad you asked. There are many misconceptions about Family Violence. Generally speaking if you asked the average Joe on the street he would probably say "blokes who bash their wives" but Family Violence goes so much further and deeper than that. Let me explain...
A single act does not constitute Family Violence. It may well still be a crime for example, assault but Family Violence is characterised by the ongoing and sustained nature of acts carried out over time and the violence is not always physical. In fact Family Violence is more psychological than physical and is based in fear and control. Acts that constitute Family Violence include...
Physical Abuse (slapping, punching, kicking, pushing, pinching)
Sexual Abuse (unwanted sexual contact, a marriage certificate IS NOT a licence to rape)
Verbal Abuse (insults, name calling, degrading and intimidating language)
Psychological and Emotional Abuse (threats, intimidation, coercion, manipulation, put downs and degrading comments and controlling behaviour)
Social Abuse (preventing contact with family and friends, isolation)
Economic Abuse (controlling money and finances, not allowing the victim to have money of their own)
Overall the perpetrators aim is to control the victim and this is usually done by establishing a state of fear, a sense of isolation and dependence of the victim on the perpetrator. They will often say things like "Who's going to believe you" or use threats like threatening to harm children or animals or themselves or threatening to take children away or even threatening to kill the victim. Perpetrators are often charming or at least to people outside the family circle appear to be a "nice bloke". Hiding their activity is often part of a perpetrators MO. So powerful is the control that the perpetrator builds up over time that victims often feel like the abuse that they suffer is their fault and that they can't leave because their abuser will find them and punish them for their "betrayal". Often when they do leave the control that the perpetrator has is enough to coerce them back into the relationship. People who have been victims of Family Violence and have escaped (which usually requires assistance) will often need years of counselling and will still carry the emotional and psychological scars for life.
Stats on Family Violence
It is estimated that...
1 in 4 women will experience Family Violence in their lifetime
4 out of 5 cases of Family Violence go unreported
30% to 60% of Family Violence also involves child abuse
20.8% of homicides in Australia are between intimate partners
It is also estimated that the available figures are more likely to show minimum numbers rather than a real picture of the levels of Family Violence due to the under reporting and difficulty in detecting Family Violence.
Now, down to the arguments...
In December of 2008 the Victorian Family Violence Protection Act was enacted. This is a good example of modern Family Violence legislation and demonstrates that the Victorian government has developed an understanding of the inner workings of Family Violence for which they should be commended however, while this legislation takes great steps in the right direction it still doesn't go far enough. Under this act police can now issue a Family Violence Protection Notice which carries the same penalties for breach (including arrest) as an intervention order issued by a court and police can also apply for a Family Violence Protection Order on behalf of a victim rather than the victim having to apply for a protection order themselves. This demonstrates the governments understanding that many victims of Family Violence who have been suborned by their abuser for years are simply not emotionally capable of standing up to their abuser and that someone else needs to step in to assist and protect them.
Another example is that under the new orders, if a perpetrator is found at the home of a victim (assuming the order in place prohibits the perp from going near the victims home) even if the victim has invited the perpetrator in, the perpetrator will still be arrested, removed from the property and charged for the breach and the victim will not be guilty of an offence. This demonstrates the understanding of the coercive and manipulative power that perpetrators have over their victims and the need to protect these victims even and especially when they may be too afraid to ask for help or even say there is a problem.
All of this is great but it still stops short of the mark, why? Let me put it this way, if you were to assault, threaten, bully, intimidate, coerce, harass, manipulate, control, deprive of property or liberty, rape and/or otherwise abuse any person who was not a member of your immediate family, you would be criminally charged and in many cases go to prison for those crimes but you can do any or all of those things to your partner (and some of them to your children) not once but repeatedly over years and the worst you'll get is slapped with a protection order. No penalty for those years of abuse, just a stay away notice which has no effect on some people (According to Queensland Police Service Operational Statistics, between 1994 and 1997, 26.8% of women who were victims of unlawful killings had a current Protection Order against the person who killed them at the time of their death) in fact you have to breach the order before you will receive any kind of penalty and then you're only penalised for breaching the court order, not for the abuse.
