Violence in the Family

This article discusses the impact of violence in the family and incorporates case studies of children affected by it.

Family Violence is a complex criminal offence that has the seriousness of a stranger-to-stranger crime but involves a victim and perpetrator who know and care for one another. A person subject to family violence in the home is no less a victim than a person beaten on the sidewalk in front of the home. The law does not stop at the front door of the family home. Richard Magnus, Senior District Judge

Violence in the family is still seen by some as part of the ups and downs of life. In fact, some people live with it all their lives. Sadly, some don’t even know of any life without violence in the family. But this need not be so.

Family Violence and the Law

Family violence is defined under the Women’s Charter (Cap 353) as:

• wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;
• causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
• wrongfully confining or restraining a family member against his will; or
• causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member.
  

The law on family violence is spelt out in s 64 of the Women’s Charter. The amendments to the Women’s Charter in May 1997 have allowed more victims of family violence to be protected. Not just spouses, but also children, parents, siblings and other family members as deemed fit by the court.

In cases when violence occurs within the home but not between family members, parts of the Penal Code can be applied. For instance, those relating to voluntarily causing hurt, and wrongful restraint or confinement.

Programmes to Address Family Violence

The enlarged legislative powers have also provided the impetus for a closer government and community partnership in reducing family violence. The lead agencies involved are the Ministry of Community Development and Sports (‘MCDS’) and the Singapore Police Force.

Together, they co-chair a Family Violence Dialogue Group comprising key players, to play a pivotal role in developing processes and programmes, heightening public awareness and monitoring trends in family violence.

Since 1996, MCDS has also put in place a National Family Violence Networking System to integrate the management of family violence. This island-wide system links police, hospitals, social service agencies, the courts, prisons and MCDS in a web of assistance for victims and perpetrators of family violence.

Family violence can leave lasting damaging effects on victims. It is therefore important that such families receive counselling. The Mandatory Counselling Programme co-ordinated by MCDS aims to help victims recover from abuse and help perpetrators control their violent behaviour.

The Family Court refers families with personal protection orders for counselling which is provided by 45 social service agencies located island-wide.

The continuum of programmes is further enhanced by various initiatives taken by the police, courts and social service agencies such as support groups, public education programmes and training to enhance professional competency. The ‘Many Helping Hands’ approach is critical if, as a society, we want to eradicate family violence.

Impact on Victims

A survey done by the Family Court revealed that spousal violence comprised 89% of family violence cases in 1997. Some 93% of the aggressors were husbands or ex-husbands.¹ The survey also looked at the emotional state of the victims and found that the most prominent response was fear either for their lives or their children’s lives (63%).

Some 40% of the victims felt helpless, that is, they did not know who or where to turn to when abused, 29% suffered from a high level of anxiety, 23% were confused and had disconnected thoughts, 17% had low self-esteem and 11% had suicidal tendencies.

In her analysis of the family violence victims which she sees, Dr Angelina Chan of the Changi General Hospital surmised that over time the victims became confused and even conditioned into thinking that the violence was their fault.

On suicidal tendencies, Dr Chan assessed that the victims had reached a state of despair where life became meaningless and they felt themselves useless for not being able to protect themselves or their children.²

The survey findings by the Family Court are consistent with findings by researchers in the West. These studies further revealed that, apart from battered women, another group of victims adversely affected by family violence are the children caught in the cross-fire between quarrelling adults. These children are either witnesses of family violence or direct recipients of the violence themselves.

Impact on Children

The Family Court survey reported 1,183 child victims involved in 1,398 family violence cases analyzed in 1997. The majority comprised children aged 14 and below (81%). Some 68% of the children tried to intervene and 10% called the police. Those who did not do anything were either too young or too frightened.

About 55% of the children were threatened by the perpetrators and 68% actually got hurt. In terms of psychological impact, 20% showed some form of behavioural problems after witnessing the violence, 20% showed signs of violent behaviour and 5% had sleeping problems.

