Violence starts at home

Update

GEORGE NEWS - In South Africa, a woman is killed by an intimate partner every six hours. Half of the women in South Africa will experience some form of gender-based violence in their lives.

This ranks the country as one of the top five areas in the world in terms of femicide rates.

According to Colonel Kirsten Clark, clinical psychologist and section commander of the Forensic Psychology Investigative Psychology Section at the South African Police, 90% of femicide victims are killed by an intimate partner following arguments centered on jealousy, possessiveness or the wish to end a relationship.

The majority of femicides occur within the first year of estrangement or separation. Infidelity and jealousy are the primary reasons given for femicide. In South Africa, 81% of femicide victims knew their attackers.

As per Stats SA, 80% of women in the rural areas of the Southern Cape have fallen victim to domestic abuse. KwaZulu-Natal accounted for 30% of femicide cases, followed by the Western Cape (13%) and the Free State (13%).

A whopping 50% of women in Gauteng have experienced intimate partner violence (IPV).

Approximately 35% of women globally experience physical or sexual violence in their lifetime and the majority of this gender-based violence is committed by an intimate partner. Globally, 38% of murders committed to women are done by a male partner.

Types of IPV

Physical violence
Sexual violence
Emotional (psychological) abuse
Controlling behaviours
Coercive behaviours

Causes of IPV and femicide

Society: According to Clark, the causes of intimate partner homicides are a combination of concepts of masculinity, gender roles, and the status of women in society, dysfunctional relationships and a culture of violence.

IPV may be a learned behaviour, where a child grows up in a family where violence is used to deal with conflict in relationships. Physically abusive men are more likely to have physically abusive, violent fathers and these current abusers are modelling the behaviour they learned as a child.

Economy: "Economic status and poverty have been reported as possible factors in studies of violence against women. In general it is more common in low-income settings, where one in four women is subjected to domestic violence weekly.

Economic dependence has been identified as a risk factor for women - being financially dependent on a partner can intensify the type and severity of violence in an already abusive relationship," says Clark.

Violent culture: South African culture is diverse and cosmopolitan but it is also patriarchal, traditional and conservative. Common social problems are alcohol and substance abuse, gangsterism, robbery, rape and murder.

"Research has shown that the mix of patriarchy and a belief in male dominance has created a 'culture of violence' where physical force is seen as the best way of dealing with conflict," says Clark.

Personal causes of crimes of passion

Intimate partner murderers do not necessarily have a history of being violent towards their partners. Therefore a lack of previous physical violence is not a reason to exclude a partner as a suspect.

Often it is the "over-controlled" type of personalities, such as passive-aggressive people and dependents, that are more likely to murder their partners. These personality types will suppress their rage until a trigger event causes an explosion that leads to murder.

Motives for intimate partner murders

Motives for murdering a partner include financial gain and suspicion that a victim is unfaithful or planning to end the relationship. When a murder is committed for financial gain, they are normally pre-planned and not explosively angry. The most common methods of murder employed in South Africa are blunt force trauma, knives and other sharp objects, firearms, strangulation, asphyxiation and drowning.

"These types of murders are often characterised by extreme levels of violence before, during and after the murder. The excessive use of violence has been termed 'overkill' and defined as the use of force that goes further than what was necessary to kill the victim," says Clark.

"While most offenders use more than one method during the act, it has been found that even those who use a single method of killing are prone to overkill, causing multiple injuries."

Planned intimate partner murders

Planned partner murders are more likely to include staging (as a robbery gone wrong or a suicide). They are often motivated by financial reasons or to get rid of a partner to make way for a new relationship.

South African examples include George Theron, who was killed by his wife, his daughter and his daughter's boyfriend in a staged hi-jacking at their smallholding in Vanderbijlpark; Taliep Petersen, whose murder was orchestrated by his wife to look like a botched housebreaking; and psychiatrist Dr Omar Sabadia who recruited some of his patients to murder his wife.

Spontaneous intimate partner murders

These are more likely due to a triggering event that leads the offender to "snap" and murder their partner. There may be a history of violence within the relationship, but this is not always the case. These murders are usually characterised by a high level of violence and overkill.

