the presentation

advertisement
Associate Professor Lillian Artz
Gender, Health & Justice Research Unit
Faculty of Health Sciences
University of Cape Town
Prof LM Artz, University of Cape Town
A SNAPSHOT OF THE RESEARCH
FINDINGS
Artz, University of Cape Town

(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

(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
Police Implementation of the DVA
Prof LM Artz, University of Cape
Town




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

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

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

Ever gone to police after DV incident?

Did you go after the last incident?

Told to get a PO?

Accompany you to collect belongings?
◦ 76% said “yes”
◦ 87% said “yes”
◦ 90% said “yes”
68% said “yes”
Prof LM Artz, University of Cape Town

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
Artz, L., Combrinck, H., Gallinetti J.,
and Smythe D. (2005).
Prof LM Artz, University of Cape Town
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
1% 5%
18%
8%
Section 17
Not Specified
Assault GBH
15%
18%
Assault Common
Rape
Attempted Murder
35%
Other
Rape as defined in old SOA
Prof LM Artz, University of Cape Town



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


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
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
96%
81%
50%
16%
10%
5%
50%
2%
Prof LM Artz, University of Cape Town


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
0.96%
Firearm
17%
20%
Knife
Knobkierrie
11%
12%
Stick
Bottle/Sharp Object
36%
Blunt Object
Unknown
3%
Prof LM Artz, University of Cape Town


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


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
◦ 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
Download