Dokument #1062728
IRB – Immigration and Refugee Board of Canada (Autor)
The following description of the recourse
and facilities available to victims of spousal abuse was provided
by a representative with the Legal Aid and Counselling Clinic in
St. George's, in a telephone interview (21 Feb. 1995). According to
the representative, few specific recourses are available to victims
of spousal abuse. There are no specific laws against spousal abuse
or domestic violence (ibid.). Instead, charges are brought against
a battering spouse under sections of the law dealing with assault
and battery or murder (ibid.). According to the representative, the
procedure for laying a charge requires the abused person to make a
formal complaint to the police, who then open a case and make a
report. Rarely is the accused offender detained, except in
incidents of serious violence. A case may take as long as six
months before it is brought to court (ibid.). The maximum sentence
for an assault charge is two years, according to the
representative, although lenient sentences such as a fine are often
imposed. An abused spouse can petition the High Court for an
injunction or restraining order against an accused abuser for
protective purposes. However, in practice, a restraining order
takes time to obtain, as well as requiring legal assistance, and it
is not always effective since "24 hours protection is not possible"
(ibid.). In addition, a protected person would have to show
"substantive" evidence, such as a medical certificate of injury, to
corroborate a violation of the restraining order. Threats, verbal
harassment and mental abuse would not be "substantive enough"
(ibid.).
According to the representative, domestic
violence is not considered a serious crime, but rather a social
problem, by the general public and by the police. As a result,
there is a negative social stigma attached to women who bring
complaints of abuse against their partners. Furthermore, any legal
remedy available is not frequently pursued because of costs and the
fact that women in abusive situations are often dependent on the
abusive partner for support. In addition, because spousal abuse
cases are held in open court, some women are fearful of exposing
what may seem to them to be a private matter (ibid.).
Under Grenadian law, a case is dropped by
the police if the charges are withdrawn by the complainant. The
representative said it is not uncommon for charges to be withdrawn
because the couple has reconciled, or because the abuse has stopped
and the spouse no longer wishes to pursue the original charge
(ibid.). The representative also stated that the police may be wary
of taking spousal abuse cases seriously because charges may be
withdrawn (ibid.). Limited police resources can also impede
investigation of marital abuse cases, the representative
stated.
A member of A Group of Concerned Women, a
Grenada women's organization, corroborated the report of the
representative of the Legal Aid and Counselling Clinic in a
telephone interview (21 Feb. 1995). The member, who is currently
studying the issue of violence against women in Grenada also noted
that the current law does not recognize spousal rape as a crime
(ibid.). In addition, psychological, verbal or mental abuse is
generally not seen as spousal abuse either by the law, or by the
general public (ibid.).
Both sources provided the following
information on available facilities. They stated that there are few
facilities for abused spouses. There are no shelters so it is
difficult for women to leave abusive partners unless they can stay
with friends or relatives. Furthermore, women who are dependent on
their partners for financial support and that of their children,
usually cannot afford to leave. Legal aid and counselling is
available, but resources are limited, the two sources stated. Legal
aid is provided for those earning less than 4 000 EC dollars
annually. A telephone hotline had to disband last year when funding
ran out, according to the member of the women's group.
This response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum.
A Group of Concerned Women, St.
George's. 21 February 1995. Telephone interview with
representative.
Legal Aid and Counselling Clinic, St.
George's. 21 February 1995. Telephone interview with
representative.