CMY3705/1/2020–2021 Victimology Guide PDF

© 2019 University of South Africa All rights reserved Printed and published by the University of South Africa Muckleneuk, Pretoria CMY3705/1/2020–2021 70728291 InDesign HSY_Style CONTENTS Page Introduction v Learning unit 1: Brief history 1 1.1 Definition of concepts 2 1.2 History of Victimology 2 1.3 Historical sources on Victimology 2 Learning unit 2: Victim support and empowerment 4 2.1 Definition of concepts 4 2.2 How does secondary victimisation occur? 5 2.3 What is victim empowerment and support? 6 2.4 Victim support models 7 2.5 South African perspective on victim empowerment and support 8 Learning unit 3: Domestic violence 11 3.1 Introduction and definitions of key concepts 11 3.2 Types of domestic violence 12 3.3 A systems theory perspective on abusive relationships 15 3.4 Women as victims 17 3.5 The theory of traumatic bonding and psychological entrapment 18 3.6 The theory of separation assault 19 3.7 Men as victims/husband battering 19 3.8 The nature of abuse 20 3.9 Children as victims 22 3.10 Legislation 22 3.11 The elderly as victims 22 3.12 Definition of concepts 23 3.13 Elder abuse in South Africa 23 3.14 The elderly as victims in South Africa 24 Learning unit 4: Children as vulnerable victims 26 4.1 Sexual exploitation of children 26 4.2 The harm suffered by children who are exploited as a result of trafficking 29 4.3 Consequences of this type of exploitation 34 4.4 Street children in Africa 34 Learning unit 5: Victims of harmful cultural practices 37 5.1 Females 37 5.2 Males 41 CMY3705/1/2020–2021 (iii) Learning unit 6: Victims of farm attacks 42 6.1 Definition and historical background 42 6.2 Definition of farm attacks 42 6.3 Criminal Justice System and farm protection 49 Learning unit 7: Victims of hate crimes 50 7.1 Introduction and definition of concepts 50 7.2 Race 51 7.3 Sexual 54 7.4 Conclusive remarks on hate crimes 55 Learning unit 8: Victims of HIV/Aids and gender-based violent crimes 56 8.1 Introduction 56 8.2 HIV/Aids and gender-based violent crime in South Africa 56 Learning unit 9: Offenders as victims 57 9.1 Female prisoners 57 9.2 Male inmates 57 9.3 The older inmate 59 9.4 Juvenile prisoners 59 Learning unit 10: Victimology in practice 61 10.1 Victim Impact Statements 61 Learning unit 11: The way forward 64 11.1 Future developments in Victimology 64 References 65 (iv) 1 INTRODUCTION Dear Student Welcome, to the FIELD OF VICTIMOLOGY – you have selected to study one of the most interesting and challenging fields within criminology. We hope that your experience of this module will be stimulating and that the content will influence and shape your vision of criminology today as well as in the future and motivate you to make a valuable contribution to society in whatever way you can apply your knowledge in your place of work, whether in the criminal justice system, private, business, corporate or as practitioners such as teachers, psychologists or social workers. WHAT IS VICTIMOLOGY? That branch of criminology that makes a scientific study of the relationship between an injured party and an offender. It examines the causes and the nature of the consequent suffering. Secondly, Victimology focuses on whether the perpetrators were complete strangers, mere acquaintances, friends, family members, or even intimates and why a particular person or place was targeted. Criminal victimisation may result in economic costs, physical injuries, and psychological harm. We also focus on how socioeconomic conditions and cultural practices can result in victimisation. This module does not have a study guide, but a print version of the online learning units will be posted to you for your convenience. Please use the myUnisa facility to aid you in your studies as very valuable information is communicated to students via this forum. Refer to the myStudies booklet which will guide you through the process of using myUnisa. Please visit Additional Resources and read the document titled, “How to manage my studies on myUnisa”. This document will assist you in navigating your way through this module. For your convenience, I have also included an extensive Glossary of Terms (under Additional Resources), widely used in Criminology and Victimology in various languages. This will aid your understanding of key terminologies used in this field of study. BEFORE attempting any written assignments read through the document entitled “UNISA policy on copyright infringement and plagiarism” posted under Additional Resources. The “Academic Phrase Book” will further assist you with good assignment writing skills. You are now equipped to begin with the Victimology module. We trust that you will approach your studies with confidence and enthusiasm. Should you experience any problems with your studies, you are welcome to contact via email, the discussion forum of the course site or telephonically. CMY3705/1 (v) INTRODUCTION We encourage our students to enter into discussions with other students on the myUnisa system. This tends to make the learning experience less lonely. You are expected to visit the myUnisa site and your myLife email at least once per week for important announcements. Your lecturer will also visit the site on a regular basis. Best of luck with your studies! Mr N Bougard (vi) 1 LEARNING UNIT 1 1 Brief history 1 OVERVIEW This unit will provide a brief overview of the roots of Victimology as a sub- discipline of Criminology. Source: Hans Von Hentig (image obtained at http://upload.wikimedia.org/wikipedia/com- mons/thumb/7/7a/VonHentig.jpg/220px-VonHentig.jpg). For a large part of the twentieth century the victim of crime was marginalised or even ignored by the criminal justice system. Even criminologists disregarded the importance of victims in the study of crime (Kearon & Godfrey in Walklate, 2007). The field of Victimology thus emerged in the 1940s when two European criminologists, Von Hentig and Mendelsohn, the so called “fathers of Victimology,” studied crime victims. They theorised that the victim’s behaviour and attitude caused or contributed to the crime being committed. Interestingly, the field of Victimology originally devoted most of its energy to examining the numerous ways in which victims shared the responsibility for specific crimes with the criminal offenders. You can visit the following webpages for further reading about the origin of Victimology: http://www.ehow.com/about_5539502_victimology-developed. html and http://www.lawcollegedehradun.com/lawreview/vol4_issue1_nov12/ article5.html. CMY3705/1 1 1.1 DEFINITION OF CONCEPTS Look at the various definitions as delineated in the selected journal articles. The International Victimology Website (2008) focuses on victims as defined by the UN Declaration (A/RES/40/34, General Assembly, 29 November 1985): “persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws, including those proscribing criminal abuse of power...” The term “crime victim” generally refers to any person, group, or entity who has suffered injury or loss due to illegal activity. The harm can be physical, psychological, or economic. The legal definition of “victim” is a person who has suffered direct, or threatened, physical, emotional or pecuniary harm as a result of the commission of a crime; or in the case of a victim being an institutional entity, any of the same harms by an individual or authorised representative of another entity. Group harms are normally covered under civil and constitutional law, with “hate crime” being an emerging criminal law development, although criminal law tends to treat all cases as individualised (Walklate, 2007:23). Besides “primary crime victims”, we also study “secondary crime victims”. These individuals experience the harm second hand, and include intimate partners or significant others of victims. We may even include “tertiary crime victims” who experience the harm vicariously, such as through media accounts or from watching television. Many victims feel that defi ning themselves as a “victim” has negative connotations. Rather they choose to define themselves as “survivors.” 1.2 HISTORY OF VICTIMOLOGY In his address “Victimology: fifty years on” Van Dijk (1997) outlined the history of Victimology at the 9th symposium of the World Society of Victimology. Access this source if you wish to delve further. Refer to the sources cited for an overview of the history of Victimology and a sub- discipline of Criminology. 1.3 HISTORICAL SOURCES ON VICTIMOLOGY The following historical sources can be cited to further explore the historical devel- opment of Victimology. Von Hentig, H. 1948. The criminal and his victim. New Haven, Conn: Yale University Press. Karmen, A. 1992. Crime victims. Pacific Grove, California: Brooks. Mendelsohn, B. 1963. The Origin of the Doctrine of Victimology. Excerpta criminologica 3(30). Naudé, C.M.B., Prinsloo, J.H. & Ladikos, A. 2006. Experiences of crime in thirteen African countries: results from the international crime victim survey. Electronic Publication. Turin, UNICRI-UNODC. 2 LEARNING UNIT 1: Brief history Newman, O. 1972. Defensible space. New York: Macmillan. Schwartz, M. & Pitts, V. 1995. Exploring a feminist routine activities approach to explaining sexual assault. Justice Quarterly 12(1). The list of sources above is an excellent tool that will assist you with assignments and provides a general orientation into the fi eld of Victimology. CMY3705/1 3 2 LEARNING UNIT 2 2 Victim support and empowerment 2 OVERVIEW Secondary victimisation in the criminal justice system (CJS) Source: Image courtesy of cooldesign at FreeDigitalPhotos.net. Traditionally, courts ignored witnesses’ needs. This, of course, led to secondary victimisation where many victims of crime were treated with disrespect and had their basic human rights ignored. This secondary victimisation may even be experienced more negatively by the victim than the initial trauma related to the crime. 