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Domestic violence and its effects
Domestic violence in today's society
Domestic violence and its effects
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Good morning Minister of the Families I am Juliet and I will be your consultant for today. I will be outlining the aspects of the law of Domestic and family violence that has a flaw in society. I will be analysing the current laws, evaluating the effectiveness of the law, comparing these laws, making recommendations for changes in the law and justifying how the proposed changes adequately address the needs of the Australian society. Domestic violence is a violent or aggressive behaviour within the home, typically involving the violent of a spouse or partner. Domestic violence in Australia occurs in the privacy of people’s homes and it is mostly upon women that are disadvantaged.
The law regarding Domestic and Family abuse states that an Act to provide for protection of a person against violence committed or threatened by someone else if a relevant relationship exists between the persons, and to make amendments to the Criminal Code, the Evidence Act 1977, the Police Powers and Responsibilities Act 2000 and the Police Powers and Responsibilities Regulation 2000 for particular purposes, and to make minor or consequential amendments to this Act and other legislation as stated in a schedule which was assented on 17 February 2012. In division 2 of the Domestic and Family Violence Act 2012 Section 8, Domestic Violence is defined as behaviour by a first person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that –
a) Is physically or sexually abusive; or
b) Is emotionally or psychologically abusive; or
c) Is economically abusive; or
d) Is threatening, or
e) Is coercive, or
f) In any other way controls or dominates the second person and causes the second person...
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...of statistics conducted a Personal Safety Survey in 2005 had questioned 16,400 individuals either the age of 18 and over. The findings had showed that 73.7% of women had said that the abuser in the relationship was of a male character, 81.1% of women did not report that they had been sexually abused to the police, 64% of women some form of physical abuse. 13.6 billion dollars per year has been the estimated amount by the Queensland Government that has been spent towards Domestic and Family Violence. By sharing the estimation using the population in Queensland, Queensland has the inferred the cost of 2.7 to 3.2 billion dollars.
The changes needed for the Australian society to be adequately addressed is not the law itself but the consequences in regarding the law because if they were effective than there would be less violence happening but that is not the case.
The offence of controlling or coercive behaviour was created in 2015 after increasing political concern to strengthen the criminal law’s response to domestic abuse. In a report by Her Majesty’s Inspectorate of Constabulary, it was reported that domestic abuse makes up around eight percent of all crime; one third of assaults with injury and it was estimated that there is an emergency call regarding domestic abuse almost every 30 seconds. Before the
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
Violence has become prevalent within society; it is something the western world has learned to accept. With every minute that passes Canadians come face to face with certain acts of violence they may not have previously encountered (citation). Although, violence is not a subject that one can escape, women and children have unfortunately become the prime victims of violent acts. The media glorifies violence in other countries around the world it fails to address the presence of violence within Canada. Although violence is usually associated with gangs and guns, Canada experiences more violence related to bullying, sexual, verbal, cyber and domestic abuse (citation). Amidst the changing societal views towards treating women equally and eliminating objectification, of all these types of violence and abuse in our society, the most common still happens to be domestic abuse, which is mainly targeted at women and affects children. Domestic abuse is described as a form of abuse that takes place in the confines of the household (Citation). Though 51% of Canadians have said to have experienced or witnessed domestic abuse only 20% of those cases related to domestic violence are ever reported (citation). Domestic abuse has become more prevalent in modern society; however, it is an issue that is left un-noticed simply because its effects are invisible outside the walls of ones home. In reality the effects of domestic violence have severe negative effects on women, children and the social structure of today’s society. Without any notification of domestic violence the re precautions of this abuse can be dire. When an individual thinks of domestic abuse, their ideas quickly relate back to women, simply because women are the usual and most common victims of domestic violence. And therefore is an issue that must be resolved rather than ignored.
“Domestic violence is an emotional, physical, psychological, or sexual abuse perpetrated against a person by a person's spouse, former spouse, partner, former partner or by the other parent of a minor child” (McCue 2). While it is these things, the violence is also considered a pattern of demeanor used to establish power and control over another person with whom an intimate relationship is or has been shared through fear and intimidation (“Domestic Violence Sourcebook” 9). It has many names, including spouse abuse, domestic abuse, domestic assault, battering, partner abuse, marital strife, marital dispute, wife-beating, marital discord, woman abuse, dysfunctional relationship, intimate fighting, mate beating, and so on (2). Donna Shalala, Secretary of Health and Human Accommodations, believes that domestic violence is “terrorism in the home” (2). This type of abuse involves threats, harm, injury, harassment, control, terrorism, or damage to living beings/property (2). It isn't only in relationships with spouses, it also occurs within family, elderly, and children (9).
The Need for the Group. Domestic violence is a terrible curse to all those involved. It inflicts harm on the victim, the perpetrator and witnesses, whether they be children or not. While support services have long been available to assist women and/or children overcome any issues that arise as a result of domestic violence, these services have left out a significant portion of victims, those that are male. In 2012 the Australian Bureau of Statistics found “That 33.3 per cent of victims of current partner violence during the last 12 months were male” (ABS, 2012) and “37.1 per cent of victims of emotional abuse by a partner during the last 12 months were male” (ABS, 2012).
