Dealing with the domestic violence dilemma

ALARMING statistics presented at a public consultation on domestic violence hosted by the Office of the Attorney General and Ministry of Legal Affairs revealed a disturbing rise in domestic violence incidents, particularly assaults by beating, over recent years. The consultation took place on September 25, at the Hyatt Regency, Port of Spain.

From 2019 to August 2024, reported cases escalated, starting at 528 in 2019, surging to 1,380 in 2020 and slightly decreasing to 1,336 in 2021.

This upward trend continued with 1,690 cases in 2022, peaking at 2,646 in 2023, before declining to 1,227 cases in 2024 (up to August).

Legal actions revealed fluctuating charges: nine in 2019, 75 in 2020, 67 in 2021, and 45 in 2022, before dropping to 26 in 2023 and just four as of August 2024. Convictions followed a similar pattern, with two in 2019, 13 in 2020, 16 in 2021, six in 2022 and nine in 2023, while no convictions have been recorded for 2024.

Separate data from the police Crime and Analysis Branch, covering July 2022 to May 31, 2023, further illustrated the gravity of the situation, with a total of 2,429 domestic violence incidents reported across various categories, including homicide, sexual abuse and assault.

Assault and beating accounted for the majority, with 1,102 cases. Sexual abuse represented 143 incidents, while homicide remained a significant concern, with 23 victims: 15 females and eight males documented during this period.

Additional serious offences, including breaches of protection orders and malicious damage, are numbered 137 and 122, respectively.

In January 2023, 366 assault cases were recorded and July was marked by tragedy, as five homicide victims were reported, followed by several more fatalities in subsequent months.

On January 2, 2024, Calida Schamber, 43, and her mother, Carmelita DeLeon, 66, were shot and killed in their Shorelands residential community in Glencoe. Schamber's ex-husband, Tesson Bradshaw, 48, a Defence Force warrant officer, was charged with their murders.

In a separate incident on August 13, 2023, Keifer Wilson, 27, was brutally attacked with a spanner after a car collision near the Debe roundabout.

While attempting to escape with a male companion, Wilson was pursued by her attacker, who ran her down, resulting in her death. Her ex-boyfriend, Trevist Nicholas, 27, has been charged with her murder.

On May 16, Justice Robin Mohammed ruled on the case of Samantha Isaacs, a domestic violence victim who was shot and killed by her ex-boyfriend, Kahriym Garcia, on December 16, 2017.

Justice Mohammed found that Isaacs and her family's rights had been infringed due to police inaction regarding her multiple complaints about Garcia's abusive behaviour.

He stressed the state's obligation to protect victims of domestic violence, highlighting the severe danger Isaacs faced and the failure of law enforcement to adequately respond to her reports.

Isaacs had made four complaints about threats and violence, but no investigations were conducted.

He criticised both the police and the judiciary for their inadequate responses to domestic violence, stating it is a pervasive issue that requires urgent action. The court will determine compensation for Isaac’s family at a later date, with submissions from both parties due in June.

On September 14, Afiya Adams, a mother of three from Freeport, was set on fire at her home and succumbed to her injuries on September 18. After returning home from a family birthday celebration, she got into an argument with a close male relative.

The man doused her with a flammable substance and lit her on fire before fleeing the scene. Adams was at home with her two youngest children, aged nine and 15.

In the wake of the tragedy, the NGO International Women's Resource Network (IWRN) issued a statement on September 17 condemning domestic violence and saying societal attitudes contribute to such incidents, calling for a change.

The statement said as long as women are viewed as possessions, violence will continue. The organisation criticised the effectiveness of protection orders, asserting that they often exacerbate dangerous situations rather than ensuring real safety for victims.

IWRN said domestic violence typically stems from a history of abuse and despite the efforts of civil society organisations, the lack of safe spaces for victims often discourages them from seeking help.

It called for urgent improvements from authorities in responding to reports of DV, warning that failing to take reports seriously could lead to further fatalities.

In response to Adams's death, Sabrina Mowlah-Baksh, general manager of the Coalition Against Domestic Violence (CADV), stressed the importance of promoting equality and respect as the foundations of strong and healthy relationships.

Speaking to Newsday on September 18, she said many survivors suffer in silence while their experiences often go unrecognised by family, neighbours and the community.

Mowlah-Baksh said addressing this issue requires a multifaceted approach from various stakeholders.

“Violence must not be seen as the only way to resolve conflicts or discipline.”

She called for all agencies responsible for providing protection, justice and services to survivors to treat every report with the urgency it deserves and stress the need for responses to be professional rather than cultural or systemic.

