Women`s organisations hail "breakthrough" sentence

The recent sentencing of a 41-year-old man to a month`s imprisonment for domestic violence has been described as a "breakthrough" by women`s organisations and people who work with abused women.

The sentence was handed down by Magistrate Jacqueline Padovani Grima and the case has been described as a turning point in local legal history.

According to a social worker, this was the first time a man had been imprisoned for having physically and emotionally abused his wife. The victim had been suffering the abuse for the past 15 years.

The case was also considered to be pivotal in local legal history in that emotional abuse - which is difficult to prove since it is a case of the victim`s word against the accused - was considered a crime.

The accused had been charged at the end of last year, following a violent episode.

The director of the social policy ministry`s department for women in society, Renee Laiviera, said the importance of the sentence stemmed from the fact that it put emotional abuse on a par with physical abuse - a reflection of the international discourse on violence.

It sent a clear message to Maltese society about the seriousness of such conduct, which has now been translated into a one-month prison sentence.

Ms Laiviera maintained that Magistrate Padovani Grima`s clear message was that such behaviour would not be tolerated. According to the sentence, it was unacceptable that there were men who still treated their wives as objects that could be possessed, controlled and abused whenever they pleased.

The Department for Women in Society has for years been working to support women victims of domestic violence and augured that the message would be a deterrent to potential aggressors. The enactment of the draft legislation on domestic violence should be a further step in that direction, Ms Laiviera said.

National Council of Women president Grace Attard also expressed satisfaction at the fact that psychological and emotional abuse were being recognised. Even the victims themselves did not always recognise it, she said.

One of the council`s major focuses was the detection of domestic violence at an early stage, Ms Attard said, adding that, in most cases, the problem was only tackled when women decided to come forward - in this particular case, after 15 years. Prevention should be concentrated on.

Ms Attard spoke of the need to formulate a specific protocol and procedures to deal with victims of domestic violence. The policy should include a routine questionnaire, which would be drafted under expert advice and would give victims a sense of security to speak out - something they only did if they were really cornered.

She also suggested the creation of a referral system to help the victims.

Health care professionals had to be trained to ask the right questions and collect the required data, Ms Attard maintained. General practitioners should be able to detect symptoms of domestic violence and the health department should be responsible for their training.

"The GP listens and sympathises, but if no action is taken, it is worse for the women, who have overcome barriers to open up for nothing."

Nipping domestic violence in the bud was the role of health professionals, midwives and hospital staff. Various related agencies and departments should be able to collate and share data and statistics, while respecting the privacy of individuals.

Ms Attard pointed out that statistics on domestic violence in pregnancy could be obtained through midwives, who would be able to detect it.

The child protection unit within the education department could also detect signs of domestic violence and should collaborate with NGOs and other government departments, Ms Attard said.

She also suggested the need for a multi-agency support system and a national centre for battered, or raped women, where they could undergo medical examinations and treatment.

Magistrate Padovani Grima`s sentence was considered to be an important step in that it would help women recognise emotional abuse and face the perpetrators; it would also serve to make men realise that abuse was punishable.

The loopholes had to be targeted and issues of domestic violence not only tackled when a woman finally plucked up the courage to speak out about her problem.

Giving statistics in the UK, Ms Attard said it was found that when police took action and the perpetrator was arrested and possibly locked up, the rate of repeated domestic violence was drastically reduced .

According to the statistics, police action was considered one of the most useful deterrents, while the separation of the couple was the least effective.

While welcoming the sentence, Ms Attard stressed that the council was not necessarily after punishment, but was more in favour of preventing the situation reaching the courts.

The council was aiming to detect domestic violence at the early stages so that women would not have to go to court to solve their problems, especially since it was considered to be expensive and time-consuming.

Ms Attard also believed that education in domestic violence could start earlier - at the university stage - and be a part of the psychology, nursing and education courses.

She spoke about the need for more support at the place of work for women who were suffering from domestic violence and were, therefore, more vulnerable.

Police were being trained to deal more effectively with the problem and required proper support and backing. Their attitudes needed to change in that they often considered domestic violence to be a family matter and acted more from the social point of view.

The tendency was to provide social assistance and take peace-keeping measures, rather than deal with the issue as a criminal matter.

Because the family was involved, domestic violence situations were often considered to be `private` affairs and the police felt they would be going beyond their duties and causing more harm by interfering and arresting the abuser.

Police usually referred the victims to a shelter, but other ways could be taken. Once a case of domestic violence has been reported, they could visit the home and keep a watch over the family and not just take up a social role, Ms Attard argued.

The problem was that many wives reported abuse, but refused to follow up their case and take it to court. They were more inclined to make up with their husbands for the sake of the family, Ms Attard said.

According to the UK statistics, privacy was cited as the reason why 80 per cent of the women interviewed said they did not report the abuse to the police.

Lawyer Lorraine Schembri Orland, who drafted the bill on domestic violence, felt that through the sentence, the courts were sending the much-needed message that abuse would not be tolerated.

Dr Schembri Orland augured that the courts would be consistent and that other magistrates would follow suit and understand the severity of the offence.

The tendency was for the courts to be reluctant to give sentences of imprisonment for such cases as the issue was still considered a domestic problem, rather than a criminal offence against the person.

But "if a woman is not protected in her own home, where can she be protected?" she asked.

Sr Margaret Gonzi, sister in charge of Dar Merhba Bik, which deals with women victims of domestic violence, felt the sentence was a "breakthrough" in that emotional abuse was being believed.

"The fact that emotional abuse is being considered grave - in that it causes damage to the woman - is empowering her."

Emotional abuse had major, negative effects on a person: even if the accusations were untrue, victims often started believing the repeated insults and criticism hurled at them that they are "no good", or bad mothers and cannot keep a clean house despite their efforts.

Such treatment breaks a person, destroying her self-image, causing depression and bringing about a form of mental illness, said Sr Gonzi.

The sentence was an example of "justice" being delivered to a person who has suffered continual and far-reaching harm. Many women go through such abuse for a number of years and it also has negative repercussions on their children, Sr Gonzi said.

Anne Cachia, a member of staff at the home in Balzan, which can cater for a maximum of 14 abused women at a time, said they were "absolutely thrilled" about the sentence.

From her experience in the field, spanning over 10 years, Ms Cachia said that many women found it easier to deal with physical violence than emotional abuse even though the latter wore them out completely and resulted in a total loss of self-esteem.

Magistrate Padovani Grima`s sentence was a positive development. It was not necessarily a deterrent, but meant more justice for women.

"The fact that they can be believed by the relevant authorities, who are understanding the implications of emotional abuse, makes a world of difference," Ms Cachia said.

"Women do not leave home capriciously, especially not to live in a shelter and share facilities with people they do not know."

Dar Merhba Bik provided shelter for 104 women and their 87 children in 2001 and 35 women and their 26 children between January and March. The figures have dropped slightly compared with previous years, but only due to the opening of other shelters. The largest number of women who sought shelter in 2001 was in the 20-29 age bracket, followed closely by the 30-49 group - a possible indication of accessibility of the home`s services.

The women using Dar Merhba Bik came from all over Malta and the home also catered for a woman from Gozo and a foreigner.