VIOLENCE AGAINST WOMEN… A look at Trinidad and Tobago

Data Source: Beijing 20 Platform for Action Fast Facts One in every three women in the world has experienced physical or sexual abuse, mostly by an intimate partner; In 2012 one in two women killed worldwide were killed by their partners or family Data Source: Beijing 20 Platform for Action

have outlawed domestic violence 2/3 of the countries in the world Fast Facts have outlawed domestic violence 2/3 of the countries in the world Data Source: Beijing 20 Platform for Action

Data Source: Beijing 20 Platform for Action Fast Facts Domestic Violence is blind to: Age, Race, Religion, Income or Education Income Levels Data Source: Beijing 20 Platform for Action

MinimizingDenying & Blaming The Nexus Power & Control Coercion & Threats Intimidation Emotional Abuse Using isolation MinimizingDenying & Blaming Using Children Using Priviledge Economic Abuse

A Situational Analysis Trinidad and Tobago

General Trend of Domestic Violence Incidents Reported to The Trinidad & Tobago Police Service by Year (2010-2014)

Distribution of Incidents of Domestic Violence Reported to The Trinidad & Tobago Police Service by Sex (2010-2014)

Number of Domestic Violence Incidents Reported to The Trinidad & Tobago Police Service by Type of Offence (2010-2014)

Number of Domestic Violence Incidents Reported to The Trinidad & Tobago Police Service by Age Group(2010-2014)

Calls to DV Hotline by Gender within Employment Status October 2010 to September 2014 (Unpublished)

Number of Data Client Calls by Sex October 2010 to September 2014 (Unpublished)

Data Client Calls By Gender Within Marital Status October 2010 to September 2014 (Unpublished)

The Law

Relevant Acts o The Children Act, 2012 o The Children’s Authority Act, 2000 o The Cohabitational Relationships Act, 1998 o The Domestic Violence Act, 1999 o The Family Law (Guardianship of Minors, Domicile and Maintenance) Act, 1985 o The Legal Aid and Advice (Amendment) Act, 2012 o The Marriage Amendment Act, 2013 o The Matrimonial Proceedings and Property (Amendment) Act, 1998 o The Maternity Protection Act, 2012 o The Offenses Against the Person (Amendment)(Harassment) Act, 2005 o The Offences against the Person Act, 2000 o The Police Complaints Authority Act, 2006 o The Public Assistance Act (Amendment Validation) Act, 2004 o The Sexual Offences (Amendment) Act, 2000 o The Summary of Offences (Amendment) Act, 2000 o The Trafficking in Persons Act, 2011

A closer look at the provisions under the Domestic Violence Act

Emotional or psychological Abuse How is DV defined in Law Any Act such as Emotional or psychological Abuse Financial Abuse Physical Abuse Sexual Abuse Domestic Violence According to Section 3:

Emotional or Psychological Abuse Persistent intimidation by the use of abusive or threatening language Persistent following of the person from place to place Depriving that person of the use of his property Watching or besetting of the place where the person resides, works, carries on business or happens to be Interfering with or damaging the property of the person The forced confinement of the person Persistent telephoning of the person at the person’s place of residence or work Making unwelcome and repeated or intimidatory contact with a child or elderly relative of the person

Financial Abuse A pattern of behaviour of a kind, the purpose of which is to exercise coercive control over, or exploit or limit a persons access to financial resources so as to ensure financial dependence.

Who can apply? The spouse of the respondent A member of the household of the spouse of the respondent, either on his own behalf or on behalf of any other member of the household A child by consanguinity or affinity of either the spouse or respondent of whom either the spouse or respondent is a guardian; or who has been a member of the household of the spouse or the respondent;

Who can apply? A dependant A parent or sibling by consanguinity or affinity of either the spouse or respondent not being a member of the household; A person who has a child in common with the respondent; and A person who is or has been in a visiting relationship with a person of the opposite sex for a period exceeding twelve months

A child or dependant may apply through: Who can apply? A child or dependant may apply through: A person with whom the child or dependant normally resides or resides with on a regular basis or any other adult member of his household; or A parent or guardian or, a person who is in loco parentis to the child

A person or child who is in a residential institution Who else can apply? A police officer, probation officer or approved social worker may apply for a Protection Order on behalf of:- Any person referred to in subsection (2); or A person or child who is in a residential institution .

The Court can make a prohibitory order restraining the respondent from: Engaging or threatening to engage in conduct which would constitute DV against the applicant Being on premises specified in the Order that re premises frequented by the applicant including any residence, property, business, school or place of employment Being in a locality specified in the Order Engaging in direct or indirect communication with the applicant

The Court can make a prohibitory order restraining the respondent from: Taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in, or is reasonably use by the applicant Approaching the applicant within a specified distance Causing or encouraging another person to engage in conduct referred to above

Order to pay Compensation The Court may direct that the respondent pay compensation for monetary loss incurred by an applicant as a direct result of conduct that amounted to domestic violence Compensation (not exceeding $15,000.00) may include: Loss of earnings Medical and dental expenses Moving and accommodation expenses Reasonable legal costs, including the cost of an application pursuant to this Act

Maintenance The respondent may be ordered to pay monetary relief to the applicant for the benefit of the applicant and any child where there is no existing order relating to maintenance and until such time as an obligation is determined

Return of Property The Court may direct that the respondent return specified property that is in his/her possession or control

Expulsion Order The Court may order that the respondent: Immediately vacate any place or residence for a specified period, whether or not the residence is jointly owned or leased by the respondent and the applicant or solely owned or leased by the respondent or the applicant.

Care Orders Relinquish to the police any firearm licence, firearm or other weapon which he may have in his possession or control (used or not used) Make or continue to make payments in respect of rent or mortgage payments for premises occupied by the applicant Ensure that reasonable care is provided in respect of a child or dependant person

Order for Counselling The Court may order that the applicant or both, receive professional counselling or therapy from any person or agency or from a programme which is approved by the Minister in writing

Summary of the statistics Over 9,000 reports of DV to the TTPS between 2010 -2014 Over 26,000 calls received on the Domestic Violence Hotline between 2010 -2014 Over 4,500 reports of assault by beatings Over 3,000 reports of threats

What happens if there is a breach? In the case of an order from the Magistrate’s Court: A police officer can immediately arrest the respondent without further reference to the court

What happens if there is a breach? What if you sought an Injunction from the High Court? Then you must file proceedings with respect to the breach and get an order from the court for further action.

Support Services in Trinidad & Tobago Local Police Station Domestic Violence Hotline Child Line Rape Crisis Centre Families in Action Children’s Authority Child Advocacy Unit Ministry of the Attorney General