2.1 DEFINITION OF CONCEPTS According to Vetten (2001), secondary victimisation can usually be described as the ill-informed, insensitive, blaming treatment of victims by officials who work for the criminal justice system. The definition can be further extended to include victimisation by the victim’s family, friends or community. Please visit the following link for further reading: http://en.wikipedia.org/wiki/ Victimisation. Often this takes the form of blaming – where the victim is blamed for the crime or for somehow contributing to the crime. Now that we understand what is meant by “secondary victimisation”, we can exam- ine the processes involved in the secondary victimisation of individuals from the start of their contact with the criminal justice system – in other words, during the court process itself. 4 LEARNING UNIT 2: Victim support and empowerment 2.2 HOW DOES SECONDARY VICTIMISATION OCCUR? Secondary victimisation often starts when the victim first reports the crime to the police. Victims, and especially women and children, who are victims of crime, and especially in the event of sexual assault or rape, have to face the police’s disbelief that the crime occurred. The insensitive manner in which they are treated begins the process of secondary victimisation. Discouraging or preventing the woman from laying charges further perpetuates the victim’s negativity and increases her sense of vulnerability. Furthermore, both family and friends may discourage the victim from reporting the crime. All of this resistance from both family and the community or criminal justice officials may exacerbate the trauma the victim is experiencing, leaving this individual feeling alone and isolated. Often the negativity follows the victim into the court process. Few victims understand the dynamics of the court process, criminal procedures followed and evidentiary law. According to Vetten (2001) victimisation takes place at various levels during the court process. She mentions the following: a failure to provide private waiting or report-taking facilities; not informing victims of court procedures and evidence (most victims have no idea how a criminal case is tried); failing to explain why certain questions are being asked or procedures followed; and not updating victims on the progress of the investigation or trial. All of this adds to the victim’s distress and uncertainty and helps to perpetuate the trauma experienced. Long waiting periods for victims before they are examined and treated, as well as the time which often lapses between reporting an incident and appearing in court, may all contribute to and further exacerbate the victim’s stress. To make matters worse, during the hearing itself, the victims’ rights may be infringed upon by the defence. For example, a failure (on the part of the prosecutor) to object to inappropriate cross-questioning in court of the victim by the defence attorney may be extremely traumatic to the victim and may even put the victim in the position that she or he looks guilty. At this point we will stop to examine a case study. Case study: Lindy Instructions: Relate this case study to what you have read in the previous section. Source: Image courtesy of David Castillo Dominici at FreeDigitalPhotos.net. CMY3705/1 5 Lindy is a thirteen year-old girl who was sexually molested by her stepfather in 2005. He had been “grooming” her for a period of time and he probably thought his sexual advances would not be rejected. However, Lindy was so traumatised that she called her mother and the authorities were immediately alerted. She was taken to a district surgeon to ascertain if she had been molested. She had to wait at the hospital for four hours before she was seen by the medical examiner. The whole procedure lasted eight hours. It took four hours for the police to take down her statement. At the police station she was referred to a social worker to help her work through the trauma. No social workers or counsellors were available to help her. She was then advised not to speak to a therapist by the prosecutor, since it was believed this might influence her evidence when she testified as a witness. Her parents were in the process of divorcing at the time and allegations were made by the of fender’s defence that she was using the court case as an attempt to help her mother get custody of the other two siblings. Lindy was presented as a liar during the court proceedings. The accused had the funds to appoint a good attorney and had the ser vices of both an attorney and an advocate. They were well prepared for the case. At each hearing the defence would put forward that Lindy had seduced the offender. She was blamed for the event. Lindy asked the prosecutor to drop the charges against the accused. She developed serious behavioural problems; started taking drugs and lying to her mother. She was placed in a place of safety by the court because she had become uncontrollable and her family was unable to discipline her. The court case had a detrimental effect on her whole life, she constantly fought with her siblings who wanted her to withdraw from the case, and she was rebellious at school and withdrew from her family support structures. She was labelled at school as “bad” because of her disruptive behaviour and teachers could not understand why this usually pleasant and respectful learner was acting out. She started fighting with her friends. She made new friends with the people where she was buying drugs. Lindy started sleeping with the drug dealer to pay for her drugs. She eventually dropped out of school. She later begged her mother to allow her to drop the charges against the offender. She said she just wanted to get on with her life. Lindy then fell pregnant and decided to make life changes for the sake of her baby. She agreed to proceed with the case against her molester. In 2011 the case has still not been finalised and each time is merely postponed by the defence. From the above case study, one can see the far-reaching secondary effects experi enced by victims of crime. Had Lindy merely kept quiet about the molestation she would not have experienced the trauma indicated above. Can you see why so many victims of crime remain silent about what has happened to them? 2.3 WHAT IS VICTIM EMPOWERMENT AND SUPPORT? Victim empowerment refers to the process through which individuals who have suffered conflict and violence are helped to overcome their grief and resentment, thus enabling them to become more positive, proactive and self-motivated members of society. 6 LEARNING UNIT 2: Victim support and empowerment It can also be defined as those strategies and public policies which provide communi- ties with the skills and self-confidence, support and tools necessary to become more effective advocates of the rights and needs of victims in the light of institutionalised and historic discrimination (both in the government and private sector). 2.4 VICTIM SUPPORT MODELS There are two basic models and a third which is a blend of the previous two. The first model suggests that services can be delivered as a specific form of welfare or charity. This model is governed by the ideology of care. The second states that victim services can be part of the administration of criminal justice, in which case the model is governed by the ideology of human rights or a just society. Internationally, several practical examples of both models are available, and will shortly be discussed. The ideal victim policy is a mixture of both models. In addition, we would like to argue for the importance of a third model or point of view namely the model which sees victim policies as an integral part of crime prevention. 2.4.1 The care model Prime examples of the care model are those which involve or include state compensation schemes – especially those which apply generous standards in determining awards for victims of crime. Historically, state compensation schemes belong to the oldest provisions for crime victims (in many western countries, such schemes were introduced between 1965 and 1980). In most cases, existing schemes fall short of being a fully satisfactory welfare provi- sion for crime victims. Only some victims are eligible, and the actual delivery tends to be time-consuming and burdensome for the claimants. Victims who are poor will, of course, welcome any money received. In developing nations, where few people are fully covered by insurance for medical bills, state compensation is an important provision. An important second category of care-oriented services are rape crisis centres, shelter homes for victims of spouse abuse and, finally, general victim support schemes. In most western countries these kinds of services were originally exclusively offered to female victims. In the 1980s similar services started to become available for all victims of all types of crime (including victims of burglaries, assaults and robber- ies). In the United Kingdom and the Netherlands, all victims of either serious or less serious crimes are now routinely contacted by trained volunteers, and offered immediate practical and moral support. The police are instructed to ask all relevant victims permission to give their names and addresses to local support schemes. This approach seems to work well. 2.4.2 The criminal justice model The criminal justice model incorporates victims of crime and they are provided for and included within the criminal justice process. They are taken into consideration by the police, are referred to support agencies, are given advice on preventive measures, and have the right to be notified of the outcome of the investigation or of the ensuing criminal proceedings. They have the right to inform the court of the impact of the victimisation in the form of a Victim Impact Statement, and are afforded the right CMY3705/1 7 to receive restitution from the offender. In many parts of the United States, victims also have the right to express an opinion on the most appropriate punishment for the offender. 