“We cannot ignore this issue and hope it will go away.”

Mowlah-Baksh said DV should remain at the forefront of national discourse: “the normalisation of violence must stop.”

She encouraged survivors to seek support and urged friends, colleagues, families, and communities to stand by them.

“Victims cannot do it alone.”

During the consultation on September 25, AG Reginald Armour said he will not appeal the decision and stressed the importance of this ruling and its potential benefits.

Armour said Isaacs experienced abuse from 2013 to 2017 and noted that amendments to the Domestic Violence Act in 2020 now empower police to investigate reports of domestic violence and arrest perpetrators without requiring input from the victim.

Farzana Nazir-Mohammed, director of the Criminal Justice Unit at the Attorney General's Office, said the act defines domestic violence as physical, psychological, emotional, sexual, or financial abuse perpetrated by a respondent against a person in a domestic relationship.

Chief Justice Ivor Archie described domestic violence as a pressing social issue in Trinidad and Tobago during the ceremonial opening of the 2023/2024 law term on October 8, 2023.

Archie said the family court division received 3,173 filings related to domestic violence and he attributed delays in case handling to staffing shortages, which can have life-or-death consequences.

The Ministry of Gender and Child Affairs launched the Survivors Transformation and Empowerment Programme (STEP) on March 6, aimed at providing grants of up to $10,000 to survivors of domestic violence.

The initiative focuses on helping survivors start, expand businesses, or pursue educational opportunities.

Minister in the Ministry of Gender and Child Affairs Ayanna Webster-Roy described STEP as a crucial step in supporting survivors on their healing journey, noting the programme also recognises that men can be victims of domestic violence and the grant is available to both genders.

The Trinidad and Tobago National Strategic Action Plan (NSAP) on Gender-Based Violence and Sexual Violence 2023-2027 aims to eliminate violence and enhance the rights and safety of all individuals.

The action plan reveals alarming statistics, which say 44 per cent of partnered women in Trinidad and Tobago have experienced intimate partner violence, significantly higher than the global average of one in three women with 92 per cent of victims under the age of 35.

The NSAP highlighted an urgent need for public awareness and intolerance towards gender-based and sexual violence through community outreach and educational initiatives. It calls for effective, inclusive, and gender-responsive services, alongside strong legislation to ensure fair administration of justice.

Legislative reform efforts to combat gender-based and sexual violence in Trinidad and Tobago include the Domestic Violence Act (Chap 45:56), introduced in 1999, which enhances protections for victims and was amended in 2020 to expand the categories of individuals eligible for protection.

The Children Act of 2012 enhances protections against sexual offences, while the Miscellaneous Provisions (Marriage) Act of 2017 abolished child marriage. The Sexual Offences (Amendment) Act of 2019 further strengthens provisions related to the sex offender registry.

However, significant gaps in service delivery persist, and the NSAP outlines essential actions to address these issues. This includes affirming the rights of women and girls, improving prosecution rates, and enhancing access to justice for victims.

In January 2020, the Trinidad and Tobago Police Service established a gender-based violence unit to improve responses to such incidents.

On March 25, 2024, the World Health Organization (WHO) labelled violence against women, particularly intimate partner and sexual violence, as a significant public health issue and a violation of women's human rights.

WHO estimates indicate that approximately 30 per cent of women have experienced physical or sexual violence from an intimate partner or non-partner at some point in their lives.

WHO stresses such violence is preventable and says countries health sectors play an important role in providing comprehensive care and support to affected women.

The UN defines violence against women as any act of gender-based violence that results in physical, sexual, or mental harm, regardless of whether it occurs in public or private.

Reports indicate that approximately 38 per cent of all murders of women are committed by intimate partners and non-partner sexual violence, which is often significantly underreported.

The report says the covid19 pandemic further exacerbated the issue, leading to increased rates of domestic violence against women.

The UN also says addressing domestic violence requires a collaborative approach involving state agencies, civil society organisations, communities and families to unite around a common vision for a safer future.

Victims of domestic violence can reach out to the National Family Services Division at 623-2608, ext 6701 to 6707. Families in Action offers support at 628-6333 and has a 24-hour Domestic Violence Hotline at 800-7283 (SAVE).

The Rape Crisis Society has a North Office at 627-7273 and a South Office at 657-5355. Another support group is Lifeline, which can be reached at 645-2800, life@lifelinett.com and which provides 24-hour listening service.

If you or someone you know needs help, please don’t hesitate to reach out to these organisations.