Government considers new domestic violence measures
New legislative measures to tackle domestic abuse are under consideration by the Ministry of Justice in the midst of a surge in domestic violence protection orders.
Kim Wilkerson, the Attorney-General and Minister of Justice, told the Senate that in 2022, 91 DVPOs were issued, while another 80 were ordered last year.
However, by the end of November this year’s numbers had already reached 140 — 75 per cent more than the entirety of 2023.
“The Department of Public Prosecutions has indicated that approximately one third of their cases involves domestic violence,” Ms Wilkerson said.
“While these reports are only a portion of the overall problem, they are a clear indication that many people in our community are suffering in silence.
“While we may not always see the full extent of the problem, behind closed doors, countless lives are disrupted by violence, fear and trauma.
“Children are often the silent victims of domestic violence and the impact on their lives can be profound.
“Growing up in an environment where abuse is present can shape their view of relationships, instil fear and leave emotional scars that may persist into adulthood.”
While Ms Wilkerson said the Government has already announced the launch of a domestic violence court programme, to start in January, she highlighted several other measures that were under consideration.
She told the Senate that the ministry was contemplating legislation to introduce police-initiated DVPOs, which would allow police officers to apply for protection orders on behalf of survivors.
“This process will streamline the application and enforcement of protection orders, ensuring that timely intervention can be made in dangerous situations, even before a case reaches the court,” Ms Wilkerson said.
She said the Government was also looking at introducing evidence-based prosecutions for domestic violence to lessen the reliance on survivor testimony.
“Requiring a victim to testify in court can lead to further trauma,” Ms Wilkerson said. “In some instances, victims may fear retribution or may be unable to appear due to their circumstances.
“By implementing evidence-based prosecutions, we can alleviate these burdens and pursue justice more effectively.
“Allowing prosecutors to rely on witness statements, police reports, medical evidence and other documentation, we can ensure that perpetrators are held accountable without subjecting survivors to further emotional distress.”
Ms Wilkerson added that a version of Clare’s Law — which allows individuals to inquire about their partner’s domestic violence history and allows police to proactively warn potential victims about their partner’s abusive history — was also being considered.
Clare's Law, launched in Britain in 2014, was named after Clare Wood, a woman murdered by a former domestic partner whom the police knew had a history of violence.
“The aim is to prevent further harm by providing individuals with the knowledge they need to protect themselves and by empowering the community with resources to intervene before violence escalates,” the minister said.
She told senators that the launch of the domestic violence court next month will mark a turning point in how the issue is addressed in Bermuda, with the goal of resolving cases faster and offering greater support to victims.
“A key feature of the domestic violence court will be the implementation of DVPOs in a timelier manner,” Ms Wilkerson said.
“This means that victims will no longer have to wait for prolonged periods before gaining protection from the court.
“This bodes well with best practices to ensure that these orders are issued immediately to safeguard survivors.
“The court will also have the authority to impose strict conditions on perpetrators, including no-contact orders and restrictions on access to the home.”
She said that sentencing guidelines for perpetrators would be reviewed, with exploration of specialised rehabilitation programmes to address the root causes of the offences.
“For those who commit the most severe acts of violence, we will ensure that they face appropriate criminal penalties, with no leniency for repeat offenders,” Ms Wilkerson added.
“This new programme will seek to strengthen existing legislation to ensure that perpetrators who violate protection orders face immediate legal consequences, including arrest and detention.
“Our goal is not only to protect survivors but to deter future violence through the consistent application of justice.”
Ms Wilkerson emphasised the need for a collaborative, multi-agency approach to domestic violence and said that the court must be supported with programmes for perpetrators, their victims and the children who find themselves caught in the middle.
“I want to reassure every person who has been affected by domestic violence that we hear you, we see you and we are committed to providing the legal protection, support and justice you deserve,” she said.
“The domestic violence court programme is not only a court for the victims — it is a court that stands firmly in support of a safer, more just Bermuda for all.”