This tended to limit the scope of domestic violence since an act that
failed to fit in the existing common law offences would not be
considered an offence. However, this position was changed by the
Domestic Violence Act, which widened the definition of domestic
violence.
New definition
The new definition of domestic violence covers acts of physical harm
where a person may attack someone using weapons such as a belt, stick,
axe, hot iron or anything that can cause bodily harm. It also includes
attacks using fists or open hands. The legal word for such violence is
assault.
Mental injury is also termed domestic violence in terms of the Act.
Mental injury may be caused by acts of harassment, intimidation,
emotional, verbal and psychological abuse; all such acts are defined as
forms of domestic violence.
Thus with this wide definition, all acts of sexual and mental harm are
treated as cases of domestic violence and victims of such acts will be
protected by the law.
Forms of domestic violence
Domestic violence comes in different forms and is not only restricted
to physical violence. The Act outlines instances of domestic violence
which should be punishable under the law as follows:
Physical abuse – includes hitting, kicking, punching and any other
manner of physical abuse or assault or threat of such physical assault.
Sexual abuse – forcing someone to do sexual acts she/he does not
want. This includes rape, unwanted sexual touching or any act that
sexually degrades another person.
Emotional, verbal and psychological abuse – this includes humiliating
a person by repeatedly insulting, ridiculing that person, calling
someone names or repeated threats to cause emotional pain.
Economic abuse – this includes not providing money for family use for
household necessities, medical expenses or school fees. It also
includes selling off household assets or other property such as house
and refusing to allow someone to undertake an income generating
activity or seek employment.
Intimidation – causing fear in another person by threatening to cause harm.
Harassment- being a nuisance to someone by, for example, watching or
loitering around a person's home or workplace, telephoning a person's
home or workplace or sending messages to a person's home
Stalking – following or pursuing a person and thus invading that person's privacy.
Damage to property – jointly owned or belongs to another person.
Entry into the residence of another person, without consent, where the parties are no longer living together.
Unreasonable disposal of household goods in which someone else has an interest.
Abuse caused by some cultural or customary practices that
discriminate or degrade women, for example: forced virginity testing,
female genital mutilation, pledging of women and girls for purposes of
appeasement of spirits, child marriages, forced marriages, forced wife
inheritance, sexual intercourse between fathers-in-law and newly
married daughters-in-law
Abuse of a person because of their age, physical or mental incapacity.
Abuse of a person because they are blind or have hearing or speech disabilities.
To be continued
FOR MORE INFORMATION CONTACT:
Legal Resources Foundation
Tel: 04 251170-4
E-mail: pa@lrf.co.zw
Post published in: Politics