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David Cheskin/PA Wire
Domestic Abuse
Domestic violence group encourage victims to come forward after judge's comments
Women’s Aid underlines the importance of victims being able to seek help, after a judge vents his frustration at victims withdrawing their sworn testimony.
5.05pm, 19 Jul 2012
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A GROUP supporting female victims of domestic violence has encouraged sufferers to come forward, saying it is vital that they feel able to engage with support services whenever they need.
The call from Women’s Aid comes after a Monaghan judge vented his frustration at what he perceived to be the time and resources wasted by victims who initiated claims of domestic assault only to then withdraw them later.
A number of newspapers carry comments from Judge Seán MacBride of Monaghan District Court, who said he was “sick to the teeth” of victims of domestic abuse who then withdrew their complaints after “falling into love again”.
Judge MacBride suggested that people who made complaints and later withdrew them should face prosecution for wasting the time of the Gardaí who dealt with them.
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Women’s Aid said that while it could not comment on individual cases, it remained “incredibly important” that women who were in abusive relationships should be able to engage with legal and domestic support services as needed.
The group explained that often some victims of abuse later retracted their complaints because they were not ready to leave the relationship, as they still cared for their partners and hoped that their behaviour might change.
Risks of reporting
Victims could also be left with low self-esteem, be scared about their future circumstances, or be ashamed about being the victims of violence – all of which could contribute to their decisions to withdraw their complaints.
“While many women have positive experiences and outcomes when applying for legal protection from domestic violence, we know from our experience that engagement with the legal system can place some women at heightened risk,” a spokesperson said, adding:
Orders such as Safety and Protection Orders, even when granted, may mean the woman continues to live with her abuser. Likewise, even an abusive partner is convicted of assault, he may continue to live in the family home.
If this is the case, the spokeswoman added, the woman could be placed in further danger, as the abuser could be angered by the complaint – further contributing to the possibility that a victim could make a complaint and later withdraw it.
Women who have been the victim of domestic abuse can call Women’s Aid on freephone 1800 341 900, between 10am and 10pm, seven days a week.
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Although this affects women the most, i worked with a guy and his girlfriend beat him up almost everyday, she broke his fingers had black eyes, busted lips. Thankfully he is away from her now. In the UK if you report a incident of domestic violence and the police see evidence of it, the victims who initiated claims of domestic assault cannot withdraw the claim later, the police will take action. They should do something similar in Ireland.
It’s more complex than that. If a woman is in immediate danger she needs to be able to call the police without thinking about things being taken out of her hands entirely. The months/years in-between the incident and the court case are extremely dangerous for the victim and before a case is initiated she will need time to plan for her and her children’s safety because the state won’t protect her in most cases.
Pamela if a woman is in danger she can call the police and should, unfortunately many of the woman that report an incident of domestic assault in Ireland withdraw the claim before it goes to court. You say a woman needs time to plan for herself and children, what if the next time she is assaulted it is to late? She should leave with her children, plenty of people & organisations out there to help around the country and the law will be on her side. Some of the many women’s refuge.
Domestic is about so much more than physical assault. Victims are controlled by fear and can only break free when they regain the strength and courage to do so by trusting the support services available. That is an enormously difficult step to take for victims and not for any individual to sit in judgement upon.
People must also consider that spurious reports of domestic assault are often made against a partner in a relationship with a view towards ”teaching a lesson” or extracting revenge when in fact no violence has actually occurred. Once this kind of action is initiated and statements are made to the police a ‘stand-off’ situation applies and these false accusations are only withdrawn when the more inquisitorial prospects of a court hearing is an immediate prospect.
While there may be truth in what you write, it may only serve to dissuade victims from seeking help for fear of not being believed. Not a particularly appropriate comment on an article encouraging victims to reach out.
Painey:
The article may relate to the Woman’s Aid support group encouragement to victims of domestic abuse to come forward. However, this appeal arises out of the comments of a District Court Judge regarding claims of domestic abuse being made and subsequently withdrawn after the parties ”fall in love again”!! I think, taken in this light, my comment is entirely appropriate.
You make the point a short distance above that domestic abuse can involve much more than physical abuse. I whole heartedly agree. To be wrongly accused of physical domestic abuse, to be interviewed by Gardai, be subject to ex-parte court applications for baring or protection orders and of course be the subject of the inevitable gossip and innuendo before the ill-founded accusations are withdrawn on the steps of a courthouse is a form of abuse that gets little mention and sympathy.
If a woman wrongly accusses a man of domestic abuse then appropriate actions should be taken and they should be charged with waisting police and court time. I have to say though, I have never heard of anyone ever doing this, but anyone who does should be ashamed of themselves.
Ann
I know numerous men who have been subjected to this kind of mistreatment and I have been the victim of such false accusations on two separate occasions by two separate partners.
Lady Bracknell in ”The Importance of Being Earnest” advised that whereas sympathy that might be appropriate in losing one partner only stupidity would apply in losing two. I’ve taken that good ladies advise and most certainly won’t be losing a third..!
This is comment made by the Judge is so ignorant its not as easy as reporting the abuse and life gets better for the abused, there is a lot of change fear and judgement that has to be faced and for a person with such low self esteem it can be an stressful time and I know there are more and more supports out there for people who suffer from domestic abuse but unfortanly sometimes the fear one person has over another can be far greater then the love and supports of others
What we need is a separate restorative justice system to deal with the epidemic of domestic violence in the country. We need a separate restorative justice system that addresses the stigma of domestic violence. Anonymity, for example, will ordinarily be provided to both parties, the accuser and the accused, under such a system. The present retributive justice system leads to the situations as reported in the article where women make initial complaints but then withdraw them under pressure from the people who abuse them. As I understand it, only a small fraction of women who are the victims of domestic violence complain to the police and then only a small fraction of those make it to court and then sometimes the verdict in court goes against them because of the burden of proof. This clearly is unacceptable. We need a huge shake up here with some radical new thinking. We can also possibly set up yet another restorative justice system to deal with sexual violence and rape or we can combine them into one restorative justice system. In any case the government needs to get off its arse and address this malaise. The 2002 SAVI report on sexual abuse and violence reported that 42% of women had been the victims of sexual abuse or rape at some point in their lives as well as 28% of men.
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