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Justice should deal with abusive partners

feel able to speak about their torment. Reporter Karen Smith talks to experts who believe penalties should reflect the seriousness of their crimes.

Sentences dished out to convicted domestic abusers should be greater if Bermuda is to get a handle on the problem, experts have claimed.

Counsellors who provide support for victims of physical violence said too often they are disappointed that attackers have been treated lightly by the courts.

Penny Dill, Chairwoman of The Women's Resource Centre, said judges and magistrates should not treat incidents of domestic abuse any differently to any other kind of attack.

She said: "I think cases of domestic abuse should not be treated any less seriously than ordinary incidents of violence, yet they are often viewed very differently by the courts.

"We see a lot of cases going through the Magistrates' Court, rather than the Supreme Court, so the sentences that are given are much lower.

"Then there are the times when just probation orders and fines are given as punishment.

"We would certainly champion greater sentences that reflect the violence of the cases.'' She cited a case earlier this summer where a man was put on probation for a year after breaking the door down to his ex-wife's home, before sexually assaulting her at knife point during a five-hour ordeal.

Ms Dill said: "Whether he was her ex-husband or not, nobody should be allowed to break the door down to a house and then assault them. In my view, that punishment was serious enough.'' Counsellor at The Physical Abuse Centre Nina Jones said it was common for people to receive just a fine after appearing in court for abusing their partners.

But she said an attack on the street against a stranger would probably receive a greater punishment, even though the injuries could be the same.

She said: "It's very rare that people go to prison for something like this.

It's normally a fine or probationary period.

"The punishment should definitely be harsher. People need to realise the serious consequences for their actions, and at the moment, too often the consequences are not harsh enough to stop people from hitting out.'' But she said it was not just the courts that need to change their ways, but society, and more importantly individuals, that did not view domestic abuse as seriously as they should.

"Society in general needs to change its perception and realise that violence within the home, to a partner, is a crime. It is not any less serious than violence on the street, in a bar, or between strangers. People must be protected from it.'' The Royal Gazette reported last week how The Physical Abuse Centre wanted to introduce a new scheme, through legislation, where by people convicted of domestic abuse had to undergo a six-month treatment programme, or face going to jail.

Either way, the centre hoped that by developing the scheme they would be reducing the numbers of people in society who regularly abused by putting them behind bars or treating the disorder.

But one female victim of domestic abuse contacted The Royal Gazette to say more also had to be done to protect the children caught up in abusive families.

Tricia, not her real name, left her husband after years of being battered because she said she no longer wanted her son to witness what was happening.

She said she had custody of the child, but was concerned that he now saw his father beating up his new girlfriend.

She said: "He obviously sees his father, but I believe that my ex-husband has now taken to beating up the woman that he lives with. All the signs are there, just like they were with me, and my son must be seeing that.

"I would like my son to have supervised visits with his father, but I never prosecuted over the abuse, so I don't think I have anywhere to turn.'' Ms Dill, from the resource centre, said there was certainly grounds for Tricia to seek legal advice over the custody arrangements of her child.

Chief Justice Austin Ward said he did not wish to comment on the way the courts handled cases of domestic abuse and Senior Magistrate Archie Warner did not reply to calls made by The Royal Gazette .

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