2.4.3 The prevention model The implementation of justice-oriented provisions for crime victims is sometimes hampered by a lack of motivation on the part of the relevant professions. Helping victims is often not seen as part of the core business of the police or the prosecutor. Although the provision of these services is highly desirable as an end in itself, it is important to emphasize their importance in the prevention and control of crime. Given this, we therefore want to propose a third model of victim services namely; victim services as part of crime prevention. There are at least four reasons why a better deal for crime victims is important in the fight against crime. The first is that most crimes are brought to the attention of the police by victims or their relatives. Also, the chance to arrest the offender and obtain a conviction largely depends on the information supplied by the victim. If many victims are doubtful whether reporting the case to the police will do them any good (as is clearly true in South Africa), this obviously seriously undermines police effectiveness. For criminal investigations to be at all functional, the victim’s cooperation is obviously essential. This is why the number of satisfied victims ought to be used as a performance measure in criminal investigation departments. Even more important for the reduction of crime is the role of potential and actual victims in crime prevention. Criminality can be prevented by doing something about the economic hardship of groups at risk and limiting their chances of becoming offenders. Actual offenders should also be empowered to stay crime free after their release from prison. Offender-oriented prevention, although fraught with difficulties, remains a must. Since the level of crime is, as discussed above, partly determined by the availability of suitable targets, potential and actual victims can also make an important contribution to the prevention of crime by improving their own self- protection measures. (Simply, because if potential victims offer fewer opportunities for crime, fewer opportunistic crimes will be committed.) There is growing evidence that only some of the crimes prevented by better protection are displaced to other targets. In short, victim-oriented prevention works. Refer to Van Dijk, J. 1996. Victim empowerment and support in an international perspective. ISS Monograph 7: Putting victims on the agenda, if you want to read- up further on these issues. View the above in Additional Resources “Mono7.pdf”. 2.5 SOUTH AFRICAN PERSPECTIVE ON VICTIM EMPOWERMENT AND SUPPORT 2.5.1 South African scenario regarding models of care From an international perspective, the rate of criminal victimisation in South Africa is fairly high owing to a combination of various risk factors. Firstly, the level of crime is driven up by the presence of economically deprived youngsters (as in many other developing nations), and at the same time by the availability of suitable targets (as in 8 LEARNING UNIT 2: Victim support and empowerment affluent nations). The high level of crime seems to have structural causes that need to be addressed by a comprehensive crime policy. In South Africa, many crime victims who report their victimisation to the police are dissatisfied with their treatment. Many would like to receive some sort of specialised help, but this help is simply not forthcoming. The problems of crime victims are simi lar to those experienced elsewhere in Africa. The victim policies that are needed to remedy this situation can be guided by either or both of the two prevailing victim support ideologies: the care ideology, and the criminal justice ideology. Many of the poorer victims of violence would greatly benefit from a state compensation scheme. It is also essential to develop a nationwide net- work of support agencies for all victims, possibly with the involvement of volunteers. Experience in the United States and Europe suggests that a purely care-oriented approach will not suffice. The victim’s demand that justice be done needs to be met and this can only be achieved by the criminal justice system itself. It seems advisable to draft a comprehensive bill of rights for crime victims in South Africa – one that includes proposed changes in the law, changes in procedures, and new codes of conduct for the professions involved. As we have said repeatedly, victim policies not only contribute to the making of a more caring and just society; such policies can also help to prevent and control crime. Potential and actual crime victims can support the police by placing the responsibility on community members to improve their own self-protection measures. Repeat victims can also help the police by installing burglar alarms, which may make it easier for the police to arrest perpetrators. By treating victims more fairly, the criminal justice system can maintain or restore the victim’s respect for the law and thus prevent a downward spiral of violence and resentment. In this perspective, helping crime victims is a task for welfare agencies and volunteers, in close cooperation with the police, the prosecutors and the courts. A victim policy clearly calls for a multi-agency approach. Development of the victim empowerment programme from the National Crime Prevention Strategy (NCPS). In South Africa, unacceptably high levels of crime and violence continue to threaten the significant gains of transformation. The government response includes a range of policy initiatives, with the NCPS providing an overall framework for criminal justice policy and crime prevention. The NCPS is one of the six pillars of the National Growth and Development Strategy of the Reconstruction and Development Programme (RDP). Cabinet approved the NCPS in 1996. The objective of the NCPS was to continue to work at reducing crime levels in South African society. In recognising the inadequate support (historically) given to crime victims, the NCPS acknowledged the need to promote and implement a victim-centred approach to crime prevention. This was done through the introduction of the Victim Empower- ment Programme as an integral part of the NCPS. Broadly speaking, this programme aimed to make integrated criminal justice victim-friendly and to minimise the nega- tive effects of crime and violence on crime victims. The failure of effective victim empowerment in the criminal justice system may encourage “private justice” (e.g. vigilantism) and lead to a lack of public confidence in the system. International CMY3705/1 9 experience has shown that good management of direct and/or indirect victims and/or witnesses is essential in assisting routine police investigations. Feedback to victims regarding the progress of investigations and prosecutions must become part of case management and needs to be regarded as a key performance indicator for effective police investigations. One of the key outputs of the Victim Empowerment Programme within the NCPS was to develop a comprehensive model that incorporates integrated service delivery to victims of crime and violence that is in line with national standards. This approach was based on the premise that crime is a social issue and requires multi-agency interventions. The service delivery model was to be based on interdepartmental and inter-sectoral collaboration. The main role players as described in the NCPS/VEP documents are Welfare (Social Development) as the lead agency, SAPS, the courts and prosecutors of the Justice Department, Correctional Services, and Health and Education departments. NGOs (Non-governmental organisations), community- based organisations (CBOs) and other structures at local government level provide support to these sectors in their endeavours to prevent and reduce crime and violence. This model aims to move towards maximising available resources while minimising the duplication of efforts. It sustains state-managed delivery of caring, supportive and accessible services. A restorative justice system seeks to encourage full participa- tion, particularly of young offenders, where treatment is aimed at enabling minor offenders to avoid a life of crime. Crime victimisation may breed popular contempt for human rights, and the negative impact of this leads to widespread insecurity. Many South Africans observe the Bill of Rights as providing greater protection to criminals. It was thus recommended that government adopt a crime prevention approach that places the rights and needs of victims at the centre of the strategy. 10 3 LEARNING UNIT 3 3 Domestic violence 3 OVERVIEW Read carefully through the introduction and concepts related to domestic violence to gain insight into the phenomenon. You will need to conduct further internet, library or paper based searches on each on the content sections of this learning unit. 3.1 INTRODUCTION AND DEFINITIONS OF KEY CONCEPTS Violence between family members has a historical tradition that dates back centuries and cuts across continents. As a result of this, many social scientists have proposed that within various societies the marriage license is a hitting license and most people believe that under certain circumstances, it is appropriate for partners to abuse one- another (Gelles & Cornell, 1986:36). There is an ongoing debate over the definition of domestic violence. There has been no real consensus about this definition among researchers and lawmakers. Understanding violence, especially domestic violence, requires attention not only to the number of physical assaults but also to other related harmful behaviours, such as psychological or emotional abuse, economic deprivation, stalking and threats toward other family members, pets and property. These non-violent, but harmful behaviours may be antecedents of physical assaults and cannot therefore be excluded from the definition (Davis, Lurigio & Skogan, 1997:54). Berns (2001:265) defines domestic violence as the physical, sexual, and/or psychological abuse that occurs between two adults in an intimate relationship regardless of marital status or sexual orientation. Gelles (1997:12–13) states that one of the biggest problems in the field of child abuse, wife abuse and family