The fine for a breach of Jamaica’s new Domestic Violence Act has been increased to a maximum of $1 million, as the Jamaican government seeks to provide more protection for domestic abuse victims.
The Senate passed the Domestic Violence (Amendment) Act on December 21, with increased penalties.
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.
4 in 10 women experience domestic violence
She stated that the last women’s health survey indicates that four in 10 women experience some form of intimate partner violence. 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 centers 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.
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 percent 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 helpline are so very important,” she said.
Adjustments to protection order process
Adjustments have also been made to the list of individuals who can make an application for a protection order under the Act. They include the spouse or parent of an individual in respect of whom the conduct has been made or is likely to be made.
Where violence is used or is threatened against a child, or dependent, an application can be made by a person with whom the child or dependent normally resides or resides on a regular basis, the parent or guardian of the child, or a dependent who is not mentally disabled. Additionally, a constable, a person approved by the minister for social work and the Children’s Advocate can also make an order on behalf of a child.
An application can also 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.
