The scope of domestic violence [part 1]

When we speak of domestic violence, we are referring to harm caused within the context of family relationships or intimate partnerships. The term “domestic” relates to the home and those connected to it, while “violence” speaks to any act that causes injury, suffering, or loss.

The images that immediately come to mind are often extreme and physical. People picture a man assaulting a woman until she is bruised and battered, or recall gruesome cases such as that of a man in one of our cities who, following a dispute with his wife, fatally stabbed her, dismembered her body, and concealed the remains in a refrigerator before fleeing.

It is equally important to acknowledge that men are also victims of this kind of violence, and such cases are more common than many assume. There are documented stories of men who have suffered horrific injuries, including cases where boiling cooking oil was deliberately used to cause harm.

Domestic violence, however, is not confined to physical assault, and limiting it to visible injuries creates a dangerous misunderstanding.

It cuts across all classes and communities, and while its causes are many and varied, that analysis is best left to sociologists, psychologists and other practitioners. The purpose of this installment is to demystify the notion that only physical abuse amounts to domestic violence under the law.

A broader understanding is necessary because many victims suffer in silence, believing that what they endure does not qualify for protection.

The Domestic Violence Act [Chapter 5:16] defines domestic violence as any unlawful act which results in death or the direct infliction of physical, sexual or mental injury to a complainant by a respondent. This definition is deliberately wide in order to capture the different ways in which harm manifests within homes.

Section 3(1) of the Act sets out the scope of domestic violence, and a pragmatic reading shows that physical abuse is only one aspect. Among the most common forms encountered daily are emotional, verbal and psychological abuse, which can be just as destructive as a physical attack.

Verbal abuse involves the use of foul and demeaning language that can erode a person’s dignity and, in extreme cases, contribute to depression and even suicide.

Psychological abuse includes insults, ridicule, name-calling, and other conduct intended to cause emotional pain and to control or diminish another person.

The Act also recognises economic abuse as a form of domestic violence, particularly the unreasonable disposal of household property in which a complainant has an interest. In most marriages, spouses contribute directly or indirectly to the acquisition of household effects, and it is an act of domestic violence to dispose of such property without the consent of the other spouse. A close reading of Section 3(1) therefore reveals that the law was designed to protect victims from a wide range of abusive conduct, not just beatings.

This broader scope reflects an understanding that harm in the home can be financial, emotional and psychological, and that all these forms can trap a person in a cycle of abuse.

Section 4(1) of the Act creates the offence of domestic violence and provides for its punishment, which underscores how seriously the law treats the matter.

An offender is liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years, or to both such fine and imprisonment, with level fourteen currently pegged at US$5 000.

It is critical to note, however, that not all forms of domestic violence listed in Section 3(1) automatically attract criminal prosecution. Certain conduct, such as emotional, verbal, psychological and economic abuse, does not constitute a criminal offence on its own, and the remedies available lie elsewhere in civil and protective processes.

That distinction often confuses members of the public, who assume that because something is defined as domestic violence, it must be a crime punishable by arrest. The law instead provides a range of options including protection orders, counseling, and other interventions, which will be explained in detail in Part Two of this series. Understanding the full scope of domestic violence is the first step toward seeking help and holding perpetrators accountable. As a community, we must move beyond the myth that only physical injuries matter, and recognise that dignity, safety, and equality in the home are protected by law.

lNext week: Part 2 —Remedies and Protection Orders under the Domestic Violence Act