There are a plethora of conditions that give rise to law reform, such as changing social values, new technology, and the failure of existing laws. Changing social values in our society is probably the most detrimental condition in regards to law reform due to the fact that society has a significant role in determining the laws that are actualized. If the preponderance of society does not believe in a law, or believes a law should be implemented, then the law will be amended to reflect the views of society. For example, before the notion of gay marriage came into consideration to become law in Australia, most people shunned the idea of making this a law as many believed it was unacceptable. In spite of this however, society’s values have significantly changed since then, resulting in the amendment of the law in New Zealand to suit these new values. Furthermore, another pivotal condition that gives rise to law reform is that o...
To define, domestic crime is known as an abusive behavior between parents and family members (NHS 2015). Since it occurs at home, women and children are usually the victims of the crime. It has been proven that around 1.4 million women and 700,000 children have been abused domestically in 2014 (Travis 2015). This has affected both communities and families due to lack of jobs and poverty (Jefferson 2007), as a person can probably grow into a great deal of pressure. Moreover, due to alcoholic adductors, abusers can easily reach to a point of losing temper and mind; this will result in abusing without recognizing. As a result, Children might experience a low future qualification in education due to the house atmosphere (McCue 2008). Additionally, the mother might not be able to offer the family with income by herself; therefore, this makes her forced to stay in order to have shelter and food, which this will result into a wide chance of being abused at home (ibid). One possible solution for this situation is to keep women and children safe and away from this kind of environment, the specialist family violence services can offer them shelter and money for a purpose of living and be able to become highly educated having a better future qualification (McCormak 2015). Moreover, the government should work with courts on producing restricted laws and behaviors to men, this could happen by
The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) will significantly improve protection for children and families at risk of violence and abuse. The amendments were made to the previous Act of 2006 to help people within the family law system to better understand violence and abuse and ensure it is reported and responded to more effectively. Relevant research will be assessed to provide background information on reforms of the Family Law Act, and how these changes have helped lead to the Amendment Act of 2011. This essay will evaluate the changes that were made in 2011 and whether these changes have led to improving the protection for children and families at risk of violence and abuse.
In Australia, there should be fewer laws which are better enforced and with better justice outcomes. We as a nation need to enforce stricter laws and harsher punishments, we need to be concise in our laws, not having laws which are unnecessary, and we need better enforcements because there are major flaws in the Justice system Complicated laws mean more confusions and violations. We live in a world where their is just too many laws. Rules are meant to enforce a particular manner. Usually for the greater good.
Unmistakably, domestic violence is a major issue in modern society, not only to the affected persons, but also to the entire community. Failure by the government to adequately address this aspect is most likely to expose more citizens to greater danger, which could include death. In view of this, Congress and other political leaders should adopt strict policies on domestic violence, because most citizens are suffering in one way or another from the effects of domestic violence. This is ostensibly because the current legal system does not sufficiently provide for the required protection, when it comes to domestic violence, and the situation at the moment is critical (Shipway, 20). This essay paper analyses some of the appropriate policy measures that the government, through congress should consider to make sure human rights are upheld.
No matter what the situation or the circumstance between two people, domestic violence will always be illegal. The definition for domestic violence could be ‘Domestic and family violence occurs when someone tries to control their partner or other family members in ways that intimidate or oppress them. Controlling behaviours can include threats, humiliation (‘put downs’), emotional abuse, physical assault, sexual abuse, financial exploitation and social isolations, such as not allowing contact with family or friends’ ("Definition of family violence | ALRC", 2016). Forms of physical assault would be pushing, grabbing, slapping and kicking. Sexual abuse would include sexual assault and sexual acts carried out against a person’s will. Different types of psychological abuse would include
Domestic violence within Australia is a fear induced mechanism that generates a loss of self sufficiency and personal freedoms for the victim, acting as an outlet to induce change and cement the perpetrators dominant position in the power hierarchy of the family structure (Berrington 2016). 2015 Australian of the Year, Rosie Batty labelled domestic violence as “family terrorism”, suggesting that associating the phrase 'domestic violence' alongside that of 'terrorism' would compel Government's to increase funding aimed at eliminating the issue, and adopt more effective legal and non-legal responses to the threat. Batty's assertion that domestic violence is a greater threat than terrorism is widely accepted due to vast statistical evidence; for
For the purpose of this essay, the Government’s definition of domestic abuse will be used, which states that “Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality” (Home office, 2016) is classified as domestic abuse. This therefore includes physical, psychological, sexual, financial and emotional abuse.
With unemployment, discrimination, substance and alcohol abuse, the effects have caused many family and community violence problems. The impact of violence within the community and family can be felt from one generation to the next. (SCRGSP 2016) reports that in 2015, police records indicated that Aboriginal and Torres Strait Islander women experienced physical abuse and sexual assault between 1.1 and 2.6 times more than non-Indigenous women, with the Northern Territory having the highest rates. For every 100,000 Indigenous women, 530 were hospitalised between 2014-2015 because of family violence and assaults, this was 32 times more than non-Indigenous women. The most disturbing figures though relate to homicide, between 1989 and 1998 the figures of “homicide for Indigenous women was 11.7 per 100,000 compared to 1.1 per 100,000 for non-Indigenous women”, the perpetrators more likely being the Indigenous
The New South Wales Minister for the Prevention of Domestic Violence and Sexual Assult Pru Goward defends the program stating; ‘Many domestic violence victims do not report the violence they are experiencing to police or other specialist services, but they do seek medical attention and help from their GPs’. This however raises the question of will this program take away the one safe, trusted place victims could go for support without the worry of judgement or