There seems to be this mentality though that it's different if it happens within a family, damn right it's different, its worse! Worse because these acts of in-human un-kindness have been committed against the very people you are supposed to protect. Isn't our ultimate duty of care to our family?
Acts that constitute Family Violence are "criminal" acts and are deserving of no less than custodial penalty, preferably equivalent to the years of abuse committed at least. I know the bleeding heart brigade will disagree, I know they think that these people can be counselled and taught the error of their ways and that family units can be repaired. I by contrast can handle cold hard reality. These people are not just aggrieved husbands with personality disorders, they are dangerous and violent offenders and the first order of business is to protect their victims and provide justice for the abuse suffered. Sure you can counsel and educate them as much as you like, while they are behind bars serving a sentence befitting their crime. You can say what you like but I know that anyone who has been a victim of Family Violence will agree with me. I also know that as long as their abuser is at large, the victims will never truly feel safe and doesn't that mean they are still living in fear of their abuser? So what's changed for them?
On a final note, if we stop and think about it we probably all know someone who is or has been a victim of Family Violence. If you know about someone who is in a bad situation don't say "but what can I do". Remember I explained above that often these people can't help themselves? If you are aware that someone is being abused, do something! Talk to a Family Violence Outreach service to get advice. Talk to the police. Do something about it. We all need to take some responsibility for what goes on in our communities and to help protect the vulnerable.
So, what do you think?
By Wade A Lester
Only Tasmania and the ACT have enacted legislation that "criminalises" acts constituting Family Violence. No other state or territory has empowered judicial officers to impose criminal sanction on perpetrators. Laws exist in our criminal codes which can be applied in certain situations but they seldom are and they don't cover the full range of acts that perpetrators can commit against their victims and that constitute Family Violence.
There is little understanding and even less protection and justice for victims of what I see as being one of the most heinous crimes in society today. It's well time that we blew the lid off this hidden horror; its victims have suffered in silence for long enough.
Domestic or Family Violence has until recently been practically un-responded to by the Criminal Justice System, why? Because it has long been considered to be a "family" matter, the law ought not to be involved in matters between a husband and a wife that occur behind closed doors. Talk about ignorance! Only now is the law beginning to understand the true nature of Family Violence and just how badly it has been failing it's victims for... well forever.
So what is Family Violence?
I'm glad you asked. There are many misconceptions about Family Violence. Generally speaking if you asked the average Joe on the street he would probably say "blokes who bash their wives" but Family Violence goes so much further and deeper than that. Let me explain...
A single act does not constitute Family Violence. It may well still be a crime for example, assault but Family Violence is characterised by the ongoing and sustained nature of acts carried out over time and the violence is not always physical. In fact Family Violence is more psychological than physical and is based in fear and control. Acts that constitute Family Violence include...
Physical Abuse (slapping, punching, kicking, pushing, pinching)
Sexual Abuse (unwanted sexual contact, a marriage certificate IS NOT a licence to rape)
Verbal Abuse (insults, name calling, degrading and intimidating language)
Psychological and Emotional Abuse (threats, intimidation, coercion, manipulation, put downs and degrading comments and controlling behaviour)
Social Abuse (preventing contact with family and friends, isolation)
Economic Abuse (controlling money and finances, not allowing the victim to have money of their own)
Overall the perpetrators aim is to control the victim and this is usually done by establishing a state of fear, a sense of isolation and dependence of the victim on the perpetrator. They will often say things like "Who's going to believe you" or use threats like threatening to harm children or animals or themselves or threatening to take children away or even threatening to kill the victim. Perpetrators are often charming or at least to people outside the family circle appear to be a "nice bloke". Hiding their activity is often part of a perpetrators MO. So powerful is the control that the perpetrator builds up over time that victims often feel like the abuse that they suffer is their fault and that they can't leave because their abuser will find them and punish them for their "betrayal". Often when they do leave the control that the perpetrator has is enough to coerce them back into the relationship. People who have been victims of Family Violence and have escaped (which usually requires assistance) will often need years of counselling and will still carry the emotional and psychological scars for life.
