Justice For Women Campaign; SAPS Programmes Addressing Violence Against Women

Meeting Summary

A summary of this committee meeting is not yet available.

Meeting report

Joint Monitoring Committee On Improvement of Quality of Life and Status of Women

JOINT MONITORING COMMITTEE ON IMPROVEMENT OF QUALITY OF LIFE & STATUS OF WOMEN
13 June 2001
JUSTICE FOR WOMEN CAMPAIGN; SAPS PROGRAMMES ADDRESSING VIOLENCE AGAINST WOMEN

Chairperson, deputy:
Ms P Themba

Documents Distributed:
Justice for Women Campaign presentation by Centre for the Study of Violence and Reconciliation (see Appendix)
SAPS Presentation on Programmes to address Violence Against Women and Budgetary Allocation for Women

SUMMARY
Presentations were given by the Centre for the Study of Violence and Reconciliation (CSVR) on the Justice for Women Campaign. This campaign seeks the early release of women imprisoned for killing their partners. The South African Police Service presented their programs to address violence against women and their budget for Crimes Against Women and Children. The SAPS also discussed the Domestic Violence Act in relation to the Maintenance Act.

MINUTES
Justice for Women Campaign: Centre for the Study of Violence and Reconciliation (CSVR)
Ms Lisa Vetten stated that the Justice for Women Campaign seeks the early release of women imprisoned for killing their abusive partners. The Campaign is the work of the CSVR and is supported by the National Network on Violence Against Women and the Commission on Gender Equality. The CSVR has applied for a Presidential Pardon to either adjust or expunge the sentences of five women.

The CSVR did research into the family, community and legal spheres of each of these five women. CSVR argues that the crimes were the outcome of desperate circumstances and accumulative provocation, where no Domestic Violence law was available at the time (1993) to protect these women. The legal system was found to be ill-equipped. Further, CSVR contends that the experience of men killing their partners has determined the manner in which a crime is dealt with by the legal system, where as women and men have very different reasons for killing their partners. There was also found to be a lack of expert testimony, which would define these acts as crimes of circumstance, as opposed to character.

The CSVR argues against making examples of these women and that there is a strong likelihood of rehabilitation. A study comparing statistics of men versus women who kill partners and a study on the effects of maternal incarceration on children were presented to the Committee. Finally, a call was made to the Committee ‘as representative of women’s issues’ to urge the President to use his powers to pardon these women or to reduce their sentences.

Discussion
Members commented on the fact that there is only one psychologist or social worker per 1000 prisoners. It was agreed that there is a need for collaboration between the Department of Welfare and the Department of Justice. This would include improving the environment for visitation such as length of visits and a play center to enable women to engage with their children.

Ms Sally Nqodi asked how the reports from social workers were treated by Judges in these cases in light of the fact that Social Welfare is under-resourced. Lisa Vetten of the CSVR responded that it depended on the case.

A Committee member called for the Committee to make a commitment to CSVR’s plea. The deputy chairperson, Ms Themba, replied that it was not possible to make that commitment until the Committee had deliberated the issue. However, Ms Themba asked to keep the channels of communication open on this issue.

South African Police Service – Programmes for Addressing Violence Against Women
Commissioner Makhubela from the Department of Safety and Security introduced commissioners from the South African Police Service (SAPS).

Susan Pienaar gave a presentation on the SAPS’s Women Empowerment Program. Emphasis was placed on the transformation of the SAPS through gender policies. Domestic violence is a key aspect of service provision by every member of SAPS and not a special division. Ms Pienaar acknowledged the importance of co-operative work with NGO’s and community organisations, for example in the creation of safe houses. It was announced that the Child Protection Unit would not be closed down, and research was being done into making the Child Justice Bill into an act. The issue of firearm related violence was being addressed by the SAPS campaign to create firearm free zones in public spaces and shebeens.

Commissioner Geldenhuis addressed the Committee on the relationship of the Domestic Violence Act and the Maintenance Act. The Domestic Violence Act contains provisions that the party being prosecuted is ordered to pay the victim of domestic violence, whilst the Maintenance Act is for the payment of maintenance during any kind of separation. There is often confusion between these two acts. A women may apply for protection via the Domestic Violence Act, however officials often refer her to the Maintenance Court on her application for maintenance. This is a lengthy process, whereas the Domestic Violence Act provides maintenance effective immediately. This confusion needs to be addressed. Commissioner Geldenhuis defined a new role of the police in co-operation with society. He spoke about the major problem of charge withdrawals by victims. He said a long term response was needed, such as family counseling. He said that this was not only a police issue but a societal issue. He acknowledged the vital role of NGO’s and community volunteers, for example in setting up Trauma Centres. In the case of the Child Justice Act he explained that channels were being created to deal with child offenders that are alternative to the criminal justice system.

