Senate Passes Domestic Violence (Amendment) Act

Members of the Senate, on Thursday (December 21), passed the Domestic Violence (Amendment) Act, which will provide greater protection to victims of domestic violence.

The legislation has been amended to provide for increased penalties for breach of Protection Orders from a maximum of $10,000 to a maximum of $1 million, and a sentence of up to one year in prison.

Additionally, more categories of persons can make an application for a Protection Order.

Minister of Foreign Affairs and Foreign Trade, Senator the Hon. Kamina Johnson Smith, who piloted the Bill, said the review of the legislation is long overdue, noting that it seeks to afford greater protection to victims of domestic violence and assist them in their search for security and redress to these acts.

She stated that the last women’s health survey indicates that four in 10 women experience some form of intimate partner violence.

Senator Johnson Smith said the Government continues to undertake measures to address the issue of domestic violence.

These include establishing shelters islandwide, the establishment of domestic violence intervention centres at police stations in eight parishes, special training for members of the police force, and the formation of a National Coordination Unit within the Jamaica Constabulary Force (JCF) Community Safety and Security Branch.

Additionally, the establishment of a gender-based violence helpline, 1-888-NO ABUSE; counselling and skills training for police, victims and volunteers; the provision of legal support and emergency response; training for parents; and partnerships with stakeholders, such as the European Union, to eliminate gender-based violence.

Senator Johnson Smith informed that come January 2024, the Government will be providing more resources to increase the number of gender-based violence helpline specialists.

Meanwhile, the Minister informed that the Gender-Based Violence Helpline Unit has dealt with more than 7,400 cases since becoming operational in late September.

The Unit was formally launched in November.

Of the 7,400 cases, a total of 5,227 were from reports made by females and 2,239 by males.

“What’s even more concerning is that the Women’s Health Survey had reported that 63 per cent of women who had recently faced physical or sexual partner violence did not seek any form of help, and the main factors for under-reporting for men [included] stigma and lack of support but, for women, largely fear.

“They have not felt that they can speak out, that they can report; but worse, they have feared reporting to authority. This is why the public education campaign and the establishment of the help line are so very important,” she said.

In supporting the legislation, Opposition Senator, Dr. Floyd Morris, called for the buildout of the cadre of workers to deal with domestic violence.
Meanwhile, the Senate also approved the Select Committee to review the Domestic Violence Act.

Committee members were named during today’s sitting of the Upper House and will sit jointly with members appointed by the House of Representatives to consider and report on the Bill.

The members are Senators Kamina Johnson Smith, Kavan Gayle, Abka Fitz-Henley, Donna Scott Mottley, Dr. Saphire Longmore, and Sophia Fraser Binns.

The Domestic Violence (Amendment) Act, 2023 was passed in the House of Representatives on December 19.

Regarding the revisions, Clause Two, which amends Section Three of the Act, provides information on the persons who can make an application for a Protection Order.

They include the spouse or parent of an individual in respect of whom the conduct has been made or is likely to be made.

Additionally, a constable, a person approved by the Minister responsible for social work and the Children’s Advocate can also make an order on behalf of a child.

Clause Three of the Bill amends Section Four of the principal Act by deleting Sub-Section One and replacing it with provisions to prohibit certain actions that may affect the victims of domestic violence.

Under this section, an application can be made to the court for a Protection Order against a respondent in respect of alleged conduct to prohibit that individual from entering or staying in the prescribed person’s household.

Further, from entering any area specified in the Order where the residence of the prescribed person is located, harassing that individual, damaging property of the said party, and dealing with them in a way that can be considered abusive.