an act or threat of violence against a person or against property of a person

An act or threat of violence against a person or

This preview shows page 11 - 13 out of 13 pages.

an act or threat of violence against a person or against property of a person; It is unclear why this has been removed. It may be because this type of conduct falls within the scope of criminal law. However, it should be noted that the remedies available through the proposed harassment legislation would differ from those available through criminal law. It is in fact more imperative that victims who are harassed using threats of violence have ready access to protection orders. Also, victims may not wish to go the route of a criminal trial for a range of reasons. As with the victims of domestic violence, victims of harassment should have a range of options available to them. It is therefore recommended that acts or threats of violence against a person or against the property of a person be included in the proposed harassment legislation. T RIANGLE P ROJECT : S UBMISSION O N T HE P ROTECTION F ROM H ARASSMENT B ILL , 30 S EPTEMBER 2010 P AGE 10 of 13
Image of page 11
3. It is also recommended that sanctions are put in place to prohibit the police, the prosecuting authorities and the court from exposing victims from marginalised groups to secondary victimisation. 4. Clear policy and practical provisions must be made in both the Protection from Harassment Bill and the Domestic Violence Act to enhance the access of impoverished, rural and marginalised communities to the remedies available though this legislation. This includes the costs of serving the protection order as well as the financial burden placed on a complaintant who has to travel back and forth to the police station and courts. 5. Given that this harassment legislation is focussed on addressing harassment outside of the domestic relationship, it is possible that the complainent may not be able to identify the alleged perpetrator by name. It is therefore crucial that the harassment legislation place an onus on the police to investigate harassment in situations where the complainant cannot identify the alleged perpetrator’s name and precise location or address. 6. A clear policy framework is necessary to guide and monitor the implemenation of harassment legislation. Such a framework should include: 1. Guidelines regarding the management of harassment cases generally and of harassment cases that are based on discriminatory grounds; 2. Guidelines and measues aimed at preventing secondary victimisation, prejudice and discrimination of marginalised social groupings by the police and the prosecuting authorities. 3. Guidelines and measures around preventative and proactive policing. 4. A monitoring and tracking system of harassment cases which includes harrasment on the grounds of sexual orientation and gender identity/ presentation. T RIANGLE P ROJECT : S UBMISSION O N T HE P ROTECTION F ROM H ARASSMENT B ILL , 30 S EPTEMBER 2010 P AGE 11 of 13
Image of page 12
C ONCLUSION Triangle Project thanks the Portfolio Committee for the opportunity to make this written submission. We wish to state our willingness to engage with and assist the Committee in any way we can to enhance the provisions of the Harassment Bill. We look forward to the making
Image of page 13

You've reached the end of your free preview.

Want to read all 13 pages?

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors