Women provoke violence: magistrate
By legal affairs editor CINDY WOCKNER
30aug99

http://www.news.com.au/frame_loader.htm?/news_content/4166728.htm

A NSW magistrate has claimed women provoke domestic violence through 
"nagging, bitching and emotionally hurting men".

In a report to be released today, the magistrate, who was not named, said: 
"Men cannot bitch back for hormonal reasons and often have no recourse but 
violence."

Males when angry have trouble expressing themselves and react physically 
instead of verbally, the magistrate said. "The [these days] widespread 
notion that men are inarticulate is an urban myth propagated by feminists ­ 
anger and hurt is what hampers self-expression, not inability to formulate 
simple sentences."

The comments are included in a NSW Judicial Commission survey of 
magistrates about apprehended violence orders.

The 106-page report asked 122 magistrates to respond ­ anonymously ­ on the 
issue, which occupies an increasing amount of court time across the State. 
Last year there were 49,611 applications for AVOs in NSW.

Sixty-eight magistrates ­ 56 men and 12 women ­ responded to the 
questionnaire while 54 did not.

NSW Minister for Women Faye Lo Po' described the magistrate's nagging 
comment as "horrifying" and on a pathetic, child-like level.

"It would seem from comments like that, that some of the magistracy is just 
not living in the real world," Mrs Lo Po' said.

"I have got to say it horrifies me because there are women who are putting 
themselves in front of people like that every day seeking protection what 
hope have they got?

A spokeswoman for Attorney-General Jeff Shaw described the magistrate's 
comment as an "unfortunate view" but said the report indicated it was a 
minority view, held by one person.

The survey also found most magistrates agree that parents used domestic 
violence orders as a tactic to help their Family Court cases and deprive 
their partner of access to the children.

Some magistrates also believe women were advised by their solicitors to 
apply for orders.

The same magistrate who made the nagging comment, when asked if they 
thought training adequately prepared magistrates for dealing with domestic 
and personal violence matters and whether more education was a good idea, 
replied: "Yes (life experience and practice as a lawyer). Please, no 
training/propaganda."

The magistrate's response that women cause problems by nagging and bitching 
was given in answer to a question which asked the respondents to what 
extent they agree or disagree with the following statement as applied to 
domestic violence matters: "It takes two to tango in any relationship."

Fifty-four per cent of the magistrates agreed with the statement and 34 per 
cent disagreed. A further 12 per cent refused to answer the question, 
saying it was too much of a generalisation and trivialised domestic violence.

The report also found:

GENERAL concern that domestic violence orders were too easily obtained;

ALL respondents agreed that personal violence orders (such as neighbourhood 
disputes) were open to abuse and the report recommended legislation be 
changed to give chamber magistrates and clerks of the court more discretion 
to refer PVOs to community justice centres;

RECOMMENDS increasing the Judicial Commission's education program regarding 
domestic violence;

THE practice of magistrates deferring making final DVOs when Family Court 
proceedings are pending be examined with a view to more legislative guidelines.

Women's Electoral Lobby NSW convenor Sarah Maddison was also angry with the 
magistrate's view on domestic violence.

"It is horrifying to think that someone like that is allowed to make 
decisions regarding women's safety. I pity the women in a violent 
relationship who come before that particular magistrate seeking some help. 
It is seriously frightening," Ms Maddison said.

She called for better education of judicial officers and more resources to 
help women seeking protection.

Other magistrate's answers to the question "it takes two to tango" included:

"I think in some cases this is true. Some perpetrators are simply using 
victims as punching bags. Others however, finally snap when outmatched 
verbally in an argument. Women typically are physically weaker but more 
articulate then men/boys. Unfortunately, physical violence destroys trust ­ 
a loss of trust leads to communications further breaking down and the cycle 
spirals downwards."

Another said: "If this means that some victims provoke violence I'm sure 
its true; equally some don't. It's a dangerous generality."

And another: "There is in the majority of cases, blame on both sides."




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