Guyana’s Attitude towards DV; Protection Order; How to Improve the DV Crisis
“Violence against women and girls may be the world’s longest, deadliest pandemic”, warned the United Nations Secretary-General, Mr António Guterres, during his address on the 22nd March 2022 at the Group of Friends Commission on the Status of Women event “Role & Responsibility of Men and Boys in Eliminating Gender-Based Violence”, in New York.
____________________________________
As a recap, a domestic violence offence refers to the violence or abuse committed by a person against another person while they are in a domestic relationship. As previously mentioned, this abuse is often physical, sexual, and/or emotional.
In an article by the Kaieteur News on the 7th of December, 2023, titled “Elimination of Violence against Women”, it was expressed that “…violence against women is a frightening phenomenon [and is] a settled culture in Guyana”.
The situation has escalated to the extent that in Guyana, there are a number of weekly reports of violence being committed against spouses and children. Further, there are even more cases which are not reported to the Police or covered in the media.
During the latter part of November 2023, the Guyana Police Force reported two violent matters. The first one was Cheriel Fredericks of Parika Backdam, East Bank Essequibo, who was hospitalised with four of her fingers severed in a cutlass attack allegedly carried out by her reputed husband. The second incident related to Amanda Prince of D’anjou Hill, who was charged with attempting to murder her reputed husband on November 19, 2023. Investigators were told that the suspect’s son asked her to fry plantain, but the victim intervened and told his wife that he did not want plantain and that she needed to cook rice instead. The woman reportedly got angry, armed herself with a small bread knife, and allegedly dealt the victim one stab to his right side chest, which caused severe injuries. A full account of both incidents can be found in the Demerara Waves Online News article at https://demerarawaves.com/2023/11/22/brutal-domestic-violence-incidents-as-paho-prepares-to-beef-up-health-sector-response-to-violence-against-females/.
In all of these cases, the underlying issue which we cannot ignore is that in our modern society, there are men and women alike who justify domestic violence. A collaboration between the Government of Guyana and UNICEF saw a Multiple Indicator Cluster Survey being done for 2019-2020. This Survey, amongst other things, sought to capture the attitudes of men and women, ages fifteen (15) to forty-nine (49) years, towards violence against wives as a form of discipline when a woman does not comply with certain expected gender roles.
According to the Survey, a total of 5,887 women and 2,214 men were surveyed. The results below show the approximate number of women and men across the ten (10) regions of all walks of life who believe that a husband is justified in beating his wife for the following reasons:
It should be recognised that a greater number of women were surveyed. However, the fact that anyone would justify the beating of a spouse for any reason is an eye-opener. Further, this goes to the root of the problem and provides the answer as to why some women stay in these abusive relationships. It should be universal in our modern world that gender violence in any form or manner is deplorable and unacceptable.
It is important to note that where such a domestic violence situation arises, the Domestic Violence Act (‘DV Act’) seeks to provide protection to persons who are victims of a domestic violence offence by granting a protection order which gives the police the power to arrest the accused person.
Orders the Court Can Make
- Protection Order
A protection order is an order issued by the Court to restrain and prevent the abuser from harming the victim. Where the abuser harms or abuses the victim after a protection order was granted against them, such abuser may be arrested by the police without a warrant for breach of the protection order. The intention of the protection order is to guarantee the victim’s safety, overall well-being, and health by protecting the victim from the abuse that he or she would have suffered at the hands of the abuser.
According to section 5(1) of the DV Act, a protection order may be granted in several circumstances where an application is made to the Court, and the Magistrate is satisfied on a balance of probabilities that it is just to do so. As such, where the Magistrate believes that the alleged abuser (respondent) has more likely than not:
- Engaged in conduct that constitutes a domestic violence offence, and it is likely that the respondent will continue to abuse the victim;
- threatened to engage in conduct that constitutes a domestic violence offence, and it is likely that the respondent will abuse the victim;
- forced the victim without their consent to take drugs or alcohol, or used hypnosis, depressants, stimulants or any other similar substance or means, or
- engaged in harassment or psychological abuse which becomes detrimental to the victim’s health, safety and well-being,
The Magistrate shall make a protection order which restrains the respondent from abusing the victim.
In accordance with section 5(3) of the DV Act, there are certain instances where a Magistrate would grant an interim protection order pending a hearing and determination, following which the Magistrate may make the protection order final or dismiss the interim order altogether.
