Saint Lucia: Domestic violence, including legislation, state protection and support services available to victims (2013-November 2015)

1. Situation

Sources describe domestic violence in Saint Lucia as a problem that is "significant" (US 25 June 2015, 8), "serious" (Freedom House 2015), or "very common" (lawyer 12 Nov. 2015; St. Lucia 2 Dec. 2015). The Minister of Gender Relations reportedly said that violence against women is a "major challenge" and victims of domestic violence "'suffer in isolation and silence'" (qtd. in The Voice 8 Mar. 2014). According to the Royal Saint Lucia Police Force's Domestic Abuse Manual, there is "secrecy and shame" surrounding the issue of domestic violence in Saint Lucia, so it is difficult to understand "the full extent of the problem" (St. Lucia n.d., 6). Women in Action, a group that raises awareness of violence against women, reportedly said that the situation of domestic violence in Saint Lucia "'is exacerbated by the severely depressed state of the economy where victims are economically dependent on their abusers'" (qtd. in St. Lucia News Online 25 Nov. 2013).

According to a 2010 survey conducted by the UN Development Program (UNDP), in which over 11,000 male and female adults in 7 Caribbean countries were interviewed, 9.7 percent of people surveyed in Saint Lucia had experienced some form of physical violence (such as punching, kicking, or the use of a weapon) by a member of their household, a rate that was slightly lower than the Caribbean-wide average of 10.9 percent (UN 2012, 11, 29).

Statistics on the number of women killed as a result of domestic violence, or other statistics pertaining to the frequency of domestic violence in Saint Lucia, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. In correspondence with the Research Directorate, the Director of the Division of Gender Relations, of the Ministry of Health, Wellness, Human Services and Gender Relations, indicated that there has not been any study that provides the number of women experiencing domestic violence, and that while some data is collected, "there are problems with managing that data" (St. Lucia 2 Dec. 2015).

2. Legislation

According to the UN Women's Caribbean Gender Portal, the Domestic Violence Act of 1995, amended in 2005, offers "a wide range of speedy and effective remedies to reduce domestic violence," including protection orders, occupancy orders and tenancy orders (UN 2015). The UN Women's Caribbean Gender-Based Violence Laws Portal notes that a protection order "prohibits abuse and molestation, excludes the abusive person from the home or workplace"; an occupation order "gives a right to remain in the household residence"; and a tenancy order "vests the tenancy in the person who applied for the order" (UN n.d.). A copy of the amended Domestic Violence Act is attached to this Response.

The UN Women's Caribbean Gender-Based Violence Laws Portal notes that some acts of domestic violence, such as assault and wounding, may be prosecuted under the Criminal Code and under the common law (ibid.). In a telephone interview with the Research Directorate, a practicing lawyer in Saint Lucia who has handled cases of domestic violence similarly said that some serious cases of domestic violence are "handled by criminal courts" (lawyer 12 Nov. 2015).

Regarding spousal rape, Article 123 (3-5) of Saint Lucia's Criminal Code states the following:

(3) A husband commits the offence of rape where he has sexual intercourse with his wife without her consent by force, fear or the use of a drug or thing with intent to stupefy or overpower her, where there is in existence in relation to them-

a decree nisi of divorce or nullity granted under the Divorce Act;

decree of judicial separation granted under the Civil Code;

separation agreement or where the parties are in fact separated; or

a peace binding order or an order for the husband not to molest his wife or have sexual intercourse with her including a protection order from the Family Court.

(4) The provisions of subsection (3) apply with the necessary modifications to a wife who commits the offence of rape.

(5) A husband or wife who commits the offence of rape is liable on conviction to imprisonment for 14 years. (Saint Lucia 2005)

The Criminal Code also punishes "unlawful sexual connection," which carries a punishment of 14 years to life imprisonment (ibid., Art. 124; UN n.d.). Article 124 (2) defines "sexual connection" as follows:

the introduction, to any extent, into the vagina or the anus of the person of-

any part of the body of any other person, or

any object held or manipulated by any other person, otherwise than for bona fide medical purposes;

connection between the mouth or tongue of the person and any part of the genitalia of any other person. (Saint Lucia 2005)

Article 124 (4-5) of the Criminal Code addresses unlawful sexual connection between spouses as follows:

(4) A husband commits the offence of unlawful sexual connection with his wife without her consent where there is in existence in relation to them-

a decree nisi of divorce or nullity granted under the Divorce Act;

a decree of judicial separation under the Civil Code;

a separation agreement; or

an order for the husband not to molest his wife or have sexual intercourse with her.

(5) The provisions of subsection (4) apply with the necessary modifications to wife who commits the offence of unlawful sexual connection. (ibid.)

3. State Protection

3.1 Government Efforts

According to the UN Women's Caribbean Gender Portal, St. Lucia does not have a national action plan on gender-based violence (UN 2015). The Director of the Division of Gender Relations indicated that their division has undertaken awareness raising campaigns, particularly in schools (St. Lucia 2 Dec. 2015). The Division has also conducted training of police recruits and distributed domestic violence referral protocols to police stations (ibid.). In addition, the Director said that discussions are being undertaken to review domestic violence legislation (ibid.).

3.2 Police

The police have a separate unit, called the Vulnerable Persons Unit (VPU) [or Vulnerable Persons Teams], which handles cases of domestic violence (US 25 June 2015, 9; lawyer 12 Nov. 2015; St. Lucia n.d., 11). According to the instructions in the Royal Saint Lucia Police Force (RSLPF) manual on domestic abuse, the unit provides assistance and advice on domestic violence cases, all of which are supposed to be reported to the VPU Corporal (ibid.). According to the lawyer, most serious cases of domestic violence are referred to the VPU (12 Nov. 2015). Sources indicate that the unit works in collaboration with the Family Court, governmental agencies (US 25 June 2015, 9; St. Lucia n.d., 11) and NGOs (ibid.). The lawyer expressed the opinion that there "has been an improvement in the response and sensitivity to domestic violence" since the establishment of the VPU, but also noted that the unit does not have sufficient resources (lawyer 12 Nov. 2015). The group Raise Your Voice Saint Lucia, as reported in the St. Lucia Times, said that the police are unable to investigate and solve violent sexual crimes against women due to a lack of resources (St. Lucia Times 4 Nov. 2015).

The Director of the Division of Gender Relations expressed the opinion that the police response to domestic violence is "generally" effective, but noted that there are "some challenges," including "inadequate resources, such as manpower, transportation, and sometimes a lack of understanding of the dynamics of domestic violence" (St. Lucia 2 Dec. 2015).

While the lawyer described the police response to domestic violence, as well as crime in general, as "generally not effective," she noted that police officers typically treat victims of domestic violence with respect and inform them of their rights to protection and occupancy orders (lawyer 12 Nov. 2015). She noted that it is more common now than in the past for the police to arrange for the man to leave the home in cases in which there is a dispute between the man and the woman in their home (ibid.).

According to the 2010 UNDP Citizen Security Survey, 42.2 percent of women surveyed in Saint Lucia who had reported domestic violence to the police said that the police were "respectful" or "very respectful" of their rights as citizens; in comparison, the Caribbean-wide average was 32.9 percent of women who said that police were either "respectful" or "very respectful" (UN 2012, 105). The same survey indicates that 20.7 percent of all respondents in Saint Lucia ranked their level of confidence in the police to effectively control domestic violence in the country as "good" or "very good" as compared to the Caribbean-wide average of 21.7 percent (ibid., 107).

According to the instructions in the RSLPF manual, domestic abuse incidents cannot be resolved over the phone and all cases require that an officer be dispatched to the scene (St. Lucia n.d., 13). The manual also instructs that police actions be "prompt," "positive," and "recorded properly" (ibid.).

The lawyer stated that victims of domestic violence who are LGBT would face problems turning to the police and would be treated "as criminals" instead of being offered protection (lawyer 12 Nov. 2015).

Statistics on the number of domestic violence cases reported to the police, investigated, and resulting in arrests could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.3 Judiciary

Sources indicate that most cases of domestic violence are brought before the Family Court (lawyer 12 Nov. 2015; US 25 June 2015, 9). The Family Court issues protection orders, occupation orders and tenancy orders (St. Lucia 27 Nov. 2015; UN n.d.). According to the UN Women's Caribbean Gender-Based Violence Laws Portal, applications for these orders can also be made at the Magistrate's Court (ibid.). The same source notes that the applicant does not require an attorney (ibid.).

In correspondence with the Research Directorate, the Director of the Family Court in Saint Lucia indicated that any woman experiencing domestic violence can access the services of the Family Court, and explained the procedures to apply for a protection order as follows:

She will first be interviewed by a social worker who will determine, based on the provisions of the Domestic Violence Act, whether she is eligible to have an application prepared to go into court. The application is then prepared by a social worker, who reads the contents to the applicant. The applicant then signs the document. The applicant has to provide a ten (10) dollar stamp. If she cannot afford the stamp, an exemption is given. The application is then filed and the matter is taken into court to be heard by the Magistrate of the Family Court.