The children’s reactions described by the survey are also consistent with the findings of researchers made on such children in the West. A study conducted by the Massachusetts Medical Society in May 2001 revealed that ALL children, even infants and toddlers, can be affected by witnessing violence.³

Parents may not realise it but children often know when their parents are fighting. Children generally see, hear and remember more than adults think they do. Symptoms vary by age and personality, but these are some of the common reactions children might have:

• Difficulty with sleeping, poor appetite, stomach aches, headaches, nightmares, and bed-wetting.
• Becoming fearful or moody.
• Worrying about the safety of loved ones.
• Finding it hard to concentrate, learn and behave at school.
• Trouble making or keeping friends.
• Running away.
• Involvement with drugs and alcohol.

The following case studies will show that seeing and hearing the violence can hurt children in many ways.

Case Study 1

This case is about a nuclear family (parents are in their late 30s with children — John, Jack and Jill (not their real names) are seven, five and three years respectively. The perpetrator is the father who used violence against the mother and the children, especially John. The mother applied for a Personal Protection Order (‘PPO’) for herself and the children. Consequently she and her husband had to attend mandatory counselling to address their marital issues.

The father’s abusive behaviour was reported to have the following effect on the other family members:

1. All the children are afraid of him. They manifest this fear by being quiet and cautious whenever he is at home.
2. John developed a fetish for his mother’s undergarments. The mother observed that he pilfered her undergarments more often when things were bad at home. The psychologist who attended to him felt that John might have found the undergarments comforting, akin to having a security blanket.
3. Jack requested to stay with his child-care teacher. He reportedly did not want to go home out of fear of being beaten by his father.
4. At times the mother would be affected by the father’s temperament and say unpleasant words to the children.
   

From this case it can be deduced that:

1. Family violence caused both physical and psychological harm to the children. Other than damaging the father-child relationship, as evidenced from Jack’s response of not wanting to go home, the psychological damage caused by the violence range from sleep disturbances, depression, anxiety, to fixations or fetishes that could indicate the child’s feeling of insecurity and need for adult attention.
2. The violence also affected the mother’s parenting abilities and caused her to sometimes neglect and even be abusive towards her children.
   

Case Study 2

The case is about a six-year-old girl named Anne (not her real name) who is a ‘silent victim’ of family violence. As a result of the violence by Anne’s father, her mother went to a crisis shelter and placed Anne in the care of her paternal grandmother.

Anne’s mother went home a few days later after pleadings by her father. She brought Anne home too. When the abuse started again, Anne and her mother left home yet again. The two of them shuttled between home and the shelter until Anne’s mother finally decided to leave the father for good. Anne’s parents have now been separated for two years.

The violence and threats that Anne had witnessed have affected her in a negative way and this is evident even after two years have passed. Her mother is worried that Anne:

1. Has not been able to ventilate her pent-up emotions. She is often tense and quiet. Her drawings reflect darkness and chaos.
2. Has acquired some of her father’s traits. He often shouted at people to get his way. Anne might have picked up the trait and now resorts to shouting to get what she wants.
   

This case shows that, even when a child is not physically hurt, she can still be adversely affected in other ways:

1. The violence has affected her emotional growth. It caused Anne to withdraw into herself and become passive. Hence her counsellor had to engage her in activities such as group work to give her avenues to vent her feelings and relate to other people.
2. There is a serious outcome for children witnessing violence. Anne has seen and learnt from her father’s aggressive behaviour. Therapy and counselling are hence focused on helping her understand what is appropriate social behaviour with peers and authority.
   

Case Study 3

This next couple had an arranged marriage. The husband turned out to be reserved and aloof. He also had a bad temper and an abusive tongue. The wife was often hurt by his words and his silence — sometimes he would sit and stare at the walls, refusing to talk to her.

The husband admitted that he felt stressed and frustrated by his financial situation. He revealed that he had been without work for months and had been cheated by his employers. He was also frustrated on learning that his wife had fallen for another man.

Over time, his verbal abuse increased in intensity. He would control her pocket money and restrict her from mixing with relatives. However, when he started to abuse her physically and sexually, she obtained a PPO to protect herself. Shortly after that she left her home and stayed at a relative’s place, bringing her two children with her.

