Better safe than sorry: Magistrates' views on the Domestic Violence Act

As part of an ongoing project to monitor the implementation of the Domestic Violence Act, this article focuses on the role of magistrates. The impression exists that magistrates have a tendency to judge domestic violence matters conservatively. But research shows that most take a 'better safe, than sorry' approach in granting particular conditions in protection orders. The general sentiment is that it makes more sense to have an all inclusive protection order than one that will be subject to variation at a later stage

Violence against women in rural Southern Cape : exploring access to justice within a feminist jurisprudence framework

Includes bibliographical references.Women in rural and severely underprivileged areas remain one of the most vulnerable groups in South Africa to violence in their communities and in their homes. To date, information on rural women, their experiences with domestic violence and social development is both fragmented and inconsistent. The issue of access to justice for rural women presented in this thesis is based on the premise that violence against women keeps women in conditions of poverty, and fear of poverty keeps women trapped in violent situations. It is also based on feminist theory that argues that historical, legal, cultural and political factors contribute to domestic violence and even with emerging policy and legislation promoting wo1nen's safety and freedom from violence, the criminal justice system has not shed it's predilection of institutionalised sexism. It will be argued that systemic discrimination against rural women has lead to the inadequate implementation of legislation and policy relating to women's fundamental rights to safety and freedom from violence. This research, therefore, takes the challenge of constructing an appropriate framework for an integrated analysis of law, gender, and social development. It does so through a feminist jurisprudence framework. The central aims of the research are to: (i) examine the nature or profile of domestic violence in rural areas; (ii) identify the obstacles which prevent women from accessing justice in the face of domestic violence; (iii) identify support mechanisms within rural communities for victims of domestic violence; (iv) explore current policing, justice and health care responses to rural women who experience domestic violence; (v) examine the nature of secondary victimisation of these women by their communities and the relevant criminal justice departments; (vi) examine the nature of current policy and legislation in relation to violence against women and establish the extent to which they have impact on rural women; (vii) to identify gaps in service delivery in rural areas and (viii) to highlight the unique barriers to justice that rural women face. The issues of access to justice for rural women is introduced in this thesis through a study undertaken in rural areas in the Southern Cape. Access was facilitated to 15 different communities in the Southern Cape and 168 women in total were interviewed on issues of violence against women and access to justice. Another 28 women were interviewed on issues relating to maintenance. The primary data collection technique of this research in the Southern Cape took the form of 19 focus-group interviews through a cross section of community structures. These interviews took the form of 'workshops', in which an active exchange of information between the researcher and the researched took place. The focus-group interviews were held in communities in Knysna, Rheenandal, Kurland Dorp, Plettenberg Bay, Sedgefield, Mossel Bay and George. The results indicate that access to justice for rural women is limited for the following reasons: (i) women in rural areas lack nearby services and the cost of transportation decreases a won1an's ability to leave violent situations or even seek information or assistance to deal with the problem; (ii) Women in small rural communities articulate fears of community gossip or alienation from their communities if they seek assistance; (iii) women in rural areas have little option but to remain in the home with the offender because there are no accessible safe houses or shelters; (iv) women remain powerless over alcoholism within their communities; (v) rural women remain in abusive relationships because they have little access to economic resources; (vi) limited access to state and private health, welfare and justice services results in systemic discrimination by the state in almost every area of rural w0men's lives; (vii) distances to basic public services are great and child care is a problem if travel is necessary; (viii) very few development services exist in rural communities; (ix) there are no or limited taxi and bus services and if they do exist they are expensive; and (x) the combined effects of poverty and violence for rural women in the Southern Cape creates formidable barriers to women's equality, mental and physical health, and their full participation in civil society. In light of these results current South African policy and legislation relating to domestic violence and crime prevention are discussed. The thesis concludes that current law contains systemic inequalities, that state legal structures are inherently discriminatory against women and, more specifically, do not meet the needs of rural women

TOUGH CHOICES: Difficulties facing magistrates in applying Protection Orders

The second in a series of articles on the Domestic Violence Act considers some of the most difficult issues that magistrates must decide on. These include the temporary removal of the ‘abuser’ from the common home, emergency monetary relief for ‘victims’, and orders specifying the terms of contact with children. Magistrates’ opinions on these controversial issues vary greatly, with the result that victims get uneven assistance from the courts. Magistrates, however, argue that the variation of opinion reflects their independence and discretion, as well as the various capacities of the lower courts to implement the Act

BETTER SAFE THAN SORRY: Magistrates’ views on the Domestic Violence Act

As part of an ongoing project to monitor the implementation of the Domestic Violence Act, this article focuses on the role of magistrates. The impression exists that magistrates have a tendency to judge domestic violence matters conservatively. But research shows that most take a ‘better safe, than sorry’ approach in granting particular conditions in protection orders. The general sentiment is that it makes more sense to have an allinclusive protection order than one that will be subject to variation at a later stage

