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THE DOMESTIC VIOLENCE ACT: Integrated Findings from Three Empirical Studies

THE DOMESTIC VIOLENCE ACT: Integrated Findings from Three Empirical Studies. Associate Professor Lillian Artz Gender, Health & Justice Research Unit Faculty of Health Sciences University of Cape Town.

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THE DOMESTIC VIOLENCE ACT: Integrated Findings from Three Empirical Studies

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  1. THE DOMESTIC VIOLENCE ACT:Integrated Findings from Three Empirical Studies Associate Professor Lillian Artz Gender, Health & Justice Research Unit Faculty of Health Sciences University of Cape Town Prof LM Artz, University of Cape Town

  2. Evidence Based Research Using research to ‘scientifically’ inform changes in policy and practice A SNAPSHOT OF THE RESEARCH FINDINGS Artz, University of Cape Town

  3. Evidence based research • (1) Artz, L. & Jefthas, D. (2011).Reluctance, Retaliation and Repudiation: The Attrition of Domestic Violence Cases in Eight Magisterial Districts. GHJRU, University of Cape Town: South Africa. • Interviews with 503 DVA applicants via MOSAIC court support workers • (2) Artz, L. (2008).An Examination of the Attrition of Domestic Violence Cases in the Criminal Justice System on Post-Apartheid South Africa, p. 1-425. PhD Dissertation. Queen’s University Belfast. • Interviews with 365 DVA applicants via MOSAIC court support workers Prof LM Artz, University of Cape Town

  4. Evidence based research • (3) Artz, L., Combrinck, H., Gallinetti J., and Smythe D. (2005). Commissioned Report on Compliance with the Domestic Violence Act at 29 Priority Police Stations in the Eastern Cape, p. 1-183. SAPS/European Union. • Station audits at 29 stations; • Analysis of 1,457 dockets; • Interviews with 150 SAPS members responsible for handling complaints of domestic violence; • Interviews with 28 Station Commissioners; • Analysis of 1,207 SAPS 508 (a) forms (Domestic Violence Report Forms); • Analysis of 29 SAPS 508(b)’s (Domestic Violence Registers); • Interviews with 4 Commissioners of Child Welfare at children’s courts; • Analysis of 100 court files from 2 children’s courts; and • Interviews with members of 4 FCS Units and the Provincial ICD. Prof LM Artz, University of Cape Town

  5. Selected Findings Police Implementation of the DVA Prof LM Artz, University of Cape Town

  6. POLICING DOMESTIC VIOLENCE:Who are these “victims”? Artz (2008) • On average, known (abusive) partner for 13 years • Experienced abuse for 4 of these years before ‘she’ approaches the police or the courts • In over half the cases, children are either directly or ‘indirectly’ affected by violence (46%) • 1 out of 10 women (12%) experiencing domestic violence for 10-20 years of her life Prof LM Artz, University of Cape Town

  7. Specific forms of abuseArtz (2008) • Verbal abuse – 85% • Psychological abuse – 83% • Threatened with death at some point during the relationship – 40% • Physical abuse – 69% • Beating (56%) • Choking (30%) • Kicking (30%) • Punching [closed fist] (10%) • Stabbed (5%) • Economic Abuse – 38% • Abuse during pregnancy – 15% • Sexual Abuse – 30% • Rape (50% of sexual abuse cases) Artz, University of Cape Town

  8. Police Duties (Section 2 + Regulations) • A member who attends a scene of domestic violence must firstly determine whether the complainant is in any danger and take all reasonable steps to secure the scene and to protect the complainant from danger. Once the scene has been secured, the member must then: • render such assistance to the complainant as may reasonably be required in the circumstances; • if it is reasonably possible to do so, hand the Notice to the complainant and explain the contents of such notice; • assist the complainant or make arrangements for the complainant to find a suitable shelter and to obtain medical treatment; and • investigate the alleged incident of domestic violence and gather all evidence in respect of any offence which may have been committed during such incident. Prof LM Artz, University of Cape Town

