Last week, the news of a murder/suicide shocked a community in south Trinidad. As the news unfolded, it was discovered that the woman murdered was a hardworking and dedicated council member at the Siparia Borough Corporation. Her father, in his interviews with media personnel, confirmed that the relationship between the husband and wife had its challenges and he was concerned that anything could have happened at any time. It is apparent that his concerns were well-founded given the tragedy which unfolded.
Imagine a woman, who, her community contends, worked diligently to address their concerns and worries, in the last moment of her life, had no one to save her from her own worries. It speaks volumes to not just women, but persons in violent or tumultuous relationships. It does not matter who you are; if your relationship has signs of violence, then anything can happen at any time.
The UN Women, in collaboration with the Trinidad and Tobago Government, prepared a report on gender-based violence in T&T – a qualitative study. According to their findings, reports of domestic violence and sexual offences are constantly increasing within the country.
Between 2000 and 2013, there were 19,078 reports relating to domestic violence and within that same time, there were 131 domestic violence-related deaths, of which 56 per cent were females. No doubt, from 2013 to the present, those statistics may have increased.
T&T isn’t alone in the battle against domestic violence. In 2019, the UN Women Caribbean conducted its first survey on gender-based violence in Guyana and found that one in every two Guyanese women has or will experience some form of intimate partner violence in their lifetime, with 13 per cent experiencing some kind of abuse before they turn 18. The statistics coming out of these two Caribbean countries are worrying.
In response to our struggles with domestic violence, T&T in 2020 amended the existing domestic violence act. Domestic violence itself was redefined to include the sharing of intimate images and the category of persons who could apply for protection was expanded.
Guyana, in response to their domestic violence concerns, also amended their existing legislation in the hope of aiding their battle with gender-based violence.
Unfortunately, the provisions of the domestic violence act and the amendments which were meant to bring further relief cannot and will not work on their own. The evidence is clearly before us and we are given constant reminders.
The reports of murder/suicides, the trending videos depicting various forms of domestic abuse and the numerous matters reported to the police are clear indications that domestic violence legislation, on its own, simply will not work.
We can consider tougher penalties, longer periods of protection, perhaps even create a system that can expedite domestic violence matters, but will any of that work?
Let’s consider the murdered councillor. I have not read any articles which indicate that she had reported acts of violence to the police, or, had applied for a protection order or had attempted to leave the relationship and was unable to do so.
The truth is, many victims of domestic violence do not apply to the court for protection, do not make reports to the police and certainly do not seek help or assistance from persons outside their families, and in many cases, many victims remain silent. Passing and amending legislation will only work if persons seek the court’s assistance, which does not always appear to be the chosen path for some victims.
It would be easy to sit back and blame victims for their silence, but blame is the reason for their silence. We live in a society where victim-blaming is the norm. Women who are abused are not always properly protected or viewed as victims.
Instead, blame is cast on the victims, with persons quick to make comments which indicate the victim was deserving of some form of abuse. Victims are ridiculed and even shunned.
Our country itself does not have sufficient avenues available to assist domestic violence victims. Shelters are limited, assistance with childcare comes at high prices, and social welfare assistance does not cater for women who simply need assistance to re-establish themselves in the workforce. While securing a divorce can be done within a few months, property settlement to secure monetary settlement to move forward does not always occur in a timely fashion. This in itself means that a woman who is not gainfully employed or financially independent does not have the luxury of simply packing her bags and leaving, the way society often thinks they should do. It means that a woman who is financially dependent on her abuser has to consider her financial well-being, the well-being of her children, her ability to secure shelter and financially maintain herself.
While many will argue that her physical well-being should take precedent over her financial well-being, sadly, finances are necessary in many instances to walk away.
It is time to recognise that the Domestic Violence Act and protection orders are simply paper protection. Victims of abuse need much more in order to escape their abusive relationships, aside from shelter, food, employment and the other necessities to re-establish their lives.
Victims need understanding and compassion. Our culture of victim blaming often adds a layer of emotional and psychological pressure on victims, forcing them to stay in abusive relationships.
Our culture still functions on the mindset ‘what will people say’. We need to be able to move away from that, but it is easier to consider amending legislation than to change cultural attitudes.
Pavitra Ramharack is head of chambers at Pavitra Ramharack Attorneys at Law and can be reached at ramharack_pavitra@outlook.com
