Definition; Historical Overview; the Domestic Violence Act; and Case Study
Definition
Domestic Violence refers to violence or aggression committed by a person against another within the home, usually involving the abuse of a spouse. It is usually a repetitive and continuous process and is often perpetrated by someone in a dominant position or who is seeking to establish dominance over their victim. It is a means of control most commonly used to keep someone from leaving the situation. Domestic violence may be physical, sexual, psychological, or emotional abuse. Its prevalence in our society calls for a deeper look into what it was when it started, the reasons for it, its effects on all involved or affected by it, and the law’s response to it.
Historical Overview
Domestic violence is historically ingrained in the fabric of our local culture and was commonly accepted as a way of life for many families. In the traditional patriarchal society, the man, as the head of the household and sole breadwinner, often established dominance. The female partner was, and in some sections of society, still seen as property, a mindset that only perpetuated the problem. The man was allowed to punish his wife for her ‘mistakes’, often through violent physical beatings and verbal abuse – yelling, screaming, threatening, degrading, and belittling – each equally detrimental. These scars were hidden from the naked eye, but nonetheless, they were equally painful. This pattern of abuse and violence has been at the very seams of our culture as a Caribbean society for many years.
However, the social and legal attitudes towards domestic violence changed over time. In fact, in the case of R v Jackson [1891] 1 QB 671, CA, a husband was found to have no right to kidnap or detain his wife against her will. Further, the case of R v R [1991] UKHL 12 is a landmark case on marital rape. The husband contended that he was not guilty of attempted rape since a husband could not rape his wife. The House of Lords ruled that a husband could rape his wife, and as a result, he was charged with his wife’s attempted rape.
According to Justice Rajnauth-Lee, Judge of the Caribbean Court of Justice (‘CCJ’), domestic violence has become the reality of primarily women, owing largely to the “patriarchal plantation structures” which have shaped the “nature of gender relations in the Caribbean”. However, domestic violence does not only affect women. Rather, men, children, and families can also be the victims of such crimes.