Applications are generally heard within twenty four hours of the applicant making a report. On the first occasion that the matter is heard as an exparte hearing, an interim protection order may be granted. At the inter-parties hearing, the magistrate would then make a decision as to whether a full protection is granted. (St. Lucia 27 Nov. 2015)

The lawyer expressed the opinion that the Family Court handles the issuing of protection orders "well" and that they are not difficult to obtain (lawyer 12 Nov. 2015). The source said that the procedures at the Family Court are "simpler and less formal" than the traditional judicial system (ibid.). She explained the procedures as follows:

The procedure is for the domestic violence victim to go to the court and see a family case worker who takes their statement and makes a recommendation to the Magistrate. If the family case worker and Magistrate find that the person is in need of protection, the victim is issued an interim protection order almost immediately, which is usually valid for 2-3 weeks, covering the time period until the two parties appear in court. The Family Court is responsible for serving the alleged perpetrator notice to appear for the hearing for the protection order. (ibid.)

According to the UN Women's Caribbean Gender-Based Violence Laws Portal, to qualify for a protection order, the applicant must show that he or she is (or was) married to the abusive person, is (or was) living with the abuser as a couple, or that he or she is a member of the household; in addition, the applicant "must prove that the abusive person is engaging in, has engaged or threatens to engage in conduct which amounts to domestic violence" (UN n.d.). The same source states that the alleged abuser is served notice to appear in court, but that the victim may be issued an interim order if the court determines that a delay may risk the victim's "personal safety or serious injury or undue hardship" (ibid.).

The Director of the Division of Gender Relations said that in order to receive a protection order, the client and perpetrator must be living in the same dwelling and "very often there must be evidence of the abuse" (St. Lucia 2 Dec. 2015). She said that it usually takes victims between two weeks and one month to obtain a protection order, but that victims can obtain an interim protection order within one day (ibid.). She said that if the victim is not living with the abuser, the victim must file for a restraining order, which requires the use of a lawyer and "can be costly and time consuming" (ibid.).

According to the Director of the Family Court, if the applicant does not qualify for a protection order, the applicant is offered mediation services and/or may be referred to an alternative agency (St. Lucia 27 Nov. 2015).

The UN Women's Caribbean Gender-Based Violence Laws Portal indicates that the punishment for breaching a protection order or interim protection order is six months imprisonment and/or a fine of $5,000, and that the police have the authority to arrest a person without a warrant if there is reasonable cause to suspect that a protection order was breached (UN n.d.). However, according to the lawyer, the enforcement of protection orders is "an issue" (lawyer 12 Nov. 2015). She explained that domestic violence victims usually do not give the local police a copy of the protection order, causing the police to be less responsive (ibid.). The Director of the Division of Gender Relations similarly said that there are "challenges" with the enforcement of protection orders and that perpetrators are not always arrested (St. Lucia 2 Dec. 2015). She explained that this is sometimes because the victim does not report the breaches or does not want the perpetrator to be punished (ibid.).

According to the Director of the Family Court, in 2014, there were 100 protection and occupancy orders granted and 200 cases in which the applications were dismissed, discharged, withdrawn or discontinued (St. Lucia 27 Nov. 2015). From January to November 2015, there were 100 protection and occupancy orders granted, 184 cases in which the applications were dismissed, discharged, withdrawn or discontinued, and 40 cases pending (ibid.) Statistics on the number of protection, occupancy and/or tenancy orders that were breached could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Director of the Division of Gender Relations said that whether domestic violence cases are prosecuted depends on the severity of abuse, and that there may be an arrest in cases of sexual abuse or extreme physical abuse, but that perpetrators are generally not prosecuted in "cases of emotional, social or economic abuse" (St. Lucia 2 Dec. 2015). She said that some of the challenges that victims face with the judiciary are "lengthy court processes" and adjournments resulting from perpetrators not being served in time for court hearings (ibid.).

The lawyer stated that more serious cases of domestic violence, such as murder and assault, are handled by the criminal court, which is a two-tier system involving a Magistrate and the High Court (lawyer 12 Nov. 2015). The source further indicated that criminal cases of domestic violence and sexual violence are not given special attention and there are delays throughout the judicial system, taking 2-5 years for a case to go through the High Court (ibid.). She explained that some of the reasons for the delays are that the forensic lab is currently not functioning, there are few criminal attorneys and the court was closed for two months due to the poor condition of the building (ibid.). St. Lucia News Online similarly reports that the closure of the forensic lab, which began in May 2015 and remained closed as of November 2015, has affected the ability of the RSLPF to proceed with many cases of serious crimes (St. Lucia News Online 18 Nov. 2015).