SAPS: Overall Budgetary Allocation of Resources for Crimes Against Women & Children
The SAPS presented its overall budget with emphasis towards crimes against women and children. The SAPS has increased its budget allocation by 30% and has made a definite commitment of resources to the areas of violence against women, prevention of violent crimes and on researching the implementation of the relatively young Domestic Violence Act. The National Priorities are Organised Crime, Serious and Violent Crimes, Crimes Against Women and Children, and basic service delivery to all communities. Family Violence and Sex Crimes is a sub-program of the Organised Crime Programme, receiving 10.2% of the sub-program vote (determining the allocation of monies). Other programs are General Crime Investigation (9.7% of budget vote), Visible Policing (38.9%), Crime Intelligence (2.3%) and the Criminal Record Centre (1.6%). A further programmes is Organised Crime (5.3%), which has two sub-programs - Family Violence, Child and Sex Crimes and Other serious and Violent Crimes. Investigation of Sexual Offences was shown to be an interrelated process utilising all aspects of service delivery, from Visible Policing to Crime Intelligence and the Criminal Record Center.

Discussion
The Deputy Chairperson commented that the SAPS had provided a good presentation, but she wanted to know the material results of their programmes. The fact, she said, is that women are still dying. She highlighted that the issue of corruption must be addressed - specifically the bribing of officials by abusers, who are often officials themselves.

Ms S Nqodi commented on the conflation of Sex Crimes and Family Violence as a sub-programmes of Organised Crime.

Another member commented on the need for monitoring procedures to enforce training and to check the character of police appointed in different areas and in youth schemes such as ‘Adopt a Cop’. Another member said that the police should run the victim empowerment campaign themselves to improve their public image and to build trust within communities. One member commented on the lack of resources in her constituency, Bellville, where she said there is a very slow response to emergency calls.

A R42 million "loss of vehicles" was indicated in the budget where as a new budget allocation for 32 to 33 000 vehicles was stipulated. Money was also allocated towards investments in other essential resources, such as IT equipment. Commissioner Pienaar explained that the idea is to spend money where the service takes place, at the first point of service delivery, the police stations.

Ms Nqodi asked for feedback on actual performance versus implementation.

Commissioner Pienaar said there is increased emphasis on communication to raise awareness of rights of victims, to train members to deal with victims, and to take disciplinary action against corrupt officials. She expressed excitement about the changes in SAPS.

Members were skeptical that declaring gunfree zones in public spaces would supposedly stop violence when violence occurs in the home.

The SAPS commissioners acknowledged that implementation would be problematic. Commissioner Geldenhuis said that safe shelters had been created as houses within a community where a victim could seek refuge for one night to remove the immediate danger, but agreed that this did not the long term problem.

More clarity was requested on the relationship between the Domestic Violence Act and the Maintenance Act. One MP from the Northern Province mentioned a case where a woman had been told she would be arrested if she withdrew her charges of domestic violence. The member asked for the source of this misinformation.

Commissioner Geldenhuis said that misinformation is dealt with firmly. Such prosecution is not possible and would only serve to further disempower women. He stressed however that such instances emphasise the powerlessness of the police to act on Domestic Violence charges. Most women withdraw charges not out of fear but out of fear of loss of the breadwinner. Thus the issue of providing maintenance as well as protection via the Domestic Violence Act had to be addressed. Finally, he said the police had made a commitment to gender sensitivity training.

In conclusion, the Deputy Chairperson expressed her wish to meet again, and suggested holding workshops in the particular provinces. Commissioner Makubela suggested that it would be better to have a meeting with provincial officials present to emphasise the Committee’s official monitoring function.

Appendix:
WHAT IS THE JUSTICE FOR WOMEN CAMPAIGN?
The Justice for Women Campaign was initiated by the Centre for the Study of Violence and Reconciliation (CSVR) and is supported by the National Network on Violence Against Women and the Commission on Gender Equality. Its main aim is to secure the early release of women imprisoned for killing their abusive partners. The very lengthy sentences some women have received, as well as comments made by some judicial officers indicate that the effect of the abuse upon the women was not understood or adequately taken into account.