LOSING GROUND? Making sense of attrition in rape cases

South Africa is notorious for being the ‘rape capital of the world.’ The new Sexual Offences Bill introduces a number of legal reforms intended to improve the handling of sexual offences cases. But these new reform efforts will not have the desired impact if laws are not properly implemented or interpreted. It is argued that we need to pay urgent attention to the unacceptable high number of cases that drop out of the system, and ensure that victims are given the tools and support to participate effectively in the legal process

Sexual violence against children in South Africa: A nationally representative cross-sectional study of prevalence and correlates

Background We could identify no nationally representative South African studies of sexual violence against children. Methods A multistage sampling frame, stratified by province, urban/rural and race group, selected households. Within households, children aged 15-17 years were interviewed after obtaining parental consent. The final sample was 5,631 (94.6% participation rate). Findings 9.99% (95%CI 8.65-11.47) of boys and 14.61% (95%CI 12.83-16.56) of girls reported some lifetime sexual victimisation. Physical abuse, emotional abuse, neglect, family violence, and other victimisations, were all strongly associated with sexual victimisation. The following were associated with greater risk of sexual abuse (adjusted OR); school enrolment (OR 2.12; 95%CI 1.29-3.48); urban dwelling (OR 0.59; 95%CI 0.43-0.80); having a flush toilet (OR 1.43; 95%CI 1.04-1.96); having a substance-misusing parent ( OR 2.37; 95%CI 1.67-3.36); being disabled (OR 1.42; 95%CI 1.10-1.82); female but not male caregivers’ poorer knowledge of the child’s whereabouts, friends and activities (OR 1.07; 95%CI 0.75-1.53) and poorer quality of the relationship with the child (OR 1.20; 95%CI 0.55-2.60). Respondents’ own substance misuse (OR 4.72; 95%CI 3.73-5.98) and high-risk sexual behaviour (OR 3.71; 95%CI 2.99-4.61) were the behaviours most frequently associated with sexual abuse, with mental health conditions far less prevalent but nonetheless strongly associated with sexual victimisation (PTSD OR 2.81, 95%CI 1.65-4.78; depression OR 3.43, 95% CI 2.26-5.19; anxiety OR 2.48, 95%CI 1.61-3.81). Interpretation Sexual violence is widespread among both girls and boys, and is associated with serious health problems. Associated factors require multi-sectoral responses to prevent sexual violence or mitigate consequences

The gendered context of women charged with violent offences in the forensic psychiatric setting

Background: Women charged with violent offences may be referred by courts for forensic psychiatric assessment to determine whether mental disorder or intellectual disability impacts their fitness to stand trial and/or criminal responsibility. The profile of these women is a poorly researched area in South Africa. Aim: This study examined the socio-demographic, offence-related, and clinical profile of South African women charged with violent offences referred for forensic assessment. Setting: Fort England Hospital (FEH), a forensic psychiatric institution in the Eastern Cape. Methods: The clinical records of 173 women referred by courts for forensic psychiatric evaluation over a 24-year period (1993–2017) to FEH were systematically reviewed. Results: Most women were single, black mothers with dependent children, who were unemployed and socio-economically impoverished. Many had backgrounds of pre-offence mental illness, alcohol use and alleged abuse. The majority were first-time offenders whose victims were known to them. Most child victims were biological children killed by their mothers. Likely primary motives for violence were related to psychopathology in half of cases, and interpersonal conflict in a third. Forensic assessment most frequently confirmed psychotic disorders and dual diagnoses. Half the cases were fit to stand trial and under half were criminally responsible. Conclusion: Violent female offending occurs within a gendered context, with high rates of prior trauma, alcohol use and psychosocial distress in perpetrators. An emphasis on gender-sensitive psychosocial interventions is required. Contribution: This study highlights the nature and context of violent offending by women referred for forensic psychiatric assessment in South Africa

The psycho-social and clinical profile of women referred for psycho-legal evaluation to forensic mental health units in South Africa

Background: There is a paucity of research on women offenders in the South African context, particularly those referred for forensic psychiatric observation. Little is known about their life histories, the nature of their offences or the psycho-social contexts that enable, or are antecedents to, women’s criminal offending. Aims: This research study, the largest of its kind in South Africa, examined the psycho-social contexts within which women offenders referred for psychiatric evaluation come to commit offences. The profiles of both offenders and victims, as well as reasons for referral and forensic mental health outcomes, were investigated. Methods: A retrospective record review of 573 cases, spanning a 12-year review period, from six different forensic psychiatric units in South Africa, was conducted. Results: The findings describe a population of women offenders who come from backgrounds of socio-demographic and socio-economic adversity, with relatively high pre-offence incidences of being victims of abuse themselves, with significant levels of mental ill-health and alcohol abuse permeating their life histories. The majority of index offences which led to court-ordered forensic evaluations were for violent offences against the person, with murder being the single most common index offence in the sample. Most victims of violence were known to the accused. There were also relatively high rates of psychotic and mood-spectrum disorders present, with relatively low rates of personality disorders. The majority of women were deemed to be trial competent and criminally responsible in relation to their index offences. Conclusion: It is recommended that more standardised and gender-sensitive forensic mental health assessment approaches, documentation and reporting be employed throughout the country. Future research should compare male and female offending patterns and forensic mental health profiles