The UN Women's Caribbean Gender-Based Violence Laws Portal notes that the courts can hear cases of domestic violence in camera (in private) and that there are restrictions on publishing reports about domestic violence cases (UN n.d.).

Sources report that domestic violence is often unreported (Freedom House 2015; St. Lucia n.d., 6; The Voice 26 Oct. 2013). According to the President of the St. Lucia Crisis Centre, as reported in the Saint Lucia media source The Voice, cases of domestic violence are underreported because of fear of retaliation and distrust in the timeliness of the justice system (ibid.). For example, Saint Lucia News Online reports on a case in which a woman who sustained a "brutal beating" by her boyfriend said that she did not want to press charges "out of fear that her boyfriend will kill her or have her killed, while the matter is before the courts" (6 Mar. 2015).

The US Department of State's Country Reports on Human Rights Practices for 2014 indicates that authorities only prosecute cases of violence against women when the victim presses charges (US 25 June 2015, 8).

4. Support Services

4.1 Shelter

Country Reports 2014 indicates that Saint Lucia has one "residential facility" for victims of domestic violence - the Women's Support Centre (WSC) (US 25 June 2015, 9). The same source indicates that WSC receives government funding (ibid.). According to the Director of the Family Court, the WSC is part of the Ministry of Health's Division of Gender Relations (St. Lucia 27 Nov. 2015). Sources indicate that the WSC was established in 2001 (St. Lucia 27 Nov. 2015; ibid. 24 Mar. 2015). According to an article on the government of Saint Lucia's website, the WSC is "a temporary place of safety for female victims of domestic violence or intimate partner abuse, and their dependent children" (ibid.). The same source notes that in August 2013, the building of the WSC was closed for renovations, but non-residential services offered by the WSC were relocated to the premises of the Division of Gender Relations (ibid.). According to the Director of the Division of Gender Relations, the Centre reopened in May 2015 (ibid. 2 Dec. 2015). She said that the WSC can accommodate up to 24 people, including both adults and children, and that the amount of space is "adequate" (ibid.). She said that the WSC provided shelter to 8 clients and 9 accompanying children in 2013, and to 8 clients and 10 accompanying children between May and September of 2015, but was closed in 2014 (ibid.). She said that there is no time limit for staying at the WSC and that the length of stay is determined on a "case-by-case basis" (ibid.).

The government website's article indicates that non-shelter services provided by the WSC include: A 24-hour hotline offering crisis intervention; individual and group counselling; a program for children; protection planning for themselves and their children; information on community resources and provisions of legal and social assistance from other agencies; support securing employment and housing; support and counselling for women after leaving the shelter (ibid. 24 Mar. 2015). The same source indicates that women seeking assistance can also use a walk-in service at the Office of the Division of Gender Relations in Castries from 8:00 to 4:30 Monday-Friday (ibid.). Sources indicate that the Division of Gender Relations also explored temporary housing options for those in need of safe housing during the time in which the shelter was closed (ibid.; ibid. 2 Dec. 2015).

Statistics in the article state that when the WSC was "fully functional," it provided services to 158 clients through its hotline and residential services (ibid. 24 Mar. 2015). From January to December 2014, the WSC assisted 165 people during their interim time at the Division of Gender Relations (ibid.).

4.2 Hotline

Sources indicate that women can call "202" to seek assistance from the WSC (The Voice 8 Mar. 2014; St. Lucia 24 Mar. 2015; ibid. 27 Nov. 2015). According to the Director of the Division of Gender Relations, the WSC responded to 96 crisis calls in 2013, 104 calls in 2014 and 296 calls between January and September of 2015 (ibid. 2 Dec. 2015).

4.3 Other Support Services

The Saint Lucia Crisis Centre (SLCC), which opened in 1988, is an NGO that works in the area of domestic violence (The Voice 26 Oct. 2013; St. Lucia 27 Nov. 2015). In correspondence with the Research Directorate, the Acting Managing Director of the SLCC stated that the Centre offers victims of domestic violence and/or sexual abuse individual counselling, as well as group or family counselling (SLCC 12 Nov. 2015). She also said that the SLCC makes referrals to the Department of Gender Relations, Ministry of Social Transformation, doctors, and/or police when necessary (ibid.). The lawyer similarly stated that the SLCC offers counselling to victims of domestic violence, training, and coordinates with other agencies and the police (lawyer 12 Nov. 2015). The Director of the Family Court noted that the SLCC provides "counselling and therapeutic intervention to victims and perpetrators" of domestic violence, and makes referrals to the Family Court (St. Lucia 27 Nov. 2015).