The Campaign was launched on Monday 23 April with the handing over of Maria Scholtz’s application for presidential pardon. Applications for Elsie Morare, Harriet Chidi, Sharla Sebejan and Meisie Kgomo will be completed soon afterwards. These women all received sentences between 15 to 21 years. All legal remedies open to them have now been exhausted

WHY ARE WE ASKING FOR A PRESIDENTIAL PARDON?
· Current law does not adequately take into account differences in physical strength between men and women. For defences of provocation or self-defence to succeed, it must be shown that the attack occurred immediately after the provocation, or threat to life. The ‘person’ who kills in a rage during a sudden and temporary loss of self-control, or who is able to defend themselves in hand-to-hand combat is more likely to be male than female. Not only may women be too terrified or too powerless to fight back in the heat of the moment, but they also lack the physical strength to beat adult men to death. As a consequence, they sometimes use weapons, or a third party to defend themselves, or wait until the man is asleep or otherwise vulnerable. Since these attacks appear premeditated, there is no possibility of claiming the action took place in the heat of the moment. The sentences imposed for premeditated murders are longer than those imposed for ‘spur of the moment’ murders.

· Premeditated murders involving third parties are strongly censured by the legal system. Judgements handed down in the cases involving those who have used third parties to kill for financial gain or political gain, identify these cases as the worst kind of murder deserving the harshest of sentences. Comparing abused women who kill to prevent further abuse, with those who kill to pursue political or financial gain produces inequality in sentencing. These sets of circumstances are not the same. Nonetheless these are the judgements often used to justify harsh sentencing

· Another argument for harsh sentences is that they deter other would-be killers. Again this is not an argument applicable to women who kill abusive partners. The CSVR’s research examining conviction and sentencing patterns for cases of spousal murders during 1994 - 1998 in three Gauteng courts, found that for every one woman who killed her partner, four men killed their female partners. Some two-thirds of these women killed in circumstances in which they were being abused by their partners. Women’s killing of abusive partners is not widely-prevalent and so does not need to be deterred by harsh sentences. These killings are the result of circumstances, not bad character.

· With the introduction of the Domestic Violence Act some legal protection now exists for women. A national toll-free ‘stop women abuse’ hotline is in operation and more shelters are being established. Television programmes such as Soul City raise awareness around domestic violence. But these are all initiatives introduced within the past two years. These options were not available to the women at the time they killed their abusers and they offer little practical or remedial help for these women now.

WHAT WE WANT THE JUSTICE FOR WOMEN CAMPAIGN TO ACHIEVE:
· a review nationally of the sentences of all women imprisoned for killing abusive partners. The Campaign has currently identified women imprisoned at Johannesburg Prison. There may be other women in prisons around the country who could also be eligible for early release;

· greater awareness amongst service providers of the need to intervene earlier and more effectively in cases of domestic violence to prevent situations escalating to the point where one partner dies;

· a commitment from both civil society and government to increasing and improving services to women experiencing domestic violence. US data indicates that the number of women killing abusive partners is declining. This decline seems to be the result of a greater number of services becoming available to women such as shelters, counselling and protection orders. If we want to prevent situations where women kill their abusive partners, then we need to make more domestic violence services available - not put women in prison for long periods of time;

· increased public understanding of some of the impact upon children of their mother’s imprisonment. We hope this understanding will contribute to reducing the stigmatisation of children with mothers in prison, as well as more appropriate sentencing that punishes the woman only (should punishment be required) and not her children and family members as well.

As the government is taking steps to address the racial imbalances of the past, so reducing the sentences of women who have killed their abusive partners, would be one step towards addressing the gendered imbalances of the past. This is why we are urging the President to use his powers to either pardon women who kill abusive partners or reduce their sentences.

For more information about the Campaign, please contact either Lisa Vetten, Kailash Bhana or Collet Ngwane at the CSVR (011) 403-5650

Appendix:
Presidential Pardon – Seminar Presentation
Kailash Bhana – CSVR, Tessa Hochfeld - School of Social Work, University of the Witwatersrand

1. INTRODUCTION
1.1. Introduction of presenters.
1.2. Methodology and report back of interview process
· The families reflected in this presentation are all being assisted by the Justice for Women Campaign. Thus this sample is not random.
· This report refers to 16 children from 5 different families, although only 14 children were interviewed (one child refused an interview and one child could not be traced, but information on both was acquired from family members).
· Social worker personally interviewed each child alone (although interpreters were used where necessary) in their current homes (only in one family were interviews held in an office setting). This meant that permission was given by current caregivers and the children themselves. A basic interview schedule was used, but the information gathered was very much of a qualitative nature and so little statistical analysis can be made. Interviews were verbal, and some interview techniques involving drawing were used with the younger children.
· Interviews were also held with relevant caregivers, relatives, neighbours or acquaintances and other involved professionals.
· mall sample thus can’t generalise, but there are themes that have become apparent.

