THE proposed overhaul of Jamaica’s domestic violence laws could give victims clearer rights to police assistance, including help to safely retrieve personal belongings from the homes of alleged abusers.

The issue was raised last Thursday by Member of Parliament for St James West Central Marlene Malahoo Forte as the joint select committee reviewing the Domestic Violence Act, considered a submission from the emerging political movement Left Alliance for National Democracy and Socialism (Jamaica LANDS).

In its submission, Jamaica LANDS proposed that the legislation should establish a statutory right for victims to request assistance from a member of the Jamaica Constabulary Force (JCF) in several circumstances, including being accompanied to the residence of an alleged perpetrator to retrieve personal property.

Malahoo Forte said such a provision could address concerns she said have repeatedly been brought to the committee’s attention about the handling of domestic violence complaints.

“One of the recurring complaints that we hear is the reluctance or failure in some areas of the police to take complaints of domestic violence seriously and victims are turned away in some places. I know we have made progress on that. And as I heard the proposal to create a statutory right of a victim to request the assistance of the police to accompany him or her to, say, for example, the residence to retrieve items, I think that may be helpful,” she said.

“I’m not generally in favour of just expanding matters, but I think there are some practical suggestions here from LANDS that could directly address some of the recurring concerns that we hear. And I like this one, because it takes away the discretion of the officer to say, ‘I don’t consider it serious enough’,” added Malahoo Forte.

Under the proposal considered by the committee, a victim would also be able to request JCF assistance to get to a place of safety, including the Child Protection and Family Services Agency, a family member, or friend’s home, a shelter, or another safe location.

The proposed rights would extend to assistance in seeking medical treatment, making a criminal complaint where the conduct amounts to an offence, obtaining information about protection orders, seeking legal representation, and having a protection order served on the perpetrator.

The proposal also calls for victims to be able to request that their address not be disclosed to the perpetrator.

Jamaica LANDS wants these rights to be set out on a form that would be given to victims, so they are clearly informed of the assistance available to them rather than having to navigate the system without knowing what they can request.

Malahoo Forte said the proposal deserves further consideration, particularly where a victim may have to return to an environment in which abuse is occurring.

“They may genuinely need a third party and the protection of the State to go back into a space where the abuse is taking place to retrieve items. So I would ask that we spend a little time and consider these. Not all of them need to be accepted. We may modify them, but I see thoughtfulness in the proposal to address specific issues that have been raised and that could strengthen the revised legislation,” she said.

The committee is also considering whether the law should be broadened to better address forms of abuse that can occur without physical violence.

Jamaica LANDS has recommended that protection orders be expanded to cover financial abuse, arguing that control over money and economic resources can undermine a victim’s security and independence.

It has also called for the Act to expressly address online stalking, harassment, and other forms of digital abuse, particularly conduct that may cause harm but does not yet amount to an offence under the Cyber Crimes Act.

The organisation argued that domestic abuse has evolved alongside technology and that victims should have legal protection against abusive conduct carried out in virtual spaces.

The financial abuse proposal received support from Member of Parliament for St Andrew West Rural Juliet Cuthbert-Flynn, who also backed a graduated penalty system for repeat offenders.

“I definitely think we should have a tier system. While we definitely try to rehabilitate so that persons do not reoffend, I think we have to send a strong signal to persons who are repeat offenders, and so I’m definitely in agreement with the tier system,” she said.

Cuthbert-Flynn also said financial dependence could be a barrier for victims seeking help and supported giving the law a stronger response to economic control.