Sometimes the offender will attempt to stage the scene after the murder to make it look like a burglary, taking an item such as a cellphone - the level of violence does not correspond to the value of the items taken - or by partially undressing the victim to make it look like a rape but there is no evidence of sexual activity. The staging that occurs in the pre-planned murders is more sophisticated - the staging in spontaneous intimate partner homicides is generally sloppy.

The characteristics of such a crime scene are

There is only one crime scene and it is at the deceased's or offender's residence. There is no attempt to hide or conceal the body.
The crime scene is disordered and chaotic.
The weapon is usually one of opportunity that was found at the scene of the crime.
There is no sign of forced entry.
There is no sign of theft or it is inconsistent.
There may be signs of undoing.
The offender is often at the scene and contacts the police.

Forensic findings on such crime scenes are

Drugs or alcohol involved
Facial or head assault
Overkill
Blunt force trauma
Stab wounds

Risk factors for intimate partner homicides

History of interpersonal physical, sexual, emotional or verbal abuse
History of violence and threats of violence within the relationship
Growing up in a family and community where violence against women is an accepted norm
Separation from an abusive partner
Forced sex
Jealousy and controlling behaviours, such as possessiveness and entering a woman's home without her permission
Intimidation, harassment and stalking and damage to property
Possession of or access to a firearm
Financial dependence, financial difficulties or unemployment
Alcohol and substance use and/or abuse

The common defence

Most intimate partner murderers claim non-pathological criminal incapacity (NPCI). This defence poses that at the time of the murder, they were so overwhelmed by their emotions that they were unable to control their actions.

It is said to be non-pathological as they were "unable" to control their behaviour at the time of the crime and it was not because they were suffering from a mental illness. "People who are genuinely non-pathological criminally incapable do not have a memory of the crime and there is no clear build-up to the murder," says Clark.

What the law says

As from 14 April, all members of the public and functionaries are duty-bound to report domestic violence. Accountability is not an option anymore.

Victims of domestic violence also have no choice but to report incidents to the police. If victims are hesitant because of a possible court case, they must remember that not all cases end up in a trial in court, as other options (such as restorative justice, which includes mediation, diversion, rehabilitation and therapeutic interventions) can be considered.

The victim's interests are always considered first and she/he will never heal unless this gets addressed.

If you are in any doubt whether you should report or not - don't be. The law has taken this burden off your shoulders by forcing you to act positively by reporting to the police or the Department of Social Development.

You are not deserting or abusing someone's trust by reporting an incident on their behalf. The mere fact that she/he has taken you into their confidence, is already a clear indication that they needed this to get out in the open and addressed.

Evidence must also be preserved. Take photographs and obtain medical evidence of any injuries. Do not delete any evidence of messages, threats on your electronic devices.

Worldwide, 27% of women and girls aged 15 and up have experienced either physical or sexual intimate partner violence (IPV).

Duty to report and risk assessment by functionaries

A functionary is a medical practitioner, health care personnel, a social worker, an official in the employ of a public health establishment, an educator or a care giver; and any other person designated in terms of section 2A(1).

A functionary, who in the course of the performance of their duties or the exercise of their functions obtains information which, after evaluation by them, causes them to believe or suspect on reasonable grounds, that a child, a person with a disability or an older person may be a complainant as contemplated in section 1, must without delay complete a report in the prescribed form setting out the reasons for such belief or suspicion, and in the prescribed manner submit the report to a social worker or a member of the police.

A risk assessment must be conducted.

A J961 form, that is available on the Department of Justice's website, must be completed and provided to either the police or the Department of Social Development.

Duty of adult members of public to report acts of domestic violence

Section 2B states that any person (any person that does not fall within the list of functionaries) who has knowledge, reasonable belief or suspicion that an act of domestic violence has been committed against a child, person with a disability or an elderly person must report such knowledge, reasonable belief or suspicion immediately to a social worker or police official.

A J962 form must be completed. This form is also available on the Department of Justice's website and the report must either be made to the police or the Department of Social Development.

Worldwide, 27% of women and girls aged 15 and older have experienced either physical or sexual intimate partner violence (IPV).