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
