HEALTH SERVICES
Legal system failing domestic abuse victims
March 30, 2015
-
Women living with domestic violence are being failed by the Irish legal system ‘at every level', SAFE Ireland has claimed.
The national organisation, which represents frontline domestic violence services in Ireland, has just published a new report which calls for a ‘radical change in culture in the legal system'.
"This research shows that the different layers of the justice system, from the Gardaí to the judges, often failed to give each woman the time and attention necessary to properly analyse her specific case. We need a radical change in culture in the legal system so that domestic violence is treated seriously by everyone," commented SAFE Ireland CEO, Sharon O'Halloran.
According to the report, women are often not taken seriously by the legal system and they are silenced in court. Their allegations of domestic violence are often not fully investigated and requests to make statements are not properly facilitated.
The report also pointed out that breaches of safety and barring orders are often left unpunished and when it comes to the application of the law, there is often little or no continuity or consistency.
"The legal system is the most developed and best-funded response to domestic violence but it does not appear to understand and therefore respond to the particular needs of individuals before it," commented Simone George, a solicitor and SAFE Ireland researcher.
The report pointed out that overall, relatively few women report domestic violence to the Gardai, most perpetrators are not convicted and jail time is rare.
The report makes 34 recommendations, including a call for the establishment of a civil and criminal law definition of domestic violence, which includes coercive control, and a call for special measures to be put in place to ensure that the anonymity of victims is protected during civil and criminal proceedings.
"This report must mark the day when we take this issue seriously, when we stand up and commit to putting in place a legal and statutory infrastructure that does not leave the majority of women more broken, more stressed, more afraid.
"Because at the moment, that is what is happening for women who rely so heavily on the legal system to help them escape the crime that is domestic violence," Ms O'Halloran added.
The report, The Lawlessness of the Home, can be viewed here