1.3. Please note: we will be using the language ‘mother’ and ‘father’. In all cases the ‘mother’ is the biological mother of the children and is the woman who has been incarcerated for the killing of her partner. In all cases we use ‘father’ to denote the man who was abusive and who was killed by his partner, and in most cases it also refers to the biological father of the children. But please note that the ‘father’ is NOT the biological parent for FOUR of the children.

1.4. There is somewhat of an artificial boundary between section 3 where we discuss the impact of domestic violence on the children, and section 4 where we discuss the impact of the father’s death and the mother’s incarceration on the children. We are aware that these areas are very closely linked and are not completely distinct topics. However, we have tried to draw out particular issues that are more strongly related to one area or the other in each section.

2. STATISTICS – ON THE NUMBER OF CHILDREN, THEIR AGE RANGE AND GENDER.
" I would like to stay with my sister and my younger brother next year. We are not living very well here and we missed our mother and sister since we came here. They do not buy us food and clothes. They always eat the money they come with. They do not do anything with us. We are just dolls here. I miss my mother, father and sister. I wish we could stay with our sister so that the money that comes here, our sister can buy us food and clothes."

Table 1. Children’s Current age and gender profile

Age
(in years)

Gender

Male

Female

6-10

2

1

11-15

3

3

16-20

1

3

21-25

0

3

Total

6

10


3. GENERAL OVERVIEW OF FAMILY LIFE PRIOR TO THE DEATH OF FATHER.
3.1. Impact of domestic violence
"I remember the time when my daddy punched my mummy in the nose and she started bleeding. There was so much blood. My brother ran to the bathroom to fetch toilet paper and forget to tear off a piece. The toilet paper followed him to the kitchen."

Domestic violence has been classified as a situation of repeated trauma. A traumatic event is one in which a person experiences or witnesses an event in which there is actual or threatened death and serious injury, and the person feels powerless.

In all of the families, family life prior to the death of the father was characterised by chronic violence and abuse. As such, all of the children witnessed the violence that their mothers were subjected to and, in most cases, were also subjected to abuse. They were thus both direct and indirect victims of domestic violence. The children’s experiences varied in terms of the extent and range of abuse they were exposed to or experienced. In some families, the children observed their mother’s being repeatedly and severely beaten and sustaining physical injury. Often, some of the older children played care-giving functions to their younger siblings and their mothers. In all of the cases the children wanted to help their mothers from suffering abuse at the hands of their fathers but felt powerless to do so because of their age and lack of power in the household.

The children were subject to the abusive circumstances under which their mothers lived. Hence, if the abusive husband chose to deprive the wife of basic necessities such as food and clothing, the children suffered the neglect as well. Children were also drawn into their father’s abusive behaviour by being asked to monitor their mother’s activities, visitors and phone calls and report this to their father.

In the majority of families, this trauma of witnessing violence was compounded by the children’s own experiences of emotional, physical and/or sexual abuse by their fathers.

Table 2. Children’s experience of paternal abuse

Age
(in years at time of father’s death)

Total children
(in age range)

Type of abuse

Physical

Sexual

Emotional

Witness to parental violence

Neglect

0-5

4

2

0

4

4

3

6-10

6

4

1

6

6

3

11-15

4

3

2

4

3

0

16-20

2

2

0

2

1

1

Total

16

11

3

16

14

7


As the above table illustrates, a majority of the children witnessed parental violence and were emotionally abused by their fathers. Emotional abuse took the form of verbal abuse, insults, emotional cruelty, drawing some of the children into abusive behaviour, among other things. Many children were also neglected by their fathers and this took the form of both emotional and physical neglect. Most often, the fathers would stop buying necessities such as food and clothing for the children, even though they were in a position to do so. Most of the men stopped the women from working outside of the home, and thus the children suffered the adverse consequences.

The range of physical abuse the children experienced differed widely in terms of severity and frequency of the abuse. Some of the children were beaten severely and this resulted in physical injury requiring medical treatment or hospitalisation while others suffered physically less injurious behaviour. A small percentage of the children were sexually abused by the father-figure. This ranged from one incident to ongoing rape and sexual molestation. Interestingly, none of those sexually abused were the biological children of the father figure. None of the male children reported sexual abuse.

