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Society
Hope for Battered Women
by Marlinelza B. de Oliveira
On November
10, 2006, 40 passengers on a bus were held hostage for more than 10
hours by Andr� Luiz Ribeiro, 35. Andr� had a gun pointed to the head of
his ex-wife, Cristina Ribeiro, 36. He also punched her on her head and
face, and pulled her hair. The torment ended when the police stormed the
bus, freed the other passengers and held Andre.
Andre and Cristina were divorced seven months earlier. She had lodged
three complaints against Andre for his violent behavior - for
aggression; for unlawful confinement; for coercion. But all to no avail.
The police did not act on her complaints.
"I went to the police station 15 times. They said that I had to wait to
be called to depose my case. In the first hearing, they forgot to send
him the summons. I was crying, and I asked the policemen if they could
do something to protect me. They said they could, but they did not do
anything about it," says Cristina.
The plight of women like Cristina is likely to end because the Brazilian
government has brought in a new law to help women facing abusive men in
their lives. On September 22, 2006, the new law - Domestic and Family
Violence against Women - came into effect. It provides specifically
against violence committed in a marriage. There was no legal protection
against domestic violence in Brazil until this law came into existence.
Earlier, acts of domestic and family violence were considered "less than
offensive crime" and tried by special criminal courts, which also tried
fights between neighbors, street fights and car accidents. The
punishment in these cases was mainly in the form of penalties. The
period of detention was short, between six months and a year.
The new law defines forms of domestic violence in greater detail, and
distinguishes between the various forms: physical, psychological,
sexual, patrimonial and moral, and it allows aggressors to be arrested
for such acts. It also provides for preventive custody.
The new law mandates that these crimes be now tried by the Special Court
for Domestic and Family Violence against Women, which will be created by
the Justice Court of Brazilian States and the Distrito Federal in the
capital of the country.
"It is a complete law, which includes preventive measures, assistance
and protection. The new law also foresees training for all the
professionals who work in this area (policemen, firemen and judiciary)
besides educational campaigns in schools and in society," explains
lawyer Gleide Selma da Hora, 49, executive coordinator of an advocacy
group, Advocacia Cidad� Pelos Direitos Humanos (Citizen Advocacy for
Human Rights).
The new law also eliminates monetary penalties. In case of detention,
the terms have trebled, ranging from three months to three years. Also,
the complainant now needs only to make the charge before a judge.
Earlier, it was common for the victim to drop charges in the police
station, fearing the aggressor's reprisal.
"I lodged the complaint twice. The first time he promised to seek help
and to change his behavior, and he asked me to drop the charge. Two
weeks later, he was back to beating me. I lodged the complaint once
again, and I didn't give up this time," says Elis'ngela (not her real
name), 28. She was married to an Air Force officer for four years. He
began to abuse her physically in the first month of marriage itself
Elis'ngela is now undergoing treatment at the Centro Integrado de
Atendimento Mulher (CIAM) - Women's Assistance Centre - an organ linked
to the government of the state of Rio de Janeiro. It offers free
assistance for battered women. Since its creation in 2001, CIAM has
already registered 12.328 cases.
"I left my house with only the clothes I was wearing. The professionals
of CIAM took me to the State Public Defense Agency and in a month's time
I got the divorce. Now he doesn't chase me anymore because he is afraid
of going to prison. I'm taking classes in dance, studying and working.
He was the first man to beat me and also the last. I feel strong. Time
will heal me, I am young and I can start my life again," says Elis'ngela.
All over the world, cases of domestic and family violence against women
are highly underreported, either due to fear of reprisal or to the shame
in exposing events that take place inside a home. In spite of that, in
Brazil, it is estimated there are more than two million cases of
domestic and family violence annually, a dismal statistic based on a
2001 research by the Perseu Abramo Foundation.
The new law mandates that the judge deliver an appropriate verdict
within 48 hours. Depending on the facts of the case, the accused can be
prevented from approaching the woman and her children, or living in the
same house. The woman may also recover property and cancel a power of
attorney held by the aggressor/accused. It also provides measures of
social assistance to women, and includes them in federal, state and city
social programs. This becomes a vital measure for women who are
financially dependent on the aggressor.
Earlier, the victim wasn't informed about the course of the legal
proceedings against the aggressor. She will now be informed of every
step of the proceedings, especially with regard to the aggressor going
to prison, and the date of his release.
"The victim will also be able to have up to six months leave from work
without losing her job if there is a need to protect her physical or
psychological integrity. This is important for those who need to live in
care centers to overcome the trauma," explains da Hora.
There is also a move to create special courts with civil and criminal
jurisdiction to cover all aspects related to domestic violence, such as
separation, alimony and custody of children. It will not be necessary
for the victims to lodge complaints on each count.
When Brazilian President Luiz In'cio Lula da Silva signed the new law,
he named it Maria da Penha, in honour of the woman whose husband tried
to kill her twice in the early 1980s, leaving her permanently paralyzed.
Maria da Penha shared her experience in a book titled "Sobrevivi ...
posso contar" (I survived ... I can tell my story).
December 17,
2006
By arrangement with
Women's Feature Service
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Society
The Week of December 17, 2006
India: The Shining, The Suffering and The
Pampered by Dr. Subhash Kapila
Modus Operandi of Empires by Gaurang Bhatt, MD
China: Balancing Power Relations in South and
South-East Asia
by Col. Rahul K. Bhonsle
Special Economic Zones: Boon or Disaster? by
Ramesh Menon
Manmohan Singh's Dangerous Declaration of 2006
by V. Sundaram
Health of Nations by J. Ajithkumar
Is there non-discriminatory Rule of Law in India?
by V. Sundaram
In Their Right Minds by Linda Light
Ethnic Issue Overtakes Nepal's Class War? by
Rita Manchanda
Looking Ahead in Gujarat by Manjari Sewak
Look Who's Talking! by Manisha Parekh
World Brotherhood: Love and Peace through
Poetry by Shernaz Wadia
Science, Arts and Literature for Human Culture
by TA Ramesh
River from the Land of Mystique Spells Doom
by VK Joshi
Keeping Thyroids in Order by Fehmida Zakeer
HIV/AIDS Bill -Pushing the Legal Envelop by
Kajal Bhardwaj
Papiya Ghosh: From JS to an End by Dr. Amitabh
Mitra
Hope for Battered Women by Marlinelza B. de
Oliveira
Homework for Men by Mini Sharma
The Perversity of Periyarana by V. Sundaram
A Shadow from Past Life a Story by Manasi Dutt
Romancing the Desert by Attreyee Roy Chowdhury
A Rebel of Innocence - 3 by Ashwini Ahuja
Roads in Chennai by Glory Sasikala Franklin
My God, What Have You Done! by Dhiraj
Bhimji Raniga
Sensationalism and the Media by Rajesh Talwar
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