and intimate violence has been to develop useful, clear, and acceptable definitions of violence and abuse. The author states that some researchers believe that when defining domestic violence, it is good to separate the so-called normal acts of “force” from the abnormal and harmful acts of “violence”. Although such a separation might seem desirable, distinguishing between acceptable and unacceptable acts proves more difficult than one can imagine. One major question is who decides which acts of violence are legitimate and illegitimate? Gelles (1997:14) further states that the difficulty which arises when defining what acts are violent and what acts are physical, but not violent, is due to varying cultural and sub-cultural views which determine whether certain behaviour is or is not acceptable. He states that it would be too complicated to have a definition that is dependent on the situation within which the behaviour took place, the size of the offender, the size of the victim, and the reactions of those who directly observed the act or who was told about the behaviour. Gelles views violence as “an act carried out with the intention or perceived intention of causing physical pain or injury to CMY3705/1 11 another person”. The physical pain can range from slight pain, as the result of a slap or shove, to murder. Gelles states that to deal with the general assumption that spanking of children, should be viewed differently from using weapons against wives or children, it is useful to consider categories of the general definition of violence, namely, “normal” violence and “abusive” violence: Normal violence consists of slaps, pushes, shoves and spankings that frequently are considered a normal or acceptable part of raising children or interacting with a spouse. These are the acts many people object to calling “violence”, for example, the use hidings or spankings to discipline a child. Abusive violence is a more dangerous act of violence than what is considered “normal” violence. This type of violence has the potential for seriously injuring the victim. This definition includes acts such as punches, kicks, bites, chokings, beatings, shootings, stabbings, or attempted shootings or stabbings. The controversy created by this definition is that it does not take into account what actually happened to the victim/s of the violence, thus excludes the result of the act or the victim. Gelles (1997:15) states that the reason for not including consequences in the definition is that research on assault and homicide, which has been carried out by criminologists, has consistently found that the aspects that differentiate injurious violence from violence that causes no harm are typically random phenomena such as aim or luck. The author further states that physical violence is not the only form of violence that family members and intimate relationships experience, nor is it the most harmful form of intimate victimisation. The effect and consequences of emotional or psychological violence are greater and more profound than the consequences of physical victimisation alone. Tshiwula (1998:81) states that, violence is the unlawful and negative exercise of physical force or the threat of such force, which includes attitudes and actions leading to emotional and/or spiritual injury. This author further states that domestic violence is a pattern of assaultive and coercive behaviour which includes physical, sexual and psychological attacks as well as the economic coercion that adults exercise against their partners. 3.2 TYPES OF DOMESTIC VIOLENCE Domestic violence (and especially spousal abuse) should not be genderised i.e. certain types abuse happen only to males or females, but should be looked at holistically in terms of humanity. 3.2.1 Physical abuse Gosselin (2003:11) states that physical abuse is the use of force or threat of force that may result in bodily injury, physical pain, or impairment. The signs of physical abuse may be external, internal, or both. External signs of physical abuse include, but are not limited to, bruises, welts, marks, burns, bleeding, missing or pulled hair, ripped clothing, crying, wincing, and the appearance of a drug-induced state in the victim. Additional signs of physical abuse may be human bites, cigarette burns, strangulation, immersion in scalding water, and poisoning. Internal signs of physical abuse include, but are not limited to, internal tissue or organ injuries, bone fractures, broken bones, bleeding, sprains, and dislocations. 12 LEARNING UNIT 3: Domestic violence Moody and McLeod-Butler (2000) describe how physical abuse within the domestic violence context causes physical harm or injury to the perpetrator’s own household member, or an attempt to cause physical harm or injury to the perpetrator’s own household member and with the ability to, under certain circumstances, create fear of imminent peril. Gelles and Cornell (1986:21) state that when defining physical abuse, it is a good idea to separate the so-called “normal” acts of force (for example, pushing and shoving) from the “abnormal” and harmful acts of violence (for example, life-threatening abusive acts). They state however, that, this separation of terms might be desirable, but distinguishing between acceptable and unacceptable acts proves to be very difficult – especially in the context of domestic violence. One major question is, who decides which acts constitute abuse and which do not? Many different terms for the concept of emotional abuse exists, such as, “emotional battering”, “psychological abuse” and “verbal abuse”. The concept of emotional abuse will be clarified for the purposes of this particular study. According to Loring (1994:1), emotional abuse is an ongoing process in which one individual systematically diminishes and destroys the inner self (core characteristics, such as the self-confidence, assertiveness or beliefs and values) of another. The essential ideas, perceptions, and personality characteristics of the victim are constantly belittled by the attacker. Eventually the victim finds that these aspects of the self are seriously eroded or absent. Tolman and Edleson (1992:293) describe emotional abuse as “non-physical abuse”, “indirect abuse”, “psychological abuse”, “psychological aggression”, “psychological maltreatment” and “mental or psychological torture”. Further research by Engle (1992) and Evans (1992) finds that “abuse is any behaviour that is designed to control and subjugate another human being through the use of fear, humiliation, and verbal or physical assaults. Emotional abuse is therefore any kind of abuse that is emotional rather than physical in nature. It can include anything from verbal abuse and constant criticism to more subtle tactics, such as intimidation, manipulation, and refusal to ever be pleased”. These authors state that emotional abuse is, “like brainwashing”, in that it systematically wears away at the victim’s self-confidence, sense of self-worth, trust in their own perceptions, and self-concept. Whether the abuse takes the form of constant berating and belittling, by intimidation, or under the guise of guidance, teaching, or advice, the results are similar. The authors state that eventually, the recipient of the abuse “loses all sense of self and any remnants of personal value”. Emotional abuse cuts to the very core of a person, creating scars that may be far deeper and more lasting than physical ones. Stark and Flitcraft (1996:92) attempt to place emotional abuse within a cultural context by stating that cultures may vary in the degree to which women are treated in either an individualistic or collective way. According to Durkheim (in Stark & Flitcraft, 1996:92), the individual psyche is in itself a sacred object because it is an expression of one’s place in the social collectivity (part of a whole). What is considered abuse at the individual level is culturally determined, and what is considered abusive in one culture may not be regarded as such in another. Therefore, emotional abuse and specifically verbal aggression must be considered in its cultural context, for example, loud verbal expressions of one’s feelings is culturally acceptable in certain Latin and African cultures, and is therefore not considered abusive behaviour, as would be the case in for example, a more conservative European household. This is a very important factor to consider when describing emotional abuse as the abuse may be experienced differently according to the victim’s culture. CMY3705/1 13 3.2.2 Sexual abuse and rape Johnson (2006b, Domestic violence – Wikipedia) considers physical violence and sexual violence (including incest) as two separate phenomena and places the latter in three categories: The use of physical force to compel a person to engage in a sexual act against their will, whether or not the act is completed. The attempted or completed sex act involving a person who is unable to understand the nature or condition of the act, unable to decline participation, or unable to communicate unwillingness to engage in the sexual act, for example, because of immaturity in age, illness, disability, or the influence of alcohol or other drugs, because of intimidation or pressure, or because of seduction and submission (as in female forms of sexual aggression). 