by Bianca W. Mahere, Associate

In my last article, I focused on the general overview of Gender Based Violence (GBV) including international and regional instruments as well as the local statutory regulatory framework. In this article we analyse different GBV forms as defined in the Domestic Violence Act [Chapter 5:16] herein referred to as The Act.

The DVA was enacted to not only promote the eradication of domestic violence, but to promote harmony in families as stated in the High Court case of State v Gudyanga HH-167-15. It is trite that most cases of GBV occur in households, the victim and the perpetrator usually reside in the same house or are most likely to be related. Most victims of domestic violence are women or children. However, the DVA is not gender specific because males have also fallen victim to domestic violence.

There are different forms of domestic violence and some victims might not be aware that certain acts committed upon them are actually forms of violence under the law. Physical abuse is arguably the most common form of violence. This is when a perpetrator uses physical force upon the complainant with intent to cause bodily harm or realizing there is a real risk or possibility that bodily harm may occur. Acts of physical violence include minor or serious assaults in the form of slapping, kicking, scratching, biting, throwing things, force feeding or denying food, choking or strangling and other acts that hurt or threaten a person.

The second form of abuse is psychological or emotional abuse. This has been more prevalent in recent times as the GBV Hotline (Musasa) noted that it constitutes a total of 55% of all reported cases on that platform since the beginning of the Covid-19 induced lockdown. This form of abuse can be defined as subjecting another person to behaviour that results in psychological trauma, anxiety or chronic depression. A perpetrator will be bullying or gas lighting the victim. Verbal abuse is considered to be a form of abuse that is emotional or psychological. It is when by verbal utterances, yells or scream, the abuser insults the victim, causing humiliation and a loss of self-worth or dignity.

Another common form of abuse is sexual abuse. This entails a perpetrator using force or taking advantage of the victim sexually. Sexual abuse may be in the form of rape, indecent assault, aggravated indecent assault or sexual harassment. Sexual abuse can be experienced outside the home, at school, in the workplace and in the streets. Young girls and women often fall victim to this form of abuse from their male counterparts. Sexual abuse can be perpetrated by one’s spouse or partner. Dear reader, if your male partner abuses you sexually, that should not stop you from reporting the matter.

Socio -Economic abuse is another form of violence which women experience. As discussed in the previous article, our society is patriarchal in nature. There are certain behavioural traits which are religiously or culturally acceptable, yet they are oppressive on the female gender. Forms of economic abuse include denial of access to occupation, freedom of movement, education and income (withholding access to bank accounts and funds).The society should be on the lookout for this form of abuse and note that it is not justifiable in any particular case. The DVA provides for numerous other forms of abuse like harassment, stalking, malicious damage to property, unreasonable disposal of household property or effects and other acts.

It is difficult to understand the causes of GBV and under no circumstances can we justify the perpetrator, though the abuser always seems to find ways of passing the blame to the victim. Generally, the offender is a selfish person who has no regard of other people’s rights or feelings. One’s culture, religion, and upbringing may play a role in shaping their behaviour. The abuser may also be suffering from a disorder.

There is no need to keep pondering on why the offender acted in that manner, the right thing to do is report any form of abuse. The first port of call is at the nearest police station. The police officers have a Victim Friendly Unit (VFU) that handles cases of abuse. However, some forms of abuse are not regarded as criminal under the DVA such as economic abuse and psychological abuse. In such cases it is best for the complainant to seek for a protection order or peace order with the Courts of law. There are also some organisations which assist victims including Musasa and Childline Zimbabwe (Hotline is 116). The DVA provides for an Anti- Domestic Council and counsellors who may help in cases of domestic violence.

We are living in an era where there is emphasis on upholding human life and rights. All persons are equal under the law. Therefore, barbaric acts towards girls and women cannot be condoned at all. There are mechanisms in place to preserve and protect rights of individuals and the arm of the law is not too short to take its course. To those experiencing any form of GBV, it is time to speak up, speak out and be the voice to stop GBV.