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`Quincy model' could be introduced

Adopting the Quincy Model to combat domestic violence would require radical law changes and a big budget.

But Bermuda's lawmakers are considering it, it emerged at a national conference on violence yesterday.

The innovative model results in prosecution of a batterer even if the victim refuses to testify.

It also provides for an on-call judge to issue a restraining order at any hour. And it allows for immediate arrest of a batterer whether or not there has been serious injury.

Norfolk County, Massachusetts District Attorney and legal counsel to the Quincy Police, Mr. William Delahunt, told the conference he and assistant DA for domestic violence Mrs. Marianne Hinkle had met this week with Government officials and the Attorney General to discuss the model.

"I was really excited and encouraged by the meeting,'' Mr. Delahunt said. But he said Bermuda's Probation Services, women's shelters, the Attorney General's chambers and the Police Force would have to be expanded if the model was adopted.

And the community would have to recognise that "battery is a crime, not a family problem'', Mrs. Hinkle said.

"Three or four prosecutors on this Island is insufficient,'' Mr. Delahunt said. "And your Police department requires more resources.

"Spend the money now. If you don't you are going to lose. We all are familiar with the violent episodes in the islands of the Caribbean. American tourists stayed home right in our own US Virgin Islands.'' The Quincy Model requires a full counselling programme for battered men, the experts said.

It also calls for specially trained domestic violence prosecutors, a large-enough shelter for battered women and specially trained Police officers to lead domestic violence investigations "because some have different attitudes about the issue''.

Police Insp. Vic Richmond said there would also have to be major changes to the Criminal Code.

"A Police officer has no power to arrest in an assault unless it is a serious felony case -- wounding with intent to do grievous bodily harm -- causing actual physical harm,'' he said.

"In the event of simple wounding using a knife or causing grievous bodily harm without intent -- a black eye and bruises say -- we have no powers of arrest.'' Mr. Delahunt agreed immediate arrest of the batterer was "key to making the model work''.

It defuses the situation, shows the victim someone cares, and the offender that he has committed a serious offence.

"The model takes the focus off `why is she staying with him and taking it', to why does he batter her,'' Mr. Delahunt said.

Mrs. Hinkle noted her state's laws had to be changed for the model to be adopted since most domestic violence cases were also previously considered misdemeanours.

Laws also had to be changed to allow for immediate arrest for defiance of any type of restraining order, she said.

Mrs. Hinkle added her state's laws had been changed so that now 95 percent of the restraining orders issued included "vacate orders'', meaning the man must leave the couple's home.

The two US experts noted the Quincy Model had resulted in their county having just one domestic homicide in the last decade.

They stressed that domestic violence was directly related to violence in the home.

"The violent family is the breeding ground for crime of all kinds,'' Mr.

Delahunt said. "The 2,000 odd children in Bermuda who are witnesses to domestic violence are your future criminals.

"Those 2,000 will be attacking the tourists...and that will have serious consequences for this island nation. It is a lot cheaper to provide the resources now.''