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Thursday, Feb 9th 2012


Women and Domestic Abuse in Ireland – Part 2

In the first part of this two part mini-series on domestic abuse in Ireland I looked at the reality of domestic abuse and the scale of the problem in Ireland. In this final part, I will look at what might be done to help support the victims of such abuse.
Domestic Abuse in Ireland

One in three women globally live in daily fear of being abused, subjected to violence or raped. In every country, a high percentage of women live under the constant threat of physical violence, often from current or previous intimate partners. Ireland is no exception in this respect. It is estimated that well in excess of 200,000 Irish women are in danger of being abused by their current or ex-husbands, partners or boyfriends. The shocking truth is that women everywhere run a greater risk of being the victim of abuse at the hands of someone they know than from any stranger.

Generally, abuse occurs at an early stage in a relationship. According to the National Crime Council 2005 report - Domestic Abuse of Women and Men - roughly two thirds of abuse cases start before the relationship is two years old. Furthermore, while alcohol played a role in about 75% of the cases, it was a constant feature only 25% of the time. Although alcohol is frequently an important element in triggering episodes of violence and the severity of the abuse inflicted, it is not the causal factor. Therefore, even though alcohol is often included in risk assessments, research has shown it is more `facilitative´ than determinant.

Domestic abuse not only creates a world of terror at home for the victim. It can also dramatically curtail their participation in society. Many victims of domestic abuse find it impossible to remain in full employment. According to the 2005 National Crime Council report, approximately one in eight of those seriously abused were forced to leave their job completely while 40% had to at least take some time off work.

Nobody - man or woman - deserves to live in terror of being beaten, threatened, insulted or even raped. In this respect, it is hard to imagine anything more disturbing than the abuse of a pregnant woman. International research has found that 25% of women who experience domestic violence are physically assaulted for the first time during pregnancy. According to Women´s Aid, a significant number of pregnant women are beaten and even raped by their partners every year in Ireland. Sometimes the abuse is so bad the victims miscarry. Moreover, this abuse often does not cease after they give birth. Many women are prohibited from breastfeeding, while others are raped following the birth of their child or beaten as they cradle their baby.

Importance of Effective Legislation

There is a significant body of international research that testifies to the importance of a responsive and accessible justice system with effective legal remedies in order to tackle domestic abuse. However, as it currently stands, legislation in Ireland fails to provide adequate protection for abused partners.

Current legislation fails to safeguard many women who have been subject to domestic abuse. To come under the ambit of this legislation one must satisfy strict eligibility criteria. For those who fail to do so, a legal remedy is not possible. Women who are being abused but do not satisfy the current legislation´s co-habitation requirements exist in a legal limbo. In their 2009 statistics report, Women´s Aid record how they are often contacted by women who are being harassed by ex-partners, many months after their relationship has apparently ended.

Currently legislation, the Domestic Violence Act, does not allow an abused partner obtain a safety order if in the previous 12 months they lived with their partner for less than six months. This means that a woman who might have been in a relationship with her partner for a number of years but only moved in with him a few months previously would be unable to get a barring or safety order. Furthermore, a woman who is being abused by the father of their child is also unable to take out a barring order if she is not living with him. This would be the case, even if the abuse had started prior to their separation.

Many women in Ireland therefore find themselves unprotected by the law. Ireland singularly fails to meet UN guidelines for domestic violence legislation. According to these guidelines, legislation should, at the very minimum, apply to all those who are or who have been in an intimate relationship. This would include individuals irrespective of whether they are in married or same sex relationships, or even cohabiting with their partner.
There is clearly an urgent need for these gaps in the current legislation to be dealt with in order to ensure no perpetrator of abuse is able to get off on a technicality and that no victim of abuse is left without a recourse to the law.

Furthermore, the moment of separation from a violent partner can often be the most dangerous time of all. Moreover, the more severe the abuse has been, the greater the risk of violence to the abused partner when they try to quit the perpetrator. It is essential women get special protection at this time in terms of preparation to leave, protection by the police and the law.

Engagement with the legal system can place women at heightened risk. Safety and Protection Orders, even where granted, may mean the woman continues to live with her abuser. Should her application for an order be unsuccessful, the woman may be placed at increased risk. Even where an order is granted, the victim´s safety may be compromised as the abuser can be incensed by what she has done or simply hold no regard for the law.

Women´s Aid

It is therefore crucial important for abused women that they can access support in their efforts to escape their abusive relationship. Given the risks of violence and other forms of abuse that separation or taking action against the perpetrator of abuse can lead to, the presence of support agencies and groups is often vital. One such organisation is Women´s Aid, which has been in existence over 35 years. Women´s Aid provides a range of free support services for women who have been subjected to domestic abuse by their partners.

A major tool for Women´s Aid in providing support to abused women is their National Freephone Helpline. This Helpline provides a confidential and anonymous support service to abused women in which they can discuss their experiences in a secure and non-judgmental environment. Callers receive support and guidance as well as potential access to Women´s Aids services, other support groups and refuges nationwide. The Freephone Helpline is free to all callers within the Republic of Ireland and operates every day of the year from 10am to 10pm, apart from Christmas Day. Women´s Aid emphasise the crucial role the Helpline plays in enabling women speak for the first time about their abuse as well as helping them better understand their situation.

In 2009, Women´s Aid responded to over 10,000 Helpline calls. The callers came from all socio-economic backgrounds and from across the whole of Ireland. However, they all shared one thing in common. They were all living in fear of abuse by their current or ex-partners. Many of the callers were struggling to survive as best they could, while also attempting to protect their children from the physical, sexual, emotional and financial abuse to which they were being subjected.

Women´s Aid offers one-to-one meetings at six locations in Dublin and at other safe meeting places throughout Ireland. These meetings provide an opportunity for abused women to discuss their experiences as well as to learn about the legal options available to them. In addition, Women’s Aid provide a Court Accompaniment Service through which they provide advocacy and support to women accessing legal options with respect to the abuse they have suffered. This service is provided by experts in the family legal system.

Finally, we all need to play a role in demanding an end to domestic abuse. One opportunity for this is the annual international 16 Days Campaign. Starting on 25th November (International Day Opposing Violence Against Women) and concluding on the 10th December (International Human Rights Day), over 2,000 groups in more than 150 countries organise events to highlight domestic abuse against women. Women´s Aid together with a wide range of community and political pressure groups, rape crisis centres, domestic violence support services and other individuals in Ireland use the 16 Days Campaign to further public knowledge and awareness of domestic abuse in Ireland.

For further information on the realities of domestic abuse of women in Ireland, please visit www.womensaid.ie for further information.

Discussion

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  1. Comment by: Elizabeth Leonard

    Jul 3rd 2010 at 07:07

    Excellent analysis of the plague of intimate partner violence and current deficits in the law that leave women in danger. I look forward to your next article!

  2. Comment by: Tanya

    Jul 12th 2010 at 14:07

    A very good article. I was a victim in a marriage like that and still am! While awaiting for time to pass so I’d be able to divorce my ex-husband he is still using the separation time to threaten me.
    I thik goverment and community groups involved need to act in order to change legislation while it is not too late for some people!!! And it can happen to any one!

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