3.2.3 An act of abusive sexual contact According to an article by the National Coalition of Free Men (1990) sexual abuse is the use of another person’s sexuality for purposes other than mutually consented procreation or the intended mutual sexual gratification of the parties involved. According to this definition, when one degenderises the act, ignore the means of coercion, and disregard the mechanism of perpetration, one can see that women rape men and women alike. Davis and Snyman (2005:193) comment on men who are victimised sexually by women and state that male sexual socialisation encourages men to define any sexual experiences as desirable, however, this generally excludes homosexual involvement. This often leads to men who are sexually victimised by women, doubting their sexual orientation, as they are meant to “enjoy” any sexual advances from women. According to the authors, it is thus conflicting when the male victim finds the experience traumatic. This further highlights the view that sexual assault is about violence, anger and control over the victim, not lust or sexual attraction. Male sexual assault thus means that any man (heterosexual or homosexual) can be sexually assaulted regardless of age, size, strength, or sexual orientation (Davis & Snyman, 2005:193). According to South African legislation rape is regarded as gender neutral. Rape has been defined in the Sexual Offences Act, Section 3(1) 2003 as follows: Any person who intentionally and unlawfully commits an act of sexual penetra- tion with another person, or who intentionally and unlawfully compels, induces or causes another person to commit such an act is guilty of the offence of rape. Johnson’s (2006) definition of sexual abuse is useful as it highlights the emotional trauma of sexual abuse and the effect it has on victims who are unable to defend themselves against sexual predators. What is of particular significance are the aspects of “seduction and submission” used by female perpetrators. The National Coalition of Free Men (1990), Davis and Snyman (2005) and the Sexual Offences Act (2003), define sexual abuse in a gender neutral manner, which gives recognition to homosexual as well as heterosexual men who are victims of rape. 14 LEARNING UNIT 3: Domestic violence 3.2.4 Economic abuse Economic abuse is when the abuser has complete control over the victim’s money “allowance”, including the withholding of money at will and forcing the victim to beg for it until the abuser relents and gives the victim some money. Invariably, the victim will receive less money as the abuse continues. This also includes (but is not limited to) preventing the victim from finishing his/her education or obtaining employment. For further reading visit http://en.wikipedia.org/wiki/Domestic_violence#Economic. 3.2.5 Spiritual abuse Spiritual abuse includes, using the spouse’s or intimate partner’s religious or spiritual beliefs to manipulate them, preventing the partner from practicing their religious or spiritual beliefs, and ridiculing the other person’s religious or spiritual beliefs. For further reading visit http://en.wikipedia.org/wiki/Spiritual_abuse#Spiritual_abuse. 3.3 A SYSTEMS THEORY PERSPECTIVE ON ABUSIVE RELATIONSHIPS Systems theory was proposed in the 1940s by the biologist Ludwig von Bertalanffy and furthered by Ross Ashby in his book Introduction to Cybernetics in 1956. Von Bertalanffy proposed that systems are open to, and interact with, their environments, and that they can acquire new properties through emergence, resulting in continual evolution or change. Rather than reducing an entity (for example, a family unit) to the properties of its parts or elements (for example, father, mother and siblings), systems theory focuses on the arrangement of and relations between the parts which connect them into a whole, referred to as holism (2008). A system can be said to consist of four components: Objects – These are the parts, elements or variables within the system. They may be physical or abstract or both, depending on the nature of the system Attributes – These are the qualities or properties of the system and its objects A system has internal relationships amongst its objects Systems exist in an environment A system, therefore, is a set of organisms or objects that affect one another within an environment and forms a larger pattern that is different from any of the parts. The fundamental systems-interactive paradigm of organisational analysis features the continual stages of input, throughput (processing), and output, which demonstrates the concept of openness or closedness. A closed system does not interact with its environment. It does not take in information and therefore is likely to disappear (atrophy). An open system on the other hand, receives information, which it uses to interact dynamically with its environment. This openness increases its likelihood to survive and prosper (2008, http://www.tcw. utwente.nl/theorieenoverzicht). Stark and Flitcraft (1996:67) state that the family may be viewed as a system of interacting individuals and relationships. It is part of larger systems or supra-systems, CMY3705/1 15 and it encompasses individuals and multiple interdependent relationships or sub- systems, for example, marital or sibling subsystems. Individuals and internal subsystems are locked together by the complex interdependency of mutual needs, communication patterns, commitments and loyalties. Thus, the family is more than the sum of its parts, and any action by one person or sub-system could affect all other members of the system. In addition, family members rely on each other to balance the tasks of maintaining the family structure (status quo) while adapting to internal (developmental) and external (societal) changes. Conceptualising the abusive relationship as a system means that one can look at the process of actions and reactions as a continuous causal chain, each reaction becoming in turn a precipitant for a counter action. A system can also be looked at to find the periods of stability and change, and identify the processes that took place during different times to produce stability or change. Giles-Sims (1986:9) further explains that systems have boundaries that define where the system begins and ends, and what information or behaviour is an acceptable part of that system. Any behaviour that deviates from the ongoing pattern of behaviour or that challenges the boundaries of the system triggers a response. The nature of the response is governed by how the new behaviour fits the goals of the particular system, or the particular components of the system. Violence is considered to be a mutual problem of couples, and that the violence has a specific function within the relationship, for example, it is used to regulate closeness and distance between the couple (Schurink, Snyman & Krugel, 1992:247). Such a relationship continues because the interpersonal interactions obtain an explosive momentum but remains stable, which keeps the relationship intact. Loring (1994:63) states that according to systemic theorists, the initial abusive incident is rooted in a pattern learned in the past where the abuse is maintained and made predictable by a system of developing family rules. The pattern develops and continues because it serves a function, such as maintaining the system. Another application by Loring (1994:64) of the systems perspective explains abuse in terms of the abuser’s sense of inadequacy and the victim’s need to feel that his partner is dependent on him. Feeling inferior to her partner (who is described as behaving in an “over adequate” manner), the abuser uses violence to bring the relationship back into equilibrium. The victim accepts the abuse and his powerlessness is accepted by both parties and serves as a security bond between them. Because systems are relatively stable over a period of time, transitions require adaptation to many changes. These include the transition to married life, to having a first child, to a divorce, to the “empty-nest” stage of life, to aging and finally to death. These critical periods of transition or adjustments indicate that when people are going through transitions they are particularly vulnerable to physical and emotional problems. Factors such as social support and prior histories of coping with problems affect how people deal with major life transitions. Loss of a relationship is often experienced as loss of a part of oneself, and the greater the interdependence of the two people in the relationship the greater the feelings of loss. The transition from a relationship with an abusive woman may result in the man facing many new problems. For example, it may be that leaving an abusive wife raises issues that a man has not faced before, for example, being a single parent or being restricted with regards to access to or visitation with his children (Giles-Sims, 1986:14). Systems are interrelated networks which tend to maintain themselves by regulating the amount of stability and change. This regulation takes place through the process 16 LEARNING UNIT 3: Domestic violence of positive and negative feedback. Generally individual systems maintain consistent levels of stability and change over long periods of time. When a crisis occurs, or when there is change in the environment in which the system exists, the internal regulation of the system may be disrupted. To remain viable, systems require some stability and some adaptation. Individual systems may have patterns of behaviour that have become stabilised, and even though patterns of behaviour may be destructive to individuals, for example, patterns of emotional and physical abuse, the system has adapted to those behaviours and is still a viable one. To change behaviour patterns that have become stabilised within the system requires some new input. For example, when abuse has occurred over time on a routine basis, the man may adapt to the abuse by withdrawal, suppression of feelings, or possibly displacement of his anger onto his children. When one person is rejecting his or her partner, the other person within the system acts in a way to constrain the partner from leaving, in order to maintain the system despite the conflict. Giles-Sims (1986:22) further postulates that, couples that have more conflict tend to let conflict accumulate over time and to use tactics that are person, rather than issue orientated. Couples with less conflict have shorter conflicts and tend to be more issue oriented. The couples who experience more conflict were inclined to argue about their relationship more, which indicates how strong the tendency is to try to maintain an on-going family system. From a systems theory perspective, the maintenance of the system becomes more important over time than specific conflicts. Marriages that have long-enduring patterns of conflict can also be stable marriages as specific patterns of communication have become part of the system of interaction and they are relatively resistant to change. The system that includes this stable pattern of interaction is unlikely to change without input from another source that presents some new information. This new information could be some intervention program, a new opportunity, a new supportive friend within the system, or the openness of one member to a new perspective. This could assist the man in reaching a threshold of viability and cause him to leave the relationship as the system is no longer a viable one (Giles-Sims, 1986:11). 