Challenges faced by victims of Sexual and Gender-Based Violence; recommendations for reform

Attorney-at-Law Jerusha Crosette Thambaiah is interviewed by Attorney-at-Law Khyati Wickramanayake as part of the broader advocacy initiative on Sexual and Gender-Based Violence (SGBV), by the Centre for Equality and Justice. Visit the FB page ‘Labyrinth’ for further information. Following are excerpts: 

Q: In your practice as a lawyer, what are some of the trends you see taking place with the incidence of Sexual and Gender Based Violence (SGBV)?

The rates of SGBV have always been high in Sri Lanka, but there have been some notable trends since the beginning of the COVID-19 lockdowns. The numbers of domestic violence cases have risen; stemming from domestic partners being stuck in close proximity, frustrations arising from the loss of employment and due to drug addiction, etc. Online SGBV is also on the rise as couples are increasingly involved in relationships online and there was a sharp upward trend in intimate pictures and videos being shared publicly as revenge. 

Q:  Many SGBV victim survivors are reluctant to seek Police assistance as they feel the system doesn’t work in their favour; what can be done about this?

 Police officers need gender sensitivity training to understand and deal with SGBV. The Police complaint is the backbone of a case so it has to be recorded accurately, and for this, the environment within the Police must be welcoming. Some officers encourage victims to reconcile with the abuser and are hesitant to get law enforcement involved in private family matters, despite the harm it has on the victim and sometimes the children too. There are Women and Children’s desks with female officers at almost all stations, and some officers work tirelessly to protect victims of SGBV, but we need more training so that people feel safe and welcomed to enter a Police station and making complaints, without assistance. 

Q:  What changes would you suggest be made to the legal system to help victim survivors of domestic violence?

We need law reforms, procedural change and to better utilise existing laws. The present law was a major win when it was introduced, and has protected several victims with its wide scope for Protection Orders. However, a few things need reform; for example, mandatory counselling can put the victim in more harm if they meet the abuser before they are ready to. 

Domestic violence is not a standalone ground for divorce at present and there is so much cultural focus on the importance of marriage, but not on a ‘good’ marriage. The Act has a list of Sub-Orders that can be made, including for maintenance, so if used creatively and to its fullest extent victims can benefit greatly. 

Q:  What can be done to deal with the increasing rates of Online SGBV?

We need law reforms to deal with this problem as the current laws are insufficient and antiquated. For example, when a person’s ‘selfies’ are circulated online without their consent, charges can even be filed against the victim for taking the picture, really showing how unsuited our laws are for modern times. The Police also need IT training to better understand and investigate these offences. However, app creators too must bear some of the responsibility and integrate safety into app design. 

Additionally, it is important to spread awareness on online safety and the potential dangers. Lots of women are showing courage and coming forward and some police stations handle these complaints adequately which is a trend in the right direction. 

Q:  Are there any changes needed within the legal system that can help Victim Survivors of SGBV?

 We need law reforms, both to substantive criminal law, and procedural laws. Delays are one of the biggest problems and when cases drag on for years, victims have to regularly relive their trauma, making it difficult to move on with their lives. Separate courts to hear cases of SGBV will help expedite things. Gender sensitivity training for judges, lawyers and court staff will also be useful. 

For instance, court staff sometimes don’t appreciate the importance of treating matters of domestic violence with urgency, which can put the victim in further danger. Where there is already a heavy burden on a victim when proving their case, it is important that more medico-legal experts are trained and with better resources available, accurate medical evidence can lead to more convictions and thereby a reduction in these offences. 

Q:  Are there any other resources that need to be improved or developed to help victim survivors?

There must be easily accessible hotlines, like the 119 and 1938 hotlines, but they must be operated efficiently. Due to financial dependence, victims escaping abusers may not have anywhere to go, so it is important that safe shelters are available. At present little to no psychosocial assistance is given to victims, and steps must be taken to provide this around the country to help deal with trauma. The proper implementation of the Victims and Witness Protection Act can also go a long way in helping victims. They should also be able to access a lawyer who can assist them in the complaint procedure. 

Even when there are well-meaning officers in law enforcement, they are overburdened, so it is important that the State provides them with sufficient resources to do their job. Further, the general public must be made aware of what organisations they can access for help, to encourage them to seek assistance. 

Q:  What can be done to reduce the cases of SGBV that take place?

 Victim survivors must be empowered to speak up against SGBV; when abusers realise their actions will carry consequences, the rates of abuse will decrease. Measures must also be put in place to reduce repeat offenders; perpetrators must not only face penalties but there must be an increased focus on rehabilitation. Often, even when they want to, abusers don’t know how to change their behaviour, such as in the case of drug addicts. Further, a list of persons convicted for SGBV should be maintained by the Police, so that measures can be taken to prevent reoffending. 

In some ways, sexual harassment has become normalised in Sri Lanka; the high rates of harassment on the street and in public transport is evidence of this. Children must be taught that their actions have consequences from a young age. We must create a culture where people take pride in empathy, in defending victims, and in standing by them. Being an abuser must never be celebrated, it should carry very real penal consequences.