LEGISLATORS have welcomed a proposed amendment to the Domestic Violence Act which now expands the category of individuals who may apply for a court-issued protection order on behalf of a victim of abuse.

At Tuesday’s sitting of the House of Representatives, Opposition Member of Parliament (MP) Lisa Hanna, in her contribution to the debate on the Bill, welcomed the new proposed provision which she said allows individuals other than the abused to make reports and seek protection under law.

Under the Domestic Violence Act, the court may issue a protection order if it is satisfied that the accused has used, or threatened to use, violence against, or caused physical or mental injury to a person and is likely to do it again.

The protection order prohibits someone who is abusive — either verbally, emotionally or physically — from entering or remaining in a particular household residence, place of work, place of education, or any particular place that could affect a prescribed person.

The proposed amendment to Section 3 of the principal Act, states that an application for a protection order may be made by the spouse or parent of the person in respect of whom the alleged conduct has been, or is likely to be, engaged in by the respondent; where the alleged conduct is, or is likely to be, engaged in by the respondent against a child or dependant, may be made by a person with whom the child or dependant normally resides, or resides on a regular basis; a parent or guardian of the child or dependant; a dependant who is not mentally disabled.

It further proposes that an order may also be made by a person who is approved by the minister responsible for social welfare, to carry out social welfare work; a constable; any other person, whether or not the person is a member of the household of the child or dependant, with the leave of the court; or the Children’s Advocate, in the case where the alleged conduct is threatened against a child; or may be made by a person who is a member of the respondent’s household or who is in a visiting relationship with the respondent, in respect of the alleged conduct engaged in, or likely to be engaged in, by the respondent toward that person.

Hanna stressed that the proposed amendment is crucial as there are some victims of abuse who are afraid to speak out for themselves.

She recalled a video circulating on social media some years ago showing a woman being severely beaten in a community square by her spouse, but when she worked with the police to find the young woman, she decided not to press charges which counsellors surmised was out of fear.

Hanna argued that given the culture of abuse in the country, it is important that the Bill has teeth, pointing to data showing that one in every four women that have been subjected to intimate partner violence, nearly 50 per cent of women between the ages of 15 to 24 say that they have been coerced into sex for the first time and that Jamaica has the second highest rate of killing of women per capital in the world.

“While it is important for persons to be able to report someone else is being abused; fines are harsher and the police have a responsibility, if the person who is being abused has nowhere else to go, that is a problem,” Hanna said as she called for additional shelters for victims.

“I would urge that Parliament sees this as one of its most important Bills to be passed in this cycle because it will give women and men not only a respite, it will give them some comfort in recognising that as legislators we are really serious about their safety and that if they don’t feel they have anybody else that they can turn to as a victim of a abuse, they can turn to the law,” she said.

In the meantime, Government MP Juliet Cuthbert Flynn, joined her Opposition counterpart in welcoming the new reporting provision, noting that she was “excited about Section 2b…that other persons, a third party can report what is happening in a community”.

“I think most of us have actually witnessed persons being beaten [like] your next door neighbour [but] they might be afraid to make a report. As Members of Parliament I know that most of us have had persons, especially women, confide in us more to come and tell us about a beating that’s happening in the constituency in their home.

“They are afraid of reporting, they might not have the means to leave as they are dependent on that spouse, that person that they’re living with. And so I am happy about this third party clause so that persons can actually speak on their behalf to tell the police and to make that report,” she said.

Citing statistics from the United Nations, Cuthbert Flynn noted that in Jamaica last year, nearly 2,500 males reported cases of domestic violence and females made over 6,221 reports which brought the total to approximately 8,714 recorded cases.

“These are just people who actually recorded. There are so many in 2022 who did not report domestic violence because of fear, because of many different reasons,” she said.

Cuthbert Flynn said that while she is aware there are not enough domestic violence shelters, she noted that Minister of Culture, Gender, Entertainment and Sport Olivia Grange is working very hard to get more shelters established.

“If it is that we’re asking our constituents to speak up about domestic violence, many times they have nowhere to go; they don’t have the means. And so, we have to make sure that we’re providing that kind of support,” she said.

The legislators approved the amended legislation which will now go before a joint select committee of Parliament for a comprehensive review.

This follows calls from the Opposition, Jamaica AIDS Support for Life (JASL) and groups for an in-depth examination of the legislation, which they say contains several shortfalls.

Amendments to the Bill also provided for increased penalties for breach of a protection order from $10,000 to $1 million, with the possible prison sentence moving from a maximum of six months to one year.