| – Victims disinclined to offer evidence against their abusers While recent statistics show a steady increase in the amount of persons who are murdered,Wholesale China Jerseys, injured or permanently scarred as a result of domestic abuse, statistics reflect an even further increase in the abrupt termination of matters related to abuse and domestic violence that are placed before the courts.Two in every three cases of domestic abuse before the local Magistrates’ courts are aborted, owing to the reluctance of victims to offer evidence against their abusers.An average of 40 cases related to domestic abuse passes through the Magistrates’ courts every week.Human Services Minister Jennifer Webster had hinted at revisiting the current domestic violence legislation to ensure that even if a woman “backs out” on giving evidence against her abuser, the police can still proceed with the matter once there is sufficient evidence.The police had developed a zero tolerance approach to domestic violence and issues related to abuse. The law enforcement agency has implemented a strict system whereby complaints of domestic abuse must be filed for court action.In a bid to highlight the underlying factor of the current statistics, several persons of judicial capabilities were interviewed by this newspaper.A number of those who spoke to Kaieteur News are convinced that the court should be in sync with the rest of the law enforcement chain and adopt a similar zero tolerance approach.However matters of such nature at a judicial level can be, ‘quite ticklish.’Attorney -at- Law, Haymant K. Ramdhani, lauded the Minister’s effort to stop this sort of abuse. He however noted that an amendment of this kind threads on sensitive grounds given that it relates directly to relationships and families.“It will be a good initiative by the Minister. This amendment to the legislation has the ability of deterring abusers and potential abusers. However the matter is quite intricate and sensitive …. If the amendment is to compel a woman to give evidence against her husband, who is the breadwinner of home, this can cause a social predicament. There are all sorts of complexities implicated in such matters and the effects that such a law can destabilize marriages, and the society at large.”Mr. Ramdhani, a former Magistrate, pointed to Chapter 10:02 Section 22 of Summary Jurisdiction (Procedure) Act which relates to refractory witnesses.“The law stipulates, where any person attending either in obedience to summons, or by virtue of warrant, or being present in court and being verbally required by the court to give evidence in any case –refuses to be sworn or having been sworn refuses to answer any question put to him by or with the sanction of the court, or refuses or neglects to any document which is required by the court to produce without offering a sufficient excuse for his refusal, the court may,Wholesale Soccer Jerseys, if it thinks fit, adjourn the hearing of the case for any period not exceeding eight days, in the meantime, by warrant may commit the person to prison, unless he sooner consents to do what is required of him.”“It is my legal opinion that this section of the law can be applied in certain cases, since the complainant in any case is a witness and as such the court can persuade the complainant to give evidence against the accused,” Ramdhani said.Another judicial officer pointed out that in the judicial system, it is not a custom for Magistrates to force a victim into giving evidence against the architect of the crime. That decision lies solely in the hands of the victim.“However,Cheap Jerseys, Magistrates are not entirely powerless in this regard, as couples can be placed on peace bonds. The Magistrate can send out a stern warning to abusers before the court,Cheap Jerseys, or in some cases involve the social workers (Probation Officers).”In outlining a major contributing factor for the disinclination of victims (which in most cases are women) offering evidence against their attackers, the legal officer said that victims often quip, “Yuh Worship, is me child father or my husband is the breadwinner for the family, me ain’t want no story.”“Most women back down because of the lack of empowerment, while some refuse to be empowered.”Meanwhile, APNU Member of Parliament, Deborah Backer believes that the issue should be tackled from basic standpoints.“If the Virtual Complainant refuses to go into the witness box and testify against his or her attacker, there is not much that the court can do ….however, if we have topics such as anger management or life skill classes woven into our education system, places of work, or invest in billboards that campaign against domestic and interpersonal violence, this will raise awareness and we might see better results,” explained Mrs. Backer, who is an Attorney -at -Law.“Education is not just about academia or how much subjects a person can acquire. While being a high achiever in this regard is commendable, being a well rounded individual is even more important. That’s where I believe the Education system can advance. We need to start at the basics with our children, inculcating in their study lifestyle topics that will help build their character,” Backer reiterated.The main opposition party,Soccer Jerseys China, A Partnership for National Unity APNU has recently uttered the need for a unit to address issues of interpersonal violence.APNU believes that there is a need for added support systems designed for vulnerable women and girls in crisis, and an increased number of safe homes for abused,Cheap MLB Jerseys China, battered, trafficked and sexually-exploited women and girls. |