The effect of trauma on children can manifest in different ways depending on their stage of development. Children who experiences repeated trauma such as domestic violence are usually exposed to multiple rather than once-off events e.g. repeated parental abuse, having to leave the home to escape violence, moving frequently or a parent leaving the home and are thus likely to develop chronic behavioural and social problems. Children who experience trauma in early childhood (3-5 years) and adolescence are particularly vulnerable to the effects of trauma because these developmental stages involve the child negotiating independence from parents and developing identities distinct from the parent. Trauma in early childhood and adolescence may have the effect of delaying or interrupting normal developmental processes and can be permanently detrimental to a child.

As can be seen from the table, most of the children experienced abuse and trauma during the 3-5 year or adolescent developmental stage, and therefore were more vulnerable to the effects of the abuse. The repeated traumatic events, even if brief in nature, becomes imprinted on a child’s memory and is something which the child may struggle to come to terms with over a long period of time. Children thus struggle with thoughts, feelings and visual images of the traumatic events, long after they are over.

Children who witness or experience domestic violence suffer consequences affecting the psychological, emotional and behavioural domains and may manifest post-traumatic stress symptoms.

Psychological reactions:
·
Children who are abused or witness domestic violence develop defence mechanisms in order to continue to live in an environment that is constantly threatening. One such defence mechanism is disassociation and the capacity for inducing such a mechanism is high in school age children. Dissociation is the altering of reality in order to escape an intolerable situation and may be consciously or unconsciously invoked in order to reduce psychological distress. These states become automatic and seem involuntary. One form of dissociation found among these children was epileptic seizures which result either while witnessing parental abuse or when such violence is imminent. Some children utilised the defence mechanism of somatisation or developing somatic problems such as headaches and stomach aches or other medical problems which required medical attention.
· Most of the children evidenced features of depression or were diagnosed as depressed by doctors. Some of the symptoms include insomnia, poor concentration and difficulty in concentrating at school and suicidal ideation.
·
Impaired self-esteem and high level of anxiety as a result of experiencing and witnessing abuse, particularly that of
·
Some of the children experienced post-traumatic stress symptoms such as flashbacks of violent events, being preoccupied with thoughts of the abusive parental home, nightmares or being hyper-vigilant.

Behavioural reactions:
·
Declining performance in school work due to poor concentration and attempts to block out abuse.
·
A range of social problems including suspected drug use and truanting from school.
·
Some of the children became passive and withdrawn while others exhibited increased aggression both with siblings and with peers at school.
·
Some of the children would ask for food from neighbours due to being neglected.
·
In some cases the abuse also impacted on relationships with the extended family, where the children blamed others e.g. the grandmother for being complicit in and causing their mother to be abused. This damaged the relationship in the long term.
·
Some of the children, particularly older girls, were forced to assume adult responsibilities at an early age.

Emotional Reactions:
·
Some of the children developed an intense fear of their fathers and in some cases this was then generalised to all men.
"I don’t like Oupa so much. I don’t want to play with him"
· All of the children experienced emotional and physical insecurity due to the abuse and were thus extremely vulnerable.

The quality of mothering prior to incarceration, in the context of abusive family life.
Table 3. Primary care-giving responsibilities prior to maternal imprisonment

Gender

Both Parents

Other

Male

6

0

Female

8

2

Total

14

2


Before the death of the father and the imprisonment of the mother, all except 2 of the children were living within the conventional understanding of a family unit. In other words, both parents were superficially providing care to the children. However, the emotional and physical care was being provided, in reality, almost exclusively by the mother.

The quality of mothering varied. In general, though:
· the mother was a CONSISTENT figure
· mother was NOT abusive (there are two cases where the mother allegedly was abusive on occasion, but this seemed to be a comparatively peripheral (if not unimportant) issue even when explored)
· mother was caring, and wanted the best for her children, even when it put her at risk in some way (e.g. a mother prosecuting husband for sexual abuse of the children, or shielding children from witnessing or experiencing paternal abuse). That is, mothers were protective, sometimes to their own detriment.
· Mother DID find mothering a difficult process under the circumstances of chaos and conflict. It is clear that mothering was not ‘perfect’, but in many cases certainly ‘good enough’ mothering.

4. IMPACT OF THE DEATH OF THE FATHER AND INCARCERATION OF THE MOTHER
These events were a major crisis and shock for ALL of the children involved. Most did not have access to full information (some still do not) and thus the process was unclear and intensely confusing.

"I haven’t seen my father for a long time. [My sister] says he is dead but when I ask her why or how he died, she cries and won’t tell me."

