DOMESTIC VIOLENCE: INPUT SOUGHT ON SALRC DISCUSSION PAPER

DOMESTIC VIOLENCE: INPUT SOUGHT ON SALRC DISCUSSION PAPER

• 07 August 2023
• Justice & Constitutional Development
• SA Legal Academy

The South African Law Reform Commission has called for input by 30 October 2023 on a discussion paper entitled, ‘Domestic violence: A criminal law response’. It follows and is informed by comments on an issue paper released in December 2021.

According to the accompanying media statement, ‘the Commission is of the preliminary view that it continues to be in the best interest of an adult survivor of domestic violence (who is not elderly or disabled) to be able to choose whether to engage a civil or criminal remedy, together or separately, or not at all’. In that context, the discussion paper ‘highlights the necessity of prevention or early intervention, particularly in respect of certain acts of domestic violence’.

This is noting that ‘domestic violence is primarily a social problem and that femicide is predictable and preventable as it is seldom the first act of violence, but instead the final act in a process of chronic domestic violence’.

Recognising recent amendments to the sentencing regime, the Commission’s provisional view is that:

• the sentencing of domestic violence offenders ‘should be properly informed by the impact on the victim of domestic violence through detailed victim impact statements’
• ‘appropriate consideration should be given to relevant aggravating factors’ and that
• the possibility of alternatives to sentencing should be considered, including ‘interventions for the offender, and where suitable, both the victim and offender’.

Please click the links below for more information:

• discussion paper
• media statement, with summary

Published by SA Legal Academy Policy Watch

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