Jamaica Gleaner

A ‘not-so-festive’ season

- Sherry Ann McGregor is a partner, mediator and arbitrator in the firm of Nunes Scholefiel­d DeLeon & Co. Please send questions and comments to lawsofeve@gmail.com or lifestyle@gleanerjm.com.

THE SAD truth is that the holidays will not be festive for some persons, because they live in fear of violence within their homes all year long, and data suggests that the threat of violence increases significan­tly during the holidays.

We tend to equate domestic violence to the physical abuse and battering of women by their intimate male partners. There is good reason for this, because statistics show that the majority of domesticvi­olence claims are made by women to restrain men from abusing them or their children; and this is not an attempt to deny that there are, in fact, abused men. The second reason is that physical abuse tends to leave visible scars, but other forms of abuse, namely emotional, verbal and financial, cannot be seen and often gets overlooked.

Based on my research, the reasons for the increase in incidents of domestic violence during the holidays has a lot to do with financial pressures that come to bear because of the expectatio­ns persons have of themselves or others to spend more money during the holidays. Also, there is a greater tendency to drink alcohol, which often leads to violent encounters.

Sadly, in the midst of many domestic-violence claims are the children in the homes who often witness, or are themselves victims of, abuse. Far too often, the community sits by in silence while abuse continues, because there is a prevailing culture that vilifies informers or fails to view domestic violence as a crime. This needs to end because it is pointless to express sympathy after abuse becomes fatal.

JUSTICE DENIED

Even more terrifying is the fact that many victims who report abuse and seek justice then complain of encounters with unhelpful police or court personnel, and delays in having their day in court. Justice is truly denied if victims of abuse must continue to experience abuse while awaiting the next court date. A timely response is critical.

I have made several calls for a review of the family court system; and I repeat that call here on behalf of every actual and potential victim of domestic violence, who may be silently crying out for help. The review, in relation to domestic violence, needs to focus on the following:

Public education that ensures that victims, and the community at large, are aware of the legal options that may be available to them.

Frequent resensitis­ation of the persons in police stations and at the courts, who must interface with victims of abuse.

Further simplifica­tion of the court processes so that victims of abuse can self-help.

Ensuring that there are options available for victims of abuse to be relocated to safe shelters away from the homes in which they are being abused. This requires a collaborat­ive approach.

Ensuring that there are facilities to provide counsellin­g for victims of abuse.

Ensuring that there are available options for abusers to be rehabilita­ted.

It is my hope that any reader who is experienci­ng abuse will seek help by reporting the matter to the police and going to the Family or Parish Court to get appropriat­e protection or occupation orders.

Just as important, as a community, we need to support and give assistance to victims of abuse by finding the appropriat­e challenge to report it.

I do hope that the reported trend of increased abuse during the holidays is broken this year, and no longer repeats itself.

To my faithful readers, I wish you peace and happiness during the festive season.

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MCGREGOR

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