Table 4. Age at time of maternal imprisonment

Age
(in years)

Gender

Male

Female

0-5

1

1

6-0

3

5

11-15

2

0

16-20

0

4

21-25

0

0

Total

6

10


Thematic issues:
Change in lifestyle and caregivers
"When we lived with my parents we had bicycles. Now we don’t even have food and clothes."
· Physical changes:
All children living in the family home had an immediate change in lifestyle and accommodation after the imprisonment of their mother, and then often a number of changes after this until a more long term solution for care was set up. This meant that they experienced huge physical changes which included the loss of their home environment, loss of their neighbourhood, local friends, and often their school, and a drop in living standards for most.

· Change in roles and relationships.
- There is evidence of major role changes experienced after the mothers’ imprisonment, especially for the older girls (even when they were only comparatively older, eg. Some took over at only 10 years old). They became parental figures and had to not only assume EMOTIONAL responsibility for ‘parenting’ younger siblings, but also often forced to make huge lifestyle decisions on behalf of the ‘family’. (e.g. I young girl chose to move the family.) These children, forced into pseudo-mothering roles, have no mentoring/emotional support themselves.
- In one case (i.e. an older girl child), the older girl in the family was practically disowned by both her mother’s and father’s relatives and was effectively abandoned.
- There is an antagonistic/unhealthy relationship with paternal relatives in all of the children.

· Paternal vs. maternal familial care:

Table 5. Current caregiver

Gender

Paternal Relative

Maternal Relative

Independent

Male

4

1

1

Female

5

2

3

Total

9

3

4


It is notable that the majority of children are being cared for by their PATERNAL (rather than maternal) relatives. The interviews clearly highlighted a significant difference in the quality of care for those living with maternal families to those with paternal families. Very clear ambivalence towards the children was displayed by the paternal carer families, and at times, outright hostility.

This included a differing standard of care:
- Emotional care: There is a huge range in emotional care, from good (found in maternal familial caregivers) to non-existent. Those staying with the paternal family are most likely to have NO emotional care, characterised by the children living in a household, and in some cases, even having adequate food, shelter and educational provision, but having almost NO communication with the caregivers at all, and certainly having zero emotional input or support from them. (e.g. two families)
- Presence of abuse: Unfortunately it is evident that some of these children are also experiencing active abuse in the homes of paternal relatives. Thus the environment is not just neutral, rather the hostility (or at least the ambivalence) that the family feels in caring for the children of the woman who killed their relative is played out in active abuse of the children. This was acknowledged by one of the caregivers. Certainly emotional abuse exists in a number of families, and probable physical abuse in 3 families.

Table 6. Children’s Experience of abuse after maternal imprisonment

Type of Abuse

Total

Physical

8

Sexual

0

Emotional

9

Neglect

8

Abandonment

1

No abuse

2


"Your mother is a witch and when she comes out [of prison] she’ll kill you just like she killed your father."

"The thing I am most scared of is coming home from school because I know my uncle will beat me"

"My father was horrible to my mother. He didn’t treat her like a wife. That’s why I always say: Who killed who first?"

Misuse of children’s funds/grants
Financial care is a major issue as there is no breadwinner left at all in the immediate family. In all carer families there was a struggle to incorporate the children into their financial budget, however, there is also evidence of the misuse and abuse of children’s funds in paternal families. (e.g. two families)

4.2. Psychological effects
·
General emotional symptoms
- Depression, anxiety and insecurity was evident in ALL children that we interviewed.
- Pervasive feelings of anger and of having been cheated was common.
"When I watch the girls of my age walking by, dressed up in nice clothes, going to restaurants, I remember the time our father used to give us money to eat at Wimpy."
- Fear of abandonment came up as a common theme in ALL interviews. This was often consciously linked by the children to their experiences of having felt abandoned by their mother.
"If my husband leaves me now, who do I have left to rely on?"

· Coping mechanisms utilised to deal with mother’s absence,
All the children learned to cope in some way with their mother’s absence. Psychological coping mechanisms are often a means to PROTECT one from the hurt and pain of an event. Common methods found among these children include:
- fantasy (e.g. everything will be ‘the same’ when she is released). Also, idealisation of the mother (remembers only the good things about feeling secure and protected, and nothing of the reality of living with their mothers)
"When my mom comes out everything will go back to the way it was before and we will be happy."
- avoidance/denial (common that some wouldn’t talk re: mother or visit or ask questions)
- deep anger as a way of protecting against mom’s absence
- Assuming adult roles and responsibilities earlier than is the norm e.g. (with two older girls)
- An unusual and interesting one which can be seen as a positive adaptation, is that in 2 cases the children seemed to cope by increasing their religious observance.

"He was being very naughty kicking the back door. So I told him that if he continued all his naughty mischief the police would catch him and put him in jail. He stopped immediately and asked if they could put him with his mother."

