The wave of domestic violence in all its forms sweeping across
our country is disturbing and a source of serious concern to many
people. Personal safety within family framework can no longer be taken
for granted. Most victims of domestic violence are left to suffer in
vain, sometimes killed, seriously injured or permanently disabled.
Ordinarily, domestic violence is that kind of violence that happens
between family members in the home or during relationship between couple
or would-be-couples.
Victim of battery Usually, response by
neighbours, security agencies like police, even family members are not
swift or sharp before any damage is done to either of the feuding
parties, most likely the women (wives).
There is no symbolic support for the victim from the immediate
environment or neighbourhood. But the world is changing, so also should
be our feelings of security. It’s not enough to say the man or husband
is callous, wicked who likes to turn the woman into a punching bag. It
is also helpful to ask what is it that drove him to such brutality?
There
was a recent case of a young man who battered his banker-wife to death
barely few months after a high society marriage in Lagos. The sympathy
of all civilised and decent people must go to the victims of these
atrocities. However, these attacks could be reminder that others in
several parts of this country having strained relationships with their
spouses are not immuned from such acts of brutality and inhumanity.
Our
people should learn to take active part in the protection of neigbours
and not be complacent, claiming that they don;’t want to interfere in
the private affairs of others
Barrister M.O. Aminah, said that
domestic violence falls within civil offence under the law of tort when
you cause bodily harm to your neighbour. She explained that battered
women and children are people who have been violently attacked by their
husbands or fathers.
“Assault is attacking somebody in a violent
way. But battery is different from assault which is about beating one’s
spouse. Whether battery or assault, a victim can seek redress in both
criminal and civil actions. Criminal prosecution can be taken against
people who violently attack their wives. Civil action can also be
instituted for damages suffered as a result of battery. But one process
must finish before starting the other,” she said.
On the causes of
domestic violence: The causes are several. These include high
temperament of the husband or the wife as the case may be, lack of
understanding between the couple, lack of tolerance, incompatibility of
the spouses, stress from work and even the daily chores of life.
Once
these factors are present in the relationship and in the marriage,
there is tendency for friction that can lead to violent attacks.
Psychological reasons also can be attributed. When a spouse is suffering
from dementia, his or her behaviour will not be stable. Quarrels can
also cause fight in the home.
On the frequency of domestic
violence: “It has become very rampant in the country. I know that cases
are brought to the police stations almost daily. But the police always
reluctant to treat such cases.
They will ask the couples to return
home and settle their differences. Often police regards domestic
violence cases as civil matters, and don’t want to be involved.
What about punishment for offenders?
This
is quite dicey. Because the couples are seen as one. But where there
are reasonable grounds for divorce when civil actions are brought by
either the wife or husband, the court may consider such grounds and
grant divorce.
Most victims of domestic violence preferred
judicial separation at least to save themselves from further bodily
harm, injury and even death
Others notwithstanding the danger
inherent in continuing with the hostile and harmful marriage when it
seemed to have completely broken down, would still want to save the
union for the sake of their children.
Investigation showed that,
to a large extent, our culture does not frown against wife battering and
some wives have become used to violent attacks by their husbands
Many women have come to accept physical violence as the side effect of African marriage.
The
more their husbands beat them, the more they become sexually aroused
and submissive. It is only in western societies that women can walk our
of marriage because of wife battery. In Africa including Nigeria where
the culture of violence against women has thrived over the centuries,
wives are obliged to hold to their marital vows to remain till death
separates the couple. Infidelity is not tolerated and could lead to
death of the woman who commits adultery especially of marriages
contracted under native law and customs.
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