Section 6 of the DV Act makes a list of provisions which may be included in a protection order. Such provisions include: prohibiting the abuser themselves from engaging in or causing another person to engage in such conduct as, showing up or being at the victim’s home, workplace, school or educational institution, or any regularly frequented places; prohibiting the abuser from harassing or psychologically abusing the victim, including sending or speaking unwelcomed messages to the victim; providing for maintenance or custody; directing the respondent to contribute to the welfare of the victim; prohibiting the respondent from taking the victim’s property or directing the respondent to return such property; specifying conditions which the respondent must adhere to when on certain premises or in a locality as specified in the order; directing the respondent to do or refrain from doing certain relevant acts as ordered, and ordering that the respondent seek counselling or therapy.
Before the above conditions are imposed, however, the Magistrate would mainly have regard to the health, safety, and well-being of the victim and any child that may be affected by the situation: section 7 of the DV Act. The Magistrate would also have regard to the accommodation needs of the victim, any hardship that may be caused to the respondent, the income, assets, and financial obligations of both parties, and any other matter that the Court considers relevant: section 7 of the DV Act.
Importantly, where a protection order is breached, the victim can go to the nearest Police Station to make a complaint against the respondent. Once the report is made, the Police should arrest the respondent and charge him or her for breach, which would make him or her liable to a fine of ten thousand dollars ($10,000) or imprisonment of not more than twelve (12) months.
- Occupation Order
In addition to the protection order, according to section 8 of the DV Act, the Court may grant an occupation order or an interim occupation order, which allows the victim to remain living in the house even if the house belongs to the abuser. Once this order is in force, the abuser shall have no legal right to occupy the house even though the abuser remains the owner of the house. Before this order is granted, the Magistrate must be satisfied that it is necessary for the protection of the victim or it is in the best interests of a child that is a part of the situation.
- Tenancy Order
According to section 11 of the DV Act, when the Court is making a protection order, it may also make a tenancy order which vests in the victim the tenancy of the house that the respondent owned solely or jointly with the victim. Where such an order is granted, the victim will have the right to become the only tenant, and the respondent will have no legal right to live in the house. Just like the occupation order, the Magistrate must be satisfied that it is necessary for the protection of the victim or it is in the best interests of a child that is a part of the situation.
- Maintenance Order
Along with a protection order, the Court may also make an order for maintenance for the respondent to maintain the victim and any children of the union or marriage.
It is to be noted that such orders of the Court could be varied or discharged by the Court upon application and where the Magistrate believes it is necessary to do so.
Preventing DV and Protecting DV Victims
The pattern of abuse and violence has been at the very seams of our culture as a Caribbean society for many years. In Guyana, especially, it has become a chronic problem that needs to be stopped and/or prevented. For us to move towards a society where men, women and children feel safe and do not have to fear for their well-being and their lives daily, we must address the problem early.
The Survey shows that 17.2% of teenage boys between the ages of fifteen (15) and seventeen (17) years believe it is acceptable for a husband to beat his wife if she cheats on him. On the other hand, 11.7% of teenage girls between the ages of fifteen (15) and seventeen (17) years also believe that cheating justifies abuse. From these results, educating the youths on domestic violence has increasingly become necessary as the boys are soon to become husbands, and the girls are soon to become wives. This cycle of abuse must not continue.
In an effort to combat violence against women, the United Nations Trust Fund dedicated 16 days of activism against gender-based violence. This campaign ran from the 25th of November, 2023, to the 10th of December, 2023, under the theme “UNITE! Invest to prevent violence against women and girls.” Different organisations and movements around the world banded together to show “their unwavering commitment to protecting women and girls’ right to live free from violence…”
It is essential to note the Ministry of Human Services and Social Security, in partnership with UNICEF, launched a toll-free 914 emergency hotline number that is available twenty-four (24) hours a day for persons to call to report domestic violence offences or sexual offences or even to seek assistance.
Further, the DORCAS Mending Hearts Ministry, a non-profit organisation, offers free counselling, medical and financial assistance, and legal representation to victims of abuse. The organisation seeks to combat the growing plight of domestic violence in Guyana by encouraging victims to become “strong, independent, and better versions of themselves”. DORCAS can be contacted at 639-8006, 231-7012, or 657-5435.
Conclusion
As the Christmas season fast approaches and Guyanese fall into the habit of excessive alcohol consumption, it becomes a dark time for some victims. During this time, the reports increase, and the inhibitions decline. It is time to put a stop to gender-based violence. It is time that abusers are held accountable for their actions, and it is time that victims become independent and safe from the abuse. According to the article “Elimination of Violence against Women”, “Men must hold men accountable, and women must be right there. Stopping the violence is a two-way street, and it involves a revolutionary change of mind in this country.”