  9. Interaction with Police(Artz & Jefthas, 2011) • Ever gone to police after DV incident? • 76% said “yes” • Did you go after the last incident? • 87% said “yes” • Told to get a PO? • 90% said “yes” • Accompany you to collect belongings? • 68% said “yes” Prof LM Artz, University of Cape Town

  10. Interaction with Police(Artz & Jefthas, 2011) • Told you could lay a criminal charge? • 69% were not told they could lay a charge • Allowed to lay a criminal charge? • 53% were “not allowed” to • Received a notice with information on rights? • 96% were not given a notice (Form 1) • Did you get a copy of the interim warrant of arrest? • 98% said “no” • Taken for medical assistance? • 67% were not taken when needed/requested Prof LM Artz, University of Cape Town

  11. Compliance with the DVA Artz, L., Combrinck, H., Gallinetti J., and Smythe D. (2005). Prof LM Artz, University of Cape Town

  12. Docket Analysis (n= 1457) 1. General information • nature of the charges (contravention of DVA s17/other offence) • nature of the domestic relationship • whether the complainant /accused was a child 2. Details regarding charge(s) • ‘s 17’ dockets: whether additional charges were laid where the act of breach also constituted a criminal offence • ‘other offences’: whether there was a protection order in place at the time of commission (indices charges incomplete) • whether the suspect was arrested Prof LM Artz, University of Cape Town

  13. Docket Type Rape as defined in old SOA Prof LM Artz, University of Cape Town

  14. Section 17 Dockets: Breach of the PO (n=285) • Copy of protection order present in 75% of dockets (n=213) • Arrests were made in approximately 80% of cases • Additional charges were laid in 30% of s17 dockets, with charges including: • Rape (n=1) • Assault GBH (n=19) • Assault Common (n=26) • Attempted Murder (n=1) Prof LM Artz, University of Cape Town

  15. NON-S17 DV CASES: Cases not involving a breach of the protection order (n=1184) • A protection order was present in 2.4% of dockets (n=28) where NO s17 charge was laid • An arrest was made in 52% of non-s17 DV cases Prof LM Artz, University of Cape Town

  16. Details contained in dockets(n=1452) Prof LM Artz, University of Cape Town

  17. Injuries • Complainant was injured in 73% of cases (n=1038) • A J88 was obtained in only 36% of cases (n=513) Prof LM Artz, University of Cape Town

  18. Dangerous Weapons(n=732 or 50% of dockets) Prof LM Artz, University of Cape Town

  19. Use of Weapons • Weapons were used in 50% of cases (n=732) • Weapons were SEIZED in only 5% of cases (n=34) not all of which are firearm related.  There are a number of cases involving firearms where no seizure is being made The issue of removal of firearms from police who commit acts of domestic violence is still unresolved Prof LM Artz, University of Cape Town

  20. Examples of why women withdraw from the criminal justice process (Artz 2008) • 21% were threatened with death by their abusive partners/the abusers if they returned to court (1 out of every 5 women) • Threats of further violence occurred in 26% of cases (threat of gang rape or other gang retaliation) • The abuse actually ‘got worse’ in 10% of cases • In 7% of cases, the abuser threatened to burn down the applicants house • In 7% of cases, children were ‘kidnapped’ • In 10% of cases, applicants were threatened with some form of sexual assault • 46% of victims reported the abuse of alcohol or drugs by abusers – accompanied by erratic, but acute violence Prof LM Artz, University of Cape Town

  21. “But women abuse the system!” • How women “use” the system • Strategically use ‘parts of the system’ – enacting and retracting as they need it • Assumption of separation = taking DV seriously is dangerous • IPO fulfils some function (weighing up of returning when this has ‘worked’). • They have knowledge of when the system is not working (reasoned choices) • DVA Applicants can make the most accurate predictions of future violence • Not returning/withdrawing charges is not a ‘bad’ thing (currency to barter safety) Prof LM Artz, University of Cape Town

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