Minimum 5 years in jail for domestic violence offenders

News that matter in Papua New Guinea

Minimum 5 years in jail for domestic violence offenders

PORT MORESBY: Papua New Guinea (PNG) has approved its Family Protection (Amendments) Bill 2022 so that people convicted for domestic violence are slapped with heavier penalties.

A feature of the amended law is the inclusion of an aggravated domestic violence” offence which carries a minimum sentence of five years in prison.

Details of the tougher stance on domestic violence were reported by The National:

 

Tougher stance on domestic violence

January 21, 2022The NationalMain Stories

By MIRIAM ZARRIGA
PEOPLE convicted of domestic violence charges will face tougher penalties, following Parliament’s approval of the Family Protection (Amendment) Bill 2022.
A feature of the amended law is the inclusion of an “aggravated domestic violence” offence, which carries a minimum penalty of five years in prison.
Aggravated domestic violence includes cases in relation to:

• A PERSON under 18 years of age;
• A PERSON with special needs or living with disability;
• A WOMAN who is pregnant;
• A PERSON incapable of resisting.
• A WOMAN who is pregnant; and,
• A PERSON incapable of resisting.

The offence also includes the use of a dangerous weapon or instrument in a domestic violence, or the perpetrator being under the influence of a drug or alcohol, or the offence becoming repetitive.
It also includes an act of domestic violence in the presence of a person under 18 years of age.
Justice Minister Bryan Kramer told Parliament that a law was needed “that criminalises domestic violence and affords protection for victims of domestic violence”.
“This will be done through court-ordered family protection orders with conditions to enforce when there is a breach of the order granted by the court,” he said.
The amended law on domestic violence includes:

• AN increase in penalty with a fine of K1,000 and a minimal two years;
• APPOINTMENT of persons in communities authorised to issue urgent protection notice in urgent circumstances; and,
• CRIMINALISING those obstructing and threatening service providers.

“I would like to stress that the State can intervene and do only so much, however, there are many facets of this issue that need to be critically investigated to arrest the problem,” Kramer said.
“We need the academia and practitioners to research and understand the underlying root of the problem in the PNG context.
“We can legislate, increase penalties, include new solutions in law, but that is not the only solution to addressing domestic violence.
“These are just bandages to the wound.
“There is a need for leadership in changing this vicious cycle of violence.
“I challenge leaders in Parliament and those who have leadership and influential roles in families and communities to intervene and adopt better ways to arrest the issue of domestic violence and look at preventive measures.”
Parliament amended the Family Protection (amendment) Bill 2022 which now has become a law that criminalises domestic violence and affords protection for victims of domestic violence.
“This will be done through court ordered family protection orders with conditions and enforce when there is a breach of the order granted by the court,” Kramer said.
This includes:

• INCREASE in penalty provisions with a fine of K1,000 and a minimal two years;
• NEW aggravated offence of domestic violence with a penalty of no less than five years and no more than seven years;
• AUTHORISED person to issue urgent protection notice in urgent circumstances; and,
• OBSTRUCTION of service provider new offence provision that criminalises the conduct of obstructing and threatening service providers.

Offenders stopped from paying compo

January 21, 2022The NationalNational

EAST Sepik Governor Allan Bird has commended Justice Minister Bryan Kramer’s efforts on doing away with offenders’ opportunity to pay compensation to escape punishment under the new Family Protection Bill 2022.
“You (offenders) will not be able to pay compensation to cover up for what you did wrong, so this is one of the bills that I am very proud to lend my voice to pass and I’m sure that our women and girls, who are mostly the victims of gender-based violence, will thank us for it,” Bird told Parliament yesterday.
“Our women and girls have been crying for many years for protection of the law in this area of domestic violence.
“They deserve all the support we can give, particularly, lately where we see all forms of violence increasing in our country.”
While debating amendments made to the Family Protection Act of 2013, Bird started by expressing his condolences to the family of Senior Constable Tony Mark, who was recently killed while promoting awareness of drug use and domestic violence.
Based on a report Bird had received from his provincial police commander, Mark was out in the community working to help women who were victims of domestic violence, which is often a result of alcoholism and drug abuse.
“I am proud that this house has seen fit to bring important amendments to this legislation so that our women and children can recognise that we do care for the sufferings they face at the hands of perpetrators,” Bird said.
“I would like to encourage members of the judiciary and police force to ensure that these amendments are fully implemented so that victims can be assured that they will get some justice.”
Kramer, when introducing the Family Protection Bill 2022, said: “The sad reality is that we only hear about a few cases through print and social media, but there are countless number of individuals who struggle in the privacy of their home. Which is why the government has heard the concerns of the people and have taken measures through the review of the Family Protection Act of 2013 to increase the penalty for offenders of gender-based violence.”