Ilka Hilton-Clarke

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Domestic Violence - Stalking


by Diana Mahabir Wyatt 


copyright © Diana Mahabir Wyatt 1997

Diana Mahabir- bio

"I.....take thee.....to be  my wedded wife,to have and to hold from this day forward,
for better for worse, for richer for poorer, in sickness and in health,to love and to cherish,
till death do us part according to God's holy will,and thereto I plight thee my troth
With this ring I thee wed, with my body I thee honour and with all my worldly goods I thee endow,
in the name of the Father, and of the Son, and of the Holy Ghost. Amen"


 

Trinidad and Tobago Coalition Against Domestic Violence

It was with considerable disappointment that the Trinidad and Tobago Coalition Against Domestic Violence noted that in the Report of the Legal Sub-Committee for the Reform of the Domestic Violence Act 1991, the offence of "stalking" (other than when such behaviour is taken by a member of one's immediate household) has not been included in the recommendations for amendment.

Stalking is, of course, conduct which, by definition is "intimidating, harassing, or offensive behaviour" and, as is well known throughout the world, is most frequently behaviour practised by men who wish to force a relationship upon a woman ( and increasingly women upon men) that she does not want. The question of them being members of the same household does not necessarily apply.

The nature of the intimate relationship sought is where the "domestic" aspect of the relationship comes in. This is not stalking to rob or steal or for similar criminal purposes. It is harassing behaviour, intended to coerce or intimidate another person into entering into, or not leaving, an intimate relationship.

There is no provision in the current law to provide young women with protection against such behaviour. We do not wnat initially to brand it as criminal, as it may be only an abhorrent expression of an inappropriate emotional state, but we seek to have "Protection Orders" under this Act apply to stalking - whether from a household member or other persons.

We are most sympathetic to the orientation of the strictly legal viewpoint that would regard such stalking as opening too wide the definition of "domestic". Perhaps, from a narrowly legal viewpoint this may be so, but, may we make a plea for those who work with the practical realities of domestic violence that the drafters be prevailed upon to include stalking in this Act ?
I am confident that their drafting expertise is such that they can find a way to do it, as it is becoming a more and more common practice ( here as elsewhere) and is often a useful signal of potential danger.

I am taking the liberty of writing in this manner on the possibly unusual premise that laws should be made for people, not solely for lawyers as important as we recognize lawyers to be. This Report itself recognizes this principle by asking that the definitions be made consumer friendly.

I have already made submissions on this subject before the legal committee - and at the last meeting where I did so, I honestly thought that these submissions had been accepted. There even was a wording suggested which was certainly acceptable to the Coalition.

We recommend the Report in its recommendations for the definition of domestic violence and for those dealing with the Effectiveness of Process - namely in regard to Undertakings, Counselling ( noting that the Community Service Police are receiving training in counselling - both for perpetrators and victims and recommend that this could prove to be a useful focus for such help). We are strongly in favour of those sections of the recommendations dealing with Section 7 (1)(b), Police and Domestic Violence and commend the Committee on the closely reasoned arguments in drawing these up.

In fact, the Trinidad and Tobago Coalition Against Domestic Violence is in agreement with all the other recommendations in the spirit in which they are offered. I really do not want to have to oppose any amendment to the Domestic Violence Act in parliament - especially when we have all worked on it, but I am, of course, prepared to do so, if necessary, in order to fight for protection for women against stalking.

DIANA MAHABIR WYATT

CHAIR
THE TRINIDAD AND TOBAGO COALITION

AGAINST DOMESTIC VIOLENCE

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