Without providing details, the Director of the Family Court said that there are "a number" of other NGOs that assist women and men who are victims of domestic violence, including Pro Safe and Raise Your Voice (ibid.). Further information about these NGOs could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that the Family Court offers counselling services to victims of domestic violence (lawyer 12 Nov. 2015; St. Lucia 27 Nov. 2015). According to the Director of the Family Court, the Family Court offers individual, couple and family counselling, group sessions on conflict and anger management, a women's group, a parent's group, as well as the "Batterers Intervention Program" for perpetrators of domestic violence (ibid.).

According to the Director of the Division of Gender Relations, the Department of Human Services provides counselling support and interventions in cases involving children (St. Lucia 2 Dec. 2015). The same source indicated that the Department of Human Services and the Family Court provide "some services" outside Castries (ibid.).The lawyer, however, noted that most services for victims of domestic violence, including the Family Court, are located in Castries (lawyer 12 Nov. 2015).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Freedom House. 2015. "St. Lucia." Freedom in the World 2015. [Accessed 10 Nov. 2015]

Lawyer. 12 November 2015. Telephone interview.

Saint Lucia. 2 December 2015. Ministry of Health, Wellness, Human Services and Gender Relations, Division of Gender Relations. Correspondence from the Director of the Gender Relations Division to the Research Directorate.

_____. 27 November 2015. Ministry of Legal Affairs, Family Court. Correspondence from the Director to the Research Directorate.

_____. 24 March 2015. Ministry of Health, Wellness, Human Services and Gender Relations. "Renovation Work at Women's Support Centre Nears Completion." [Accessed 6 Nov. 2015]

_____. 2005. "Chapter 3.01." Criminal Code. [Accessed 18 Nov. 2015]

_____. N.d. Royal Saint Lucia Police Force (RSLPF). P. Mulligan. Domestic Abuse Manual. [Accessed 10 Nov. 2015]

Saint Lucia Crisis Centre (SLCC). 12 November 2015. Correspondence from the Acting Managing Director to the Research Directorate.

Saint Lucia News Online. 18 November 2015. "Forensic Lab Set to Reopen Soon Under New Management." [Accessed 18 Nov. 2015]

_____. 6 March 2015. "No Arrest Made in Brutal Beating of Monchy Woman." [Accessed 18 Nov. 2015]

_____. 25 November 2013. "WIA Observes International Day for the Elimination of Violence Against Women." [Accessed 18 Nov. 2015]

St. Lucia Times. 4 November 2015. "Raise Your Voice Saint Lucia Condemns Rape and Violation of Women." [Accessed 10 Nov. 2015]

United Nations (UN). 2015. UN Women Caribbean Gender Portal. "Saint Lucia." [Accessed 10 Nov. 2015]

_____. 2012. UN Development Programme (UNDP). Caribbean Human Development Report 2012: Human Development and the Shift to Better Citizen Security. [Accessed 16 Nov. 2015]

_____. N.d. UN Women Caribbean Gender Based Violence Laws Portal. "Saint Lucia." [Accessed 10 Nov. 2015]

United States (US). 25 June 2015. Department of State. "Saint Lucia." Country Reports on Human Rights Practices for 2014. [Accessed 10 Nov. 2015]

The Voice. 8 March 2014. "Big Day for All Women: Minister Says Violence Against Women Still a Major Challenge." [Accessed 10 Nov. 2015]

_____. 26 October 2013. "SLCC 25th Anniversary Address: Juliana Alfred, President." [Accessed 10 Nov. 2015]

Additional Sources Consulted

Oral sources: Royal Saint Lucia Police Force - Commissioner of Police, Criminal Intelligence Unit, Criminal Investigations Division; Saint Lucia - Division of Gender Relations.

Internet sites, including: Cananews Online; Caribbean 360; Factiva; Organization of American States; Organization of Eastern Caribbean States; Saint Lucia - Family Court, Ministry of Legal Affairs; St. Lucia Star; UN - Office of the High Commission for Human Rights, Refworld, UNICEF Barbados.

Attachment

Saint Lucia. 1995. Domestic Violence (Summary Proceedings) Act, 1995. [Accessed 2 Dec. 2015]