3.4 WOMEN AS VICTIMS 3.4.1 Women as victims of sexual violence Davis and Snyman (2005:190–192) are of the opinion that threats of physical, sexual and psychological violence is common to the daily lives of most women as it relates to the inequality between men and women. Whilst violent assault by strangers is well documented, the truth is that most women are most at risk to be attacked by men they know. This often results in self-blame by the victim and the victimisation is subsequently seldom reported to the police. Research found that women fear that they will be blamed or not believed by the police if their victim is known to them. Sexual violence in the home i.e. intimate partner/domestic violence is increasing as the abuser gains control over his victim and is therefore able to perpetuate the violence without consequences. Davis and Snyman (2005:190–192) state that there is no denying that domestic violence knows neither race, gender nor class and that women are more likely to be victims of domestic violence. CMY3705/1 17 3.4.2 Psychological dynamics of domestic abuse The effects of ongoing/long-term abuse upon an individual, varies relative to the psyche of the person. Research on women abuse has produced several theories which attempt to explain and provide greater understanding of the dynamics of intimate partner violence and abusive relationships in general. These include battered woman’s syndrome and learned helplessness, the theory of traumatic bonding and psychological entrapment, separation assault and anxiety, and post-traumatic stress disorder. There is however, no single, definitive pattern characterising all relationships within which there is violence and abuse (Davis & Snyman, 2005:190–192). 3.4.3 Battered woman’s syndrome The battered woman’s syndrome is a set of behavioural and psychological characteristics exhibited by victims of prolonged, repetitive patterns of physical and emotional abuse at the hands of their partners. The effects of the latter is what Walker (1984:55–70) describes as the “cycle of violence”. This cycle is characterised by three phases that are repeated over the period of the abusive relationship, namely: The tension building phase The victim attempts to reduce or remove all known irritants from her partner’s environment to keep him calm. Despite these efforts, phase two is inevitable consequence of phase one. The explosion/acute battering phase As suggested by the name this phase is characterised by an extreme physical and emotional explosion. During this phase the abuse is at its worst. The calm, loving respite/honeymoon phase This phase is characterised by the abuser’s pleas for forgiveness and promises that he will never commit further acts of violence against the woman. It’s during this phase that most victims make the decision whether to leave or stay in the abusive relationship. Davis and Snyman (2005:190–192) state that commonly the reaction of a victim of abuse is a sense of disbelief that the violence has actually happened to her. This may be followed by an emotional break-down, characterised by a combination of lethargy, depression, self-blame and feelings of helplessness in varying degrees. Thus, the abuser’s desire for forgiveness and reconciliation coincides with her mental and emotional needs at the time. This cycle is repeated and leads to learned-helplessness as the victim starts to believe that she has no control over the abusive relationship. 3.5 THE THEORY OF TRAUMATIC BONDING AND PSYCHOLOGICAL ENTRAPMENT The theory of traumatic bonding is based the abused victim’s confrontation with on- and-off patterns of abuse, which may lead to very strong attachment to the abuser. The effects of abuse and traumatic bonding are similar in ways to the Walker’s model. The basis of the victim’s reactions is ascribed to the episodic nature of the abuse and not the battering cycle per se. 18 LEARNING UNIT 3: Domestic violence This is based on an unequal power balance in the abusive relationship and one of the parties begins to experience low self-esteem as a result of the repeated abuse. The abused victim begins to feel increasingly more negative about herself and more in need of her abuser. She starts to see her abuser of all-powerful and as the relationship continues the victim starts to believe that she cannot do without the abuser (Davis & Snyman, 2005:190–192). 3.6 THE THEORY OF SEPARATION ASSAULT This theory stresses the psychosocial and psychological forces that prevents a woman from leaving an abusive relationship, or might draw her back into it. The theory focuses on the retaliation that the victim suffers from the abuser when she does or tries to leave the abuser. Mahoney (1991:6–7) postulates, “At the moment of separation or threatened separation... the batterer’s quest for control often becomes most acutely violent and potentially lethal”. The theory of separation assault does not deny the effects of learned helplessness, but more fully explains the victim’s reactions by combining practical difficulties and personal fears. The theory thus confirms the actual difficulties that exist when trying to leave an abusive relationship, whereas learned helpless explains the perceived difficulties of that exit. It is important to state that not all abused women are helpless and submissive. Many victims of abuse are active survivors as they remain in the abusive relationship, not because they are passive about their situation, but because they have tried to escape but remain unsuccessful in doing so (Davis & Snyman, 2005:190–192). 3.7 MEN AS VICTIMS/HUSBAND BATTERING Litman (2003:772) states that the phenomenon of husband abuse or husband battering is not as uncommon as is generally perceived. He is of the opinion that it tends to be ignored, dismissed, or selectively attended to. The reasons why men do not report their victimisation and why they stay in abusive relationships are well documented according to the author. He states that their victimisation occurs because of deeply ingrained myths regarding both the potential for, and incidence of, violence in women, and the vulnerability of men to such victimisation – myths that have led to the gross underestimation of the high incidence of female perpetrators in abusive families. Violence towards husbands, or husband abuse, has been a controversial area in the study of domestic violence. There has been considerable debate on the topic, but very little scientific data exists (Gelles & Cornell, 1986:79). Dobash and Dobash (in Pagelow, 1983:189) insist that marital violence (and/or violence within dating or cohabitating relationships) can only be understood by taking into consideration events surrounding violent episodes and the social, historical and institutional processes, as well as cultural beliefs and ideals of the environment in which they occur. Female on male abuse or husband battering must be understood in the context of the more global problem of family or domestic violence because of its influence on social perceptions and policies. George (1994:137–159) argues that more research is needed to help define the similarities and differences between male and female victims of domestic violence. The author believes that the general opinion in society that women are the only “legitimate” subject of domestic violence and that the number of abused men in society is very CMY3705/1 19 small, is a misconception. George further states, “The fact is, that taking a serious look at the phenomenon of battered men, may actually be a necessary next step to help decontaminate the study of domestic violence”. The term battering is applied to describe a form of domestic abuse – hitting, but it is also commonly used to refer to the pattern of violent and coercive behaviour used to gain control in an intimate relationship. The control may be accomplished through economic means, such as withholding or denying access to money or other basic resources, or sabotaging employment, housing or educational opportunities. Social isolation also falls under this umbrella term, which can include denying communication with friends and relatives or making communication so difficult that the victim chooses to avoid it, prohibiting access to the telephone or transportation and denying access to needed health care. Verbal or emotional forms of assault and control may include intimidation, coercion, threats or degradation. Physical and sexual assaults may occur, but Gosselin (2003:13) warns that isolated acts do not constitute battering as battering infers physical abuse over an extensive period of time. The term “husband battering” thus encompasses physical, emotional and sexual abuse. Reid (2003:219) describes the “battered person syndrome” as a syndrome arising from a cycle of abuse by a person, often a parent or a spouse, that leads to the battered person to perceive that violence against the offender is the only way to end the abuse. In some cases the battered person murders the batterer, and in some jurisdictions evidence of the battered person syndrome constitutes a defense to the murder. This definition is broad and can be used for both male and female victims of abuse. Thus the “battered husband syndrome” as proposed by Steinmetz (1977:499) can be used according to Reid’s definition, as it draws a parallel with the “battered wife syndrome”. According to Gross (http://menweb.org/throop/battery/commentary/dgross-hbat. html) husband abuse or battering should not be viewed as merely the opposite side of the coin to wife abuse or battering. Both are part of the same problem, which should be described as one person abusing or battering another person. 