A strict father, he seldom talked or played with the children. He had even locked his children up for being naughty. Although he had not beaten his children, his violent behaviour had affected them. The elder child is terrified of him. She would even start shivering whenever he called her name and would try to hide herself from him, if she could.

Case Study 4

Lucy co-habited with Derek and they have two young children. Derek had been abusive towards her since they started to live together. According to Lucy, the abuses occurred over unsatisfied sexual needs, housekeeping and child-care matters.

He would beat, kick and slap the children out of frustration and anger with her. But Lucy was the main target of his brutal violence. He used a belt or stick to beat her and this resulted in Lucy suffering multiple fractures on her hands and feet, and bruises on her head, genitals, arms and face. In fact, he punched her so hard that she lost sight in one eye.

The children were both victims of the abuses as well as witnesses to the violence committed against their helpless mother. The psychological trauma that they have suffered is considerable. They have since been referred to the Ministry’s Child Protection Section for long-term care.

Lucy did not appear to be able to protect herself, let alone her children. She did not attempt to shield or defend them from being hurt and neither did she make any plan for their safety. In such situations, external intervention is necessary to save the victim and the children from harm. For instance, involving a Family Service Centre to provide case work and support for the victim.

Lucy could not apply for a PPO for herself since she was not legally married. However, she could file a civil suit against her co-habitee for causing hurt and apply for a PPO for the children (as they are Derek’s natural children). The abuser has since been sentenced to imprisonment and caning, and the children are in foster care.

Help the Victims

Family violence is an emotive and complex social problem as it involves family relationships. The victim may not want to report the perpetrator to the authorities because of financial (the perpetrator is supporting the family) or parenting issues (who to care for the children). The violence could also be due to factors such as stress, anger, problems at work, etc.

With the amendments to the Women’s Charter, emphasis is given to providing protection for the victims. Where serious injuries have been inflicted on the victims, the judiciary has made its stand clear.

In a landmark ruling, Chief Justice Yong Pung How said those who use violence to terrorise their wives and children can expect to receive very stiff jail sentences. In PP v Luan Yuanxin [2002] 2 SLR 98, involving a man who had beaten and threatened to kill his wife, CJ Yong Pung How increased the jail term from four months to three years.

In PP v Luan Yuanxin, the respondent had threatened to kill his wife with a chopper. He also tried to strangle her with copper wire. The acts were committed in front of their eight-year-old daughter.

CJ Yong said:

Violent acts such as these are particularly heinous when they are committed within the confines of a familial relationship as they constitute an abuse of the bonds of trust and interdependency that exist between family members.

More often than not, the effects of such violence within the family fall most harshly upon the children who, while they may not be the direct recipients of the violence, will nevertheless carry the scars of these acts of brutality.

In this regard, I was mindful of the need to deter anyone else who might resort to such violence, especially in view of the deplorable increase in the number of cases involving family violence.

How Lawyers Can Help

You can help a victim of family violence in the following ways:

• By reporting the matter to the police if there is an immediate threat to the victim’s life. Call 999. The police report will document the family violence incident and it will be useful evidence when the victim applies for a PPO. Otherwise, a police report can be lodged at any Neighbourhood Police Centre (‘NPC’).
• By accompanying/referring the victim to a hospital for medical examination if the victim sustained injuries as a result of the family violence. The medical report will document the injuries and it will be useful evidence when the victim applies for a PPO.
• By referring the victim to social service agencies if the victim needs to stay at a crisis shelter, or is in need of other services, eg financial aid, counselling services.
  

The following are some of the social service helplines that can be contacted for assistance:

Family Service Centre Helpline: 1800-838 0100
Centre for Promoting Alternatives to Violence: 6555 0390
SOS (24 hours daily):
1800-221 4444

• By assisting the victim with regard to the procedures in applying for a PPO in Family Court.
• If you suspect a child is being abused, you must report your concerns to:
  

Child Protection and Welfare ServiceMinistry of Community Development and Sports
Hotline: 1800-258 6378
Monday-Friday: 8.30am to 5pm
Saturday: 8.30am to 1pm

Find out more about family violence at the following website:
www.familytown.gov.sg

Ministry of Community Development and Sports

Endnotes