Stats on Family Violence
It is estimated that...
1 in 4 women will experience Family Violence in their lifetime
4 out of 5 cases of Family Violence go unreported
30% to 60% of Family Violence also involves child abuse
20.8% of homicides in Australia are between intimate partners
It is also estimated that the available figures are more likely to show minimum numbers rather than a real picture of the levels of Family Violence due to the under reporting and difficulty in detecting Family Violence.
Now, down to the arguments...
In December of 2008 the Victorian Family Violence Protection Act was enacted. This is a good example of modern Family Violence legislation and demonstrates that the Victorian government has developed an understanding of the inner workings of Family Violence for which they should be commended however, while this legislation takes great steps in the right direction it still doesn't go far enough. Under this act police can now issue a Family Violence Protection Notice which carries the same penalties for breach (including arrest) as an intervention order issued by a court and police can also apply for a Family Violence Protection Order on behalf of a victim rather than the victim having to apply for a protection order themselves. This demonstrates the governments understanding that many victims of Family Violence who have been suborned by their abuser for years are simply not emotionally capable of standing up to their abuser and that someone else needs to step in to assist and protect them.
Another example is that under the new orders, if a perpetrator is found at the home of a victim (assuming the order in place prohibits the perp from going near the victims home) even if the victim has invited the perpetrator in, the perpetrator will still be arrested, removed from the property and charged for the breach and the victim will not be guilty of an offence. This demonstrates the understanding of the coercive and manipulative power that perpetrators have over their victims and the need to protect these victims even and especially when they may be too afraid to ask for help or even say there is a problem.
All of this is great but it still stops short of the mark, why? Let me put it this way, if you were to assault, threaten, bully, intimidate, coerce, harass, manipulate, control, deprive of property or liberty, rape and/or otherwise abuse any person who was not a member of your immediate family, you would be criminally charged and in many cases go to prison for those crimes but you can do any or all of those things to your partner (and some of them to your children) not once but repeatedly over years and the worst you'll get is slapped with a protection order. No penalty for those years of abuse, just a stay away notice which has no effect on some people (According to Queensland Police Service Operational Statistics, between 1994 and 1997, 26.8% of women who were victims of unlawful killings had a current Protection Order against the person who killed them at the time of their death) in fact you have to breach the order before you will receive any kind of penalty and then you're only penalised for breaching the court order, not for the abuse.
There seems to be this mentality though that it's different if it happens within a family, damn right it's different, its worse! Worse because these acts of in-human un-kindness have been committed against the very people you are supposed to protect. Isn't our ultimate duty of care to our family?
Acts that constitute Family Violence are "criminal" acts and are deserving of no less than custodial penalty, preferably equivalent to the years of abuse committed at least. I know the bleeding heart brigade will disagree, I know they think that these people can be counselled and taught the error of their ways and that family units can be repaired. I by contrast can handle cold hard reality. These people are not just aggrieved husbands with personality disorders, they are dangerous and violent offenders and the first order of business is to protect their victims and provide justice for the abuse suffered. Sure you can counsel and educate them as much as you like, while they are behind bars serving a sentence befitting their crime. You can say what you like but I know that anyone who has been a victim of Family Violence will agree with me. I also know that as long as their abuser is at large, the victims will never truly feel safe and doesn't that mean they are still living in fear of their abuser? So what's changed for them?
On a final note, if we stop and think about it we probably all know someone who is or has been a victim of Family Violence. If you know about someone who is in a bad situation don't say "but what can I do". Remember I explained above that often these people can't help themselves? If you are aware that someone is being abused, do something! Talk to a Family Violence Outreach service to get advice. Talk to the police. Do something about it. We all need to take some responsibility for what goes on in our communities and to help protect the vulnerable.
So, what do you think?
By Wade A Lester
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