· Adjustment issues to new caregiver,
- Emotional and physical adjustments to new caregiver was often made by the children with very little accommodation from the caregiver’s side. This is often a function of the basic dependency the children experience – they don’t have a choice about fitting into their new environment. (Note though that some caregivers made a HUGE accommodation for the children).
- In at least two of the families the oldest daughters were accused of assisting their mothers to murder their fathers by paternal relatives and this has damaged the relationship significantly. These accusations leave the children at the fringes of the paternal families.
- Many of the children forced to play adult roles and undertake adult functions i.e. domestic responsibilities, child-care responsibilities, in some cases, income-earning responsibilities (exploitation?) as some caregivers insisted on this.

Unresolved issues centred around the abuse of the mother and themselves, and on the father’s death.
- Real confusion about feelings about father’s death. Relief that there is no more abuse to endure from him, but especially the younger children missed a father figure.
- Major unresolved trauma re: circumstances of his death:
The violent nature of it
The involvement of the mother
- Some older children stated NO confusion: glad he is dead. This perception of his death seems to be significantly different if he was/was not the biological father.

· Impact of stigma.
Deep shame at events. They did not experience active stigma universally, but there was definitely a universal PERCEPTION that they will meet stigma ‘out there’. Children devised ‘cover-stories’ together with their caregivers in some instances, of the whereabouts of their mother e.g. that she was working away from home

4.3. Behavioural effects
·
Stealing
- A few children displaying periodic stealing. This seems in these cases to be related to the need for nurturance/care/attention (not necessarily material need). Interestingly, in one case it is also DIRECTLY related to the mother, as the money has been taken near Christmas or the mother’s birthday with the stated intention of buying her a nice present.
- However, there are 2 cases where stealing seems to be motivated by deprivation (eg. Stealing clothes to wear and money to buy food).
· Lying is common, usually as a means to seek attention.
· Aggression
Fighting at school and aggressive behaviour among the younger children occurs, but it is interesting to note that one of the older children has comparatively recently been found guilty of assault in a court of law. It is impossible to say whether this is directly related to the mother’s absence, or whether it might have been encouraged by the child’s witness to years of serious violence in the home as the primary means of communication.
· Regression
- One child very strongly regresses whenever there is a visit to the mother: she begins to talk and act about 5 years younger than her chronological age. This is likely related to the need for care AND for recapturing a past relationship with the mother.
- Other regression includes enuresis and inability to sleep alone at night.
· Scholastic performance
- All school performance among the children is mediocre to very poor. This can be seen as a direct impact from the frequent change of schools, but it is also clearly related to emotional stress and inability to perform optimally under those conditions.
At least one child had to drop out of school as did not have the practical means to continue and was concerned with basic survival issues.

4.4. Effects on relationships
·
Ambivalent relationship with mother
- Deep anger at mother, partly regarding her part in the death of the father (or father figure), but especially around the perception that mother abandoned them. But at the same time, almost all truly wanted and needed mother with them. It is important to note that this ambivalence remains UNRESOLVED while the mother is in prison – this is very destructive for their future relationship.
- Some have had no or very limited contact with their mother since imprisonment making it difficult to maintain relationship continuity between mother/child. They have thus lost touch with the realities and happenings in one another’s lives.
- Most of the children see their mother as an idealised figure who can mend all of their problems – this has serious implications for deep emotional disappointment for when their mother is finally released.

· Difficulty in forming relationships.
"I don’t know how long I will stay married as marriages never last."
- All have major issues of trust in relationships.
- Also, disclosure to others of their own circumstances poses a huge problem for them.
- Issues of dependency, reliance and unconditional love and care all remain elusive and difficult to recreate in other relationships.
- This is true of relationships with current carers, peers, and in the older children, in relationships with the opposite sex. Those in a marriage or longer term relationship acknowledged difficulties related to trust and betrayal.
- Views on their own likelihood of marriage ranged from fantasy of a wonderful, caring husband to extreme negativity around marriage and relationships stated as never wanting to marry.

· How they feel about mother’s incarceration
"I never used to believe that my mother could have done it [killed my father], but everyone is saying it is true so it must be. And if it is true it’s a terrible thing so she should be in jail."
- All upset, angry and ashamed by mother’s incarceration.
- Some (especially younger ones) have constructed the return of their mother as the central theme in their lives. Some of the older children feel very bitter about her incarceration and don’t like to be disappointed, and so don’t think actively of her return.
- Some see the imprisonment as fair given the deed although they did not like it, while some maintain their mother could not be guilty.

