The law and gender-based violence

Violence in the domestic setting is said to be increasingly prevalent throughout the world, and Ghana in particular, as women and children happen to be the most affected in this regard.

Even though a number of these violent acts are being reported at the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service, a greater number of them remain unreported, as a result of victimisation and the fear of being further traumatised.

Identifying the media as the first contact point where gender-based violence is mostly reported, the Domestic Violence (DV) Coalition in Ghana, with the support of Cordaid of Germany, organised a one-day capacity building workshop for frontline media personnel in Accra

The capacity training workshop was to provide adequate tools for media persons in responding to gender-based violence.

Media persons were taken through some ethical issues in media response to gender based violence, basic skills and support skills when working with victims of gender-based violence, understanding gender-based violence and its impact, as well as police procedures in handling gender-based violence.

DV COALITION
The Coalition on Domestic Violence Legislation in Ghana (DV Coalition) was established in March 2003 to support to passage of the Domestic Violence Bill into law when it was then introduced by the government of Ghana.

The membership of the coalition spans from organisations and individuals, who are concerned about solving violence-related issues that are mainly perpetrated against women and children.

As gender-based violence continues to surge in communities throughout the country, the DV Coalition is increasingly advocating for the effective implementation of the DV Act (Act 732), as it has enhanced its mandate to include collaboration with the state and its agencies for the effective implementation of the law, monitoring the implementation of the DV Act, educating and sensitising the public on the Act, and promoting collaboration and reinforcing relationships between organisations to effectively solve domestic violence and other forms of gender-based violence.

POLICE PROCEDURES IN HANDLING GENDER-BASED VIOLENCE/DOMESTIC VIOLENCE CASES

Addressing participants at the workshop, DSP Bismark Agyapong, a Clinical Psychologist and Acting Regional Coordinator of DOVVSU, noted that the police should be seen as partners in promoting peace within the domestic setting

According to DSP Agyapong, the media should empower victims of domestic violence to tell their stories and experiences to the police for proper action to be taken, adding that the media should not rush into publishing such stories, but rather access adequate information on the issue from the officer in-charge of the case.

He further asked the media to educate the public on the preservation of evidence, stressing that the early report of violence helps the police to effectively prosecute the case in court.

DSP Agyapong further bemoaned the budget allocated to the activities of DOVVSU, appealing for more financial support to establish shelters for victims of violence, and other logistics that would aid the effecting management of the unit.

ESTABLISHMENT AND LEGAL BASIS OF WAJU/DOVVSU
DOVVSU was established in October 1998 as the Women and Juvenile Unit (WAJU) of the Ghana Police Service. Its creation was part of the government's fulfillment of international obligations, with the police administration also realising the need for a specialised unit to handle cases of abuse against women and children, following the improper handling of such cases at the 'Traditional Police' station.

The unit was renamed Domestic Violence and Victim Support Unit (DOVVSU) in 2005.

The establishment of the unit was backed with the Convention on the Elimination of Discrimination Against Women (CEDAW), Convention On The Rights Of The Child (CRC), The Beijing platform of action, and the Millennium Development Goals among others.

VISION AND MISSION STATEMENT OF THE UNIT
The unit has the vision to create an environment that provides timely and equitable response to victims of abuse.

Its main mission is to prevent, protect, apprehend, and prosecute offenders of domestic violence and child abuse.

ROLE OF DOVVSU
The Domestic Violence and Victim Support Unit (DOVVSU) seeks to protect the rights of the vulnerable against all forms of abuse. In its day-to-day activities, the unit provides advice on crime prevention to members of the public, and also handles offences involving juveniles.

Additionally, DOVVSU creates am effective database for detection, prevention, and prosecution of cases of domestic/gender-based violence, as well as child abuse.

The unit also collaborates with non-governmental organisations (NGO's) and civil societies such as Legal Aid, DSW, FIDA and WISE among others, in providing specialised needs for victims of domestic violence.

OPERATIONAL AREAS OF DOVVSU
DOVVSU has units in all the eleven police regions headed by a Regional Coordinator, and currently, has 86 desks and offices nationwide.

The unit is aiming at getting DOVVSU opened in all police divisions and districts, as its activities are coordinated from the National Secretariat, Police Headquarters, Accra.