3.8 THE NATURE OF ABUSE One of the reasons for the dismissal of violence by wives against husbands or male partners is derived from the assumption that female violence is not as injurious or is less injurious than violence perpetrated by men. When reviewing data obtained in hospitals, both Goldberg and Tomianovich in 1984 and Smith in 1992 found that male victims of spousal abuse received injuries that required medical attention (in George, 1994:137–159). Smith (1992) also reported that males tend to receive more severe injuries and lost consciousness more often than women who were victims of spousal abuse. Smith points out that the upper body strength of an average woman is less than the average man and so it is possible to argue that they have a lesser ability to injure. However, the difference in strength need not be large when using for example, a household implement as a weapon. The Journal of Men’s Studies quotes a few case studies to demonstrate this: A man was admitted to St. Bartholomew’s Hospital in London after his wife had split his head with a meat knife. He was lucky to escape with his life (Harrison, 1986:34). 20 LEARNING UNIT 3: Domestic violence I’ve sewn up men who have had crockery thrown at them and bottles smashed over their heads. I once saw a man who looked as if he’d walked into a steam- roller... he was covered in bruises and cuts (Harrison, 1986:35). Mrs D... C..., ripped off one of her husband’s testicles. Surgeons failed to save it and the judge ordered the woman to pay £480 in court costs but did not make a compensation order (Wolff, 1992:22). Seeking to determine whether females sustained greater injury than males, McLeod (in George, 1994:137–159) reported on an analysis of 6 200 cases of domestic violence reported to either law enforcement officers or the National Crime Survey interviewers. She found that women, who attacked men, were more likely to use weapons (seventy five percent of females used weapons while twenty five percent of males did so). Although the number of women attacked in the sample was larger, the extent of the injuries suffered by the male victims tended to be more serious. Thus women made up for their lack of physical strength by using a weapon, usually a household object. Hoff (2004) cites the British Crime Survey of 1996 which found that in most cases the domestic violence incidents involved pushing and grabbing, but in forty seven percent of incidents the victim was also kicked, slapped or punched. The same study showed that about half the attacks resulted in injury, most commonly bruising, but one in 10 involved cuts and a small minority broken bones. In one in five cases the spouses would throw things at each other, and in about a third of the cases children in the home either witnessed the attack or were aware of it or even injured as they tried to intervene. These results were equal for both men and women. Furthermore only half of the victims of domestic violence divulged any information about their victimisation. This was normally to a friend, neighbour or relative. The police were only approached in approximately twelve percent of the incidents. Erin Pizzey (2004) also comments on various forms of abuse the male victim of domestic violence suffers at the hands of his female partner. Pizzey postulates that the female abuser (which she named the family terrorist) who is “hell-bent” on revenge will take such measures as: Stalking a spouse or ex-spouse Physically assaulting the spouse or the spouse’s new partner/s Telephoning all mutual friends and business associates of the spouse in an effort to ruin his reputation Pressing fabricated criminal charges against the spouse (including alleged battery and child molestation) Staging intentionally unsuccessful suicide attempts for the purpose of manipulation Snatching children from the spouse’s care and custody Vandalising the spouse’s property Murdering the spouse and/or the children as an act of revenge This behaviour pertains to individuals in varying degrees. Many people may lapse into periods of irrational or violent behaviour, but what characterises the “family terrorist”, is that the vindictive and destructive behaviours are consistent, even if there are moments of calm and periods of lucidity, which temporarily lulls the storm of domestic violence. CMY3705/1 21 Pizzey concludes that in her experience both men and women are equally guilty of the above behaviour, but on the whole, because it is men’s violence towards women that is studied and reported on the most, many people do not realise that to the same extent women are equally guilty of this type of violent behaviour. 3.9 CHILDREN AS VICTIMS Violent acts against children reflect violent environments, especially within a domestic context. Because of their inferior status and physique they may become vulnerable victims of state, structural, institutional and interpersonal violence (Davis & Snyman, 2005:175–176). Children who are subjected to violence, in what is supposed to be their safe haven (i.e. their home), are particularly vulnerable. They may be subjected to the gravest of emotional, physical and sexual abuse under the so called ‘protection’ of parents and guardians and live in constant fear and danger of abuse. 3.10 LEGISLATION The Bill of Rights of the South African Constitution, in particular Section 28, describes the rights of children referring to the right of the child to be protected from maltreatment, neglect, abuse or degradation. In addition, the Child Care Act provides for the following: The establishment of children’s courts The appointment of commissioners of child welfare The protection of the welfare of children in need The adoption of children The establishment of institutions and places of safety The contribution by certain persons towards the maintenance of certain children The act renders it an offence for any parent, guardian or person that has custody of a child to ill-treat the child or to allow the child to be ill-treated or abandoned. The act also states that every dentist, doctor, nurse, social worker, teacher or any person employed by or managing a childcare facility must report suspected cases of child abuse. In spite of these legal safeguards children are frequently forced to supplement the income of poor families, and are often forced to leave their homes as a result of abuse and victimisation (Davis & Snyman, 2005:175–176). 3.11 THE ELDERLY AS VICTIMS According to Twain (2008:1), elder abuse is a relatively new phenomenon, not only in South Africa but globally. It is also rapidly emerging as a growing social problem. Due to the increasing frequent cases of elder abuse by caregivers in society, foundations such as Helping Hands, in the United States of America are looking at alternatives for the care of the elderly and frail within communities. Primates are reared to care for the elderly thus alleviating the necessity for humans who are potentially abusive. This is a sad indication for so-called civilised societies. Elder abuse occurs across all economic, ethnic, religious, gender and cultural groups. In South Africa the problem of elder abuse was previously the sole responsibility of the Department of Welfare (Social Development), which meant that abuse was only dealt with in homes for the aged. Given that older people are now encouraged to live in their communities as long as possible, and the fact that most older people 22 LEARNING UNIT 3: Domestic violence do live in their communities anyway, the responsibility for dealing with elder abuse has shifted to many more sectors of society. 3.12 DEFINITION OF CONCEPTS Websters New World Dictionary 2004 defines elder abuse as an umbrella term used to describe one or more of the following: Physical abuse is the wilful infliction of physical pain or injury, such as slapping, bruising, sexually molesting, or restraining. Sexual abuse is the infliction of non-consensual sexual contact of any kind. Emotional or psychological abuse is the infliction of mental or emotional anguish, such as humiliating, intimidating, or threatening speech and gestures. Financial or material exploitation is the improper act or process of an individual, using the resources of an older person, without his/her consent, for someone else’s benefit. Neglect is the failure of a caretaker to provide goods or services necessary to avoid physical harm, mental anguish or mental illness, such as abandonment, denial of food or health-related services. Self-neglect is characterised as the behaviour of an elderly person that threatens his/her own health or safety. O’Malley (2006:98) sought to place abuse and neglect within the wider context of inadequate care, defining it as “The wilful infliction of physical pain... mental anguish... or deprivation by a carer of services which are necessary to the maintenance of mental and physical health”. But Hudson (1991:57) maintained that the label of abuse could only be applied if it was clear that the carer or the caregiver intended to harm. According to them, O’Malley’s definition excluded independent older people who could also be victims of abuse. Bennett and Kingston ask: What about the carer who inflicts pain, but has no wilful intent (perhaps because of lack of caring skills)? An interesting argument comes from Pillemer and Wolf (2002:212), who see a tauto- logical problem in attempting to use the word “abuse” to define itself. Even though forms of abuse are distinguished, neglect and abuse are basically defined as neglect and abuse. These two authors prefer the term “elder mistreatment”. Other researchers define elder abuse as the physical, sexual, or emotional abuse of an elderly person, usually one who is disabled or frail (Heap, 2008:15). 