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The Forum > Article Comments > Tougher penalties needed for domestic violence perpetrators > Comments

Tougher penalties needed for domestic violence perpetrators : Comments

By Cassandra Pullos, published 18/11/2016

Domestic violence has become such a scourge in the community, our lawmakers must impose tougher penalties for DV offenders.

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I suggest you return the Code of Hammurabi...
Posted by robi87, Tuesday, 22 November 2016 8:55:02 PM
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(sigh) Do I have to be Cicero or someone nailing down offences which Blind Freddy (including the Blind Freddies on the bench) couldn't avoid noticing is a physical assault, embodying physical aggression.

Violent assault doesn't mean striking back in a violent fracas between violent people. It means initiating violence. If it's domestic violence it means violent assault in a domestic situation. It means physical aggression in response to real or perceived injustices which are not physically violent. It means a basher invading personal space from which the victim wishes to exclude the basher.

All this is plainly obvious, and weasel words from basher sympathisers can't change violent aggression into something else or something that is not violent assault into violent assault.

I agree with people (even Eric Abetz!) who want harsh punishment for all bashers who commit physical aggression in any circumstances whether domestic or not and especially harsh punishment for home invaders or anyone else assaulting a victim in his or her home.
Posted by EmperorJulian, Tuesday, 22 November 2016 9:18:42 PM
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We've managed to change the law on marital rape and workplace sexual harrassment, so why can't the DV laws be changed as well?

Both these crimes were once sacrosanct - their victims just had to accept that what was done to them was just 'the way things are'.

But now, the perpetrators know that they could face criminal prosecution.

DV perpetrators are not stupid. They know the law is on their side. For now ...
Posted by Killarney, Thursday, 24 November 2016 4:55:09 AM
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Killarney, re "DV perpetrators are not stupid. They know the law is on their side. For now ..." I beg to differ.

Alleged female victims know they can get protection without the substantiation of any evidence whatsoever. Most protection orders are handed out on that basis. Its just that the courts don't want to produce statistics that clearly shows that to be the case. The court process has been devised so that alleged perpetrator is blind sided by the process.
Posted by Roscop, Thursday, 24 November 2016 9:28:18 AM
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Roscop

'Alleged female victims know they can get protection without the substantiation of any evidence whatsoever.'

That's my whole point. They DON'T. The courts pay little to no attention to obvious evidence of abuse. As for restraining orders, they are a dime a dozen in the Family Law sphere. The police are basically powerless to enforce them. Lawyers just tell their clients to observe them, but basically ignore them, because they hold no advantage in divorce and custody disputes. And, as R0bert keeps arguing, the victims are not all female.
Posted by Killarney, Friday, 25 November 2016 7:12:47 AM
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Killarney:
We have acknowledged that rape happens in marriage and it is treated as rape in the same way that all other rapes are treated. You cannot be 'more raped' because you are in a marriage. What does sexual harrassment in the workplace have to do with domestic violence? It was something that was ignored in the past and now it is dealt with as it should be. Domestic violence is not a new crime nor is non-domestic violence. Non-domestic violence is dealt with appropriately and domestic violence is treated in the same way as non-domestic violence. So what else needs to be done in terms of the approach by the the law to domestic violence? If every victim of domestic violence has the support of the law then what else do they have a right to?
Posted by phanto, Friday, 25 November 2016 7:26:51 AM
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