Domestic and Gender – Based violence is possibly one of the largest societal problems in South Africa at the moment. All crimes has an effect on South Africa’s society. What distinguishes Domestic and Gender – Based violence is it is mostly a hidden crime which means Victims suffer over a longer period of time. This has an immeasurable effect on South Africa’s society and family life.
Domestic Violence can appear in any type of relationship that is between two parties in any of the following ways : (a) they are married to each other, (b) they live together in a relationship in the nature of marriage, (c) they are parents of a child, (d) they are family members of each other,(e) they are dating,(f) engaged or in a customary relationship with each other, (g) they share or recently shared a property.
Domestic Violence can include the following:
- Physical abuse: this includes any act or threatened act of physical violence towards the Victim. In the case of a victim who is a child includes abuse as defined in section 1 of the Children’s Act , 200 (Act No. 38 of 2005)
- Sexual abuse: this includes any conduct that abuses, humiliates, degrades, or otherwise violates the sexual integrity of a victim.
- Emotional, verbal and or psychological abuse: this is usually a pattern of degrading or humiliating conduct towards a victim.
- Harassment: where a person directly or indirectly engage in a pattern of some of the following behaviours – repeatedly following and watching a victim, repeatedly making telephone calls or use other people to make telephone calls to engage in a conversation with the victim, repeatedly sending texts, letters, photo’s etc. to the victim.
- Intimidation or controlling behaviour.
- Spiritual or Economical abuse.
Victims of Domestic Violence can apply for a Protection Order issued by Court. The Protection Order will prevent the respondent from committing any specified act of Domestic Violence. If the respondent fails to comply with the provisions of the Court Order he/she will be arrested.