LAWS USED IN CASES OF DV/GBV & CHILD ABUSE CASES
Laws currently used in most cases of Domestic/Gender-based Violence and child abuse cases include the following-:

-    The 1992 Constitution
-    The Criminal offences Act (Act 29), 1960
-    Criminal Code (Amended) Act, 1998 (Act 554)
-    The Children's Act, 1998 (Act 554)
-    The Juvenile Justice Act
-    The Human Trafficking Act, 2005 (Act 694)
-    The Domestic Violence Act, Act 732 of 2007
DEFINITION OF DV BY THE DOMESTICE VIOLENCE ACT, (ACT 732 OF 2007)

Domestic Violence, as defined in section 1 of the Act, includes the following-:

-    An act which under the Criminal Offences Act constitutes a threat or harm to the person under that Act.

-    Specific Acts, threats to commit, or acts likely to result into harm Domestic Violence come in the following forms -:

-    Physical abuse
-    Sexual abuse
-    Economic abuse
-    Emotional abuse/psychological abuse
-    Harassment
-    Behaviour or conduct that harms another person

COMPLAINANT
Domestic Violence/ Gender-based Violence complaints can be filed by-:

-    A victim of domestic violence or a person with information about domestic violence

-    A social worker, probation officer or health care provider

-    A member of the victims family
-    A deceased person's personal representative or a member of the deceased's family or another person competent to represent the decease.

-    A child assisted by a friend
DUTIES OF POLICE OFFICER IN DV/GBV CASES
Section 7 of the Domestic Violence Act stipulates that:

A police officer, upon receipt of the Domestic Violence case, shall respond by offering the protection that the circumstances of the case, or the person who made the report requires, even when the person reporting is not the victim of the domestic violence.

The police, upon receipt of complaint, issue a free medical treatment for the victim.

-    The police goes ahead to interview the parties and witnesses to the domestic violence including children

-    Record the complaint in detail and provide the victim with an extract of the occurrence upon request in a language the victim understands.

-    Assist  the victim to obtain medical treatment where necessary (free medical treatment)

-    In the case of an emergency or life threatening situation, medical treatment may be given pending the making of a formal complaint to the police

-    Assist the victim to a place of safety, as the circumstances of the case, or as the victim requires, where the victim expresses concern about safety.

-    Protect the victim to enable the victim retrieve personal belongings where applicable.

-    Assist and advise the victim to preserve evidence

-    Inform the victim of his or her rights, and any services which may be available

ARREST BY POLICE
An arrest can be done with or without a warrant, however, the circumstances of arrest without a warrant is where a Domestic Violence is committed in the presence of the police, the police is obstructed by the person in the execution of police duties, and where the perpetrator escapes, or attempts to escape from lawful custody.

HOW CASES ARE HANDLED
Complaints are received at a secured and private charge office

-    Station officer supervised by a Senior Police Officer assigns cases to investigators, police medical form is issued, refers cases for counseling, legal aid and Department of Social Welfare among others.

-    After case is investigated, the case is sent to court based on complainant's willingness to have case prosecuted except in cases of sexual offences, child related cases, and serious assault cases.

-    Cases not sent to court are also referred for counseling, or legal aid depending on the needs of the complainant.

WHAT CONSTITUTES RAPE AND DEFILEMENT
-    Rape is the canal knowledge of a female of sixteen years or above without her consent.

-    Section 101 Sub-section (2) of the Criminal Code, Act 29 of 1960, as amended by the section 11 of Act 554 of 1998, states that whoever naturally or unnaturally carnally knows any child under sixteen years, whether with or without his or her consent, commits defilement.

-    According to the definition as stated above, defilement can only occur if sexual intercourse takes place between two individuals, of which one person is less than 16 years of age, while the other party is above 16 years of age.  Any child under 16 (both boys and girls) can be defiled. The crucial element in defilement is the age of the victim, but not his/her consent.

SENTENCE
Five to 25 years imprisonment awaits any person found guilty of Rape under Section 97 of the Criminal Offences Act, 29/60.

Seven to 25 years imprisonment waits any person found guilty of defilement under Section 101 Sub-section 2 of the Criminal Offences Act, 29/60.