3.13 ELDER ABUSE IN SOUTH AFRICA In 1987 the term “abuse and neglect of the elderly” was used to describe situations in which individuals over the age of 65 experienced battering, verbal abuse, exploita- tion, denial of rights, forced confinement, neglected medical needs or other types of personal harm, usually at the hands of someone who was responsible for help them in their daily activities. By 1993 neglect and abuse of old people was no longer denied and there was an attempt to find out why it happened. Bennett called abuse “another iceberg phenomenon” and complained that definitions of it lacked clarity and precision. This was because investigators approached the abuse from various perspectives: the victim, the carer, the physician, the nurse, the agency, the social worker, and social policy. CMY3705/1 23 3.14 THE ELDERLY AS VICTIMS IN SOUTH AFRICA The 1968 Aged Persons Act was introduced in South Africa to regulate the running and functioning of homes for elderly white people. It was intended to address the exploitation and unjust treatment of aged persons in homes run for profit. The Act stated that homes had to be registered, that standards of care laid down had to be met and inspections were carried out to ensure standards were maintained (Assembly debates 21 April 1967 – 4639). Following this Act there was an explosion of homes for elderly white people. In succeeding years the focus on protection and inspection, even for white elderly in homes, seems to have been sidelined. In 1981 The SA Council for the Aged spoke out against abuse of the elderly and held seminars throughout country (Eackley & Vilakazi, 1995). In 1992 the organisation Friends of abused frail elderly in homes was formed. A workshop on malpractices and mistreatment of residents of homes for the aged that year concluded that a distinction can be made between mistreatment (verbal, neglect, financial and over-medication) and abuse (physical, psychological, sexual, theft). SACA adopted a Declaration on the Rights of Elderly in 1993 and started to negotiate for an ombudsman. In their study Eckley and Vilakazi (1995) found a correlation between the number of reported incidents of abuse and advanced age, as well as the greater number of aged females than males. They maintain that white elderly prefer to live apart from families, whereas black elderly choose or are forced to live with their children. They quote a national survey in which more than 80% of black elderly said they experienced serious problems due to lack of basic health care, conveniences and over-crowding. “In communities with high levels of unemployment (and consequent poverty) heavy demands and pressure are placed on the elderly who receive social pensions.” The August 1, 1995 “You” Magazine carried an article on abuse in white old age homes in Cape Town. The article was about a voluntary group called the Concerned Friends of the Frail and Aged. Over a period of two years the CFFA received 300 complaints from people mistreated in old age homes. Focus on Elderly Abuse was set up in Cape Town with the object of exposing conditions in homes and lobbying for improved policies and practices. In 1999, the International Year for Older Persons, the Health Department issued a report on the Abuse of Elderly, quoting an opinion survey based on questionnaires sent to organisations dealing with elderly. No age or race breakdowns were given. Of the responses, 69% had heard of abuse, 32% reported ill-treatment, 37% knew of emotional or psychological abuse, 36% of financial abuse, 11% of general maltreat- ment. Sexual abuse was not mentioned. Elderly respondents considered financial abuse the most important form: it included theft of pensions and being made to work for children without payment. A breakdown of abusers was: 55% grandchildren, 16% children, 20% husband/wife, 4% caregivers. The most common strategies proposed to address abuse were that the Government should enforce laws to protect the elderly, monitor abuse, educate the community to respect and care for the elderly and educate the elderly on their rights and the importance of reporting abuse. (Smaller numbers mentioned community facilities, life-line and pension security.) In March 2000 Keikelame and Ferreira (2002) published a report on Elder Abuse in black townships on the Cape Flats. Their research was based on focus groups of elderly people in three townships. They claimed their study was the first to investigate actual elder abuse and they pointed out that the government’s national strategy to prevent abuse was not based on any concrete local evidence. They found that more 24 LEARNING UNIT 3: Domestic violence instances of emotional/verbal than physical abuse were reported and that this was linked with accusations of witchcraft. Instances of sexual abuse outnumbered all other types of abuse. Systemic abuse was also referred to and included bad treatment at clinics, pay points and offices. In accounting for this some respondents blamed the government’s marginalisation of old people. Generally groups felt the government had an important role in address- ing the problem. Some favoured refuges for abused old people, but others were not happy with what was seen as contrary to tradition. Some blamed unemployment and increasing alcoholism and drugs. There was disappointment with the reluctance of social workers, the police and street committees to act on reports of elder abuse. Disappointment was also expressed with the new government for which they had fought. They wanted a stronger stance on crime and more concern for the welfare of older people. Keikelame and Ferreira (2002) saw elder abuse as part of endemic domestic violence, with contributory factors being the weakening of family structures and urbanisation. They also talk of “the demise of social welfare and the collapse of formal support structures following reprioritisation”. The study of race and ethnicity in relation to old age abuse is still at a very early stage. Eastman states that there are two hypotheses regarding the interaction of ethnic/racial minority status and old age abuse. The first is that ageing somehow diminishes the strength of the adverse racial/ethnic factors and the risk of abuse is consequently decreased. The second is that elderly people in black areas are at an increased risk and are in “triple jeopardy” due to discrimination and poor health and social status, compounded by lack of access to services. CMY3705/1 25 4 LEARNING UNIT 4 4 Children as vulnerable victims 4 OVERVIEW In this unit we shall be examining what makes children vulnerable victims of crime and the different forms of abuse children can be exposed to when neglected and/or abandoned by adults. 4.1 SEXUAL EXPLOITATION OF CHILDREN 4.1.1 Commercial sexual exploitation Commercial sexual exploitation can be defined as children, both male and female, who engage in sexual activities for money, profit or any other consideration as a re- sult of the coercion or influence of an adult syndicate or group. The profit may either go to the child or to a third party involved in the transaction (http://www.unicef. org/uk.campaigns/campaign). Visit the following internet links for further information on the content sections in this learning unit: http://en.wikipedia.org/wiki/Child_sex_tourism http://en.wikipedia.org/wiki/Sex_tourism http://en.wikipedia.org/wiki/Prostitution_of_children http://en.wikipedia.org/wiki/Commercial_sexual_exploitation_of_children http://en.wikipedia.org/wiki/Sex_trafficking_of_women_and_children_in_Thailand Many trafficked children are destined for sex work. But many other children who have not been trafficked are also sexually abused for commercial gain: at least 97 countries have reported cases of the commercial sexual exploitation of children. It will always be difficult to say how many children are involved. This is a clandestine and criminal activity and, given their intense feeling of shame, most children never report the abuse. The last recorded estimates indicate that as many as two million children, mainly girls but also a significant number of boys are sexually exploited in the multi-billion dollar commercial sex trade each year. At any time, therefore, several million children will be engaged in sex work. In Southeast Asia alone, it is thought that one million children are involved. 4.1.2 Children in the sex industry Although many children are forced to enter the sex industry, others are driven to it out of economic necessity, attracted by the high incomes they can earn. In Viet Nam, for example, children working as prostitutes in central Hanoi can earn £630 (US$1 000) per month, when the average monthly wage is £15 (US$25). 26 LEARNING UNIT 4: Children as vulnerable victims The sex industry, for both adults and children, comes in many different forms, some organised, some more casual. At the more formal end of the spectrum, sex is spe- cifically traded as a commodity – bought and sold through brothels and bars, for example, or in the form of pornographic images. Children may also work independently, offering themselves for cash, as do many of the 10 000 to 15 000 boys selling themselves to sex tourists on the beaches of Sri Lanka. But the sex trade can also take on more indirect forms – looser arrangements where the children offer adults a range of services, some sexual, some not, in exchange for food or clothing, or shelter or some kind of protection. There can also be rela- tionships that are not overtly commercial, where adults – parents, teachers, priests or youth workers – who have some authority over children may also offer gifts to encourage them to keep quiet about abuse. The dividing lines between commercial and non-commercial exploitation are thus hard to draw. But at its heart, it is an ex- ploitative relationship where adults use their superior power, physical or financial, to ensure that children comply with their sexual demands. 4.1.3 Working conditions

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