· Relationship with siblings and caregiver,
Generally variable, except where there is a pseudo-mothering relationship between two siblings, where it is unusually close.

5. CONCLUSIONS AND RECOMMENDATIONS
5.1. Conclusions
Although there are similar patterns to other cases where children’s parents have been incarcerated in different circumstances, there are a few UNIQUE features that make these particular children more vulnerable.
5.1.1. These children have lost BOTH parents in traumatic circumstances and their PRIMARY CAREGIVERS are in prison. This results in extreme issues of loss and manifests in almost all the children in a fear of abandonment.
5.1.2. In terms of the context above, these children’s social supports, social networks and care are usually CONDITIONAL on whether the care is from paternal or maternal family. Paternal relatives provide care in a negative context, ranging from general anger to active hostility towards the children. This can include:
- The stopping, or at least the lack of facilitation, of visitation with mother.
- The child’s relationship with his/her mother being contaminated by a hostile/conflictual attitude towards the mother in their everyday environment.
- In some cases, active emotional or physical abuse of the children.
5.1.3. These children have major unresolved relationship issues with their mothers. In particular, they have not resolved the issue of the role of their mother in the death of their father. All of them are aware of the abuse their mother suffered, but on some level a few children believe imprisonment is just because of her role in the father’s death. At the same time, of course, they all feel her loss keenly and are hoping for her release.
5.1.4. Some children have been accused by their paternal family of having been complicit in the murder of their father. This is terribly upsetting for the children themselves, and has seriously negative implications for the level of care they might receive (e.g. one older girl was abandoned).
5.1.5. All the children have had to and continue to re-cast their own identities. Not only do they have to deal with and make sense of who they are in relation to their abusive fathers who then died violently, but also in relation to their mother’s role in this, her subsequent imprisonment and what this means to them. In some cases this process is made much harder by family forces who commonly either claim or disown the children’s identity as linked to their own.
5.1.6. In these cases there is a diminished likelihood of positive reconstitution and reconstruction of the family when the mother is released. In particular:
- External constraints such as paternal family not wanting to have anything at all to do with the mother.
- The mother and children have, in the main, completely lost touch with the day to day reality of each other’s lives. Most children have developed a distorted (usually idealized) version of their mother which will be impossible for the mother to live up to.
5.1.7. The children have been given little information or, most often, misinformation about the context of the loss of their father and mother, particularly with regard to the circumstances of the father’s death and the mother’s imprisonment. Not knowing leads to long-term insecurity and confusion.
5.1.8. Imprisonment of their mother is experienced by the children as traumatic, and this exacerbates the previous experience of trauma related to domestic violence. They have been given no emotional space to resolve past traumas (such as witnessing serious violence in their home, their own experiences of physical, emotional and sexual abuse where it occurred, their father’s death), and are having to cope with further crises in addition (in some cases, further abuse). This has serious implications for their ability to resolve the trauma of their separation from their mother.
5.1.9. Caregivers are usually of the older generation (i.e. grandparents) and they are less able physically, emotionally and financially to care for the children properly.

5.2. Recommendations
5.2.1. Where children have lost both parents/caregivers on the imprisonment of a mother, the type of care these children subsequently receive must be closely monitored. In particular the following must be monitored, preferably in collaboration with the Department of Social Development:
- neglect
- emotional and physical abuse
- financial mismanagement of the children’s funds (the Department of Justice should have more control over the children’s funds)
5.2.2. In the case of long-term maternal imprisonment, the Department of Justice must make adequate maternal visitation arrangements. This includes:
Increasing the visitation rights of mothers serving long term prison sentences (one hour a week is not enough to maintain a proper relationship with even one child, let alone more than one)
- The visiting environment should be more conducive to developing and maintaining the maternal relationship (e.g. have a basic ‘play centre’ for mothers and children)
- The Department must find a way of FACILITATING children’s visits to their mothers – many families don’t have the financial means or the commitment to facilitate this process.
5.2.3. We are NOT recommending that women should not be punished for crimes they commit, but long-term maternal incarceration especially in the context of domestic violence is patently NOT in the best interests of the children. There should be a more creative balance between incarceration and correctional supervision, particularly as the women we are referring to are NOT habitual criminals and are not a danger to society. In fact, long term incarceration does not serve society as we are creating serious emotional and environmental problems for the children of the incarcerated woman, which may have negative effects on society.

Audio

No related

Documents

No related documents

Present

  • We don't have attendance info for this committee meeting

Download as PDF

You can download this page as a PDF using your browser's print functionality. Click on the "Print" button below and select the "PDF" option under destinations/printers.

See detailed instructions for your browser here.

Share this page: