Towards preventing “decriminalization” of domestic violence at DOVVSU, Ghana

• Published date: 01 July 2022
• Author: Renee Morhe
• Date: 01 July 2022
• DOI: http://doi.org/10.1111/fcre.12662

ARTICLE

Towards preventing “decriminalization”

of domestic violence at DOVVSU, Ghana

Renee Morhe

Private Law Department, Kwame Nkrumah

University of Science and Technology,

Kumasi, Ghana

Correspondence

Dr. Renee Morhe, Private Law Department,

Kwame Nkrumah University of Science and

Technology, Kumasi, Ghana.

Email: reneemorhe@yahoo.co.uk

Abstract

Domestic violence in Ghana is a criminal offense under the

Domestic Violence Act, 2007 (Act 732). Domestic Violence

and Victims Support Unit (DOVVSU) of the Ghana Police Ser-

vice is the recommended first point of call for handling com-

plaints. Act 732 prescribes prosecution of cases, but also

provides avenue for reconciliation through ADR method under

strict criteria or conditions which state, among others, that use

of ADR is only for cases where violence is not aggravated or

serious in nature or cases which do not attract imprisonment

of more than 2 years. Since its establishment DOVVSU has

seen increasing patronage of its ADR services but little infor-

mation exists on case selection for the process to avoid

“decriminalization”of domestic violence. This study focuses

on the ADR choice decision making at DOVVSU, Kumasi to

determine level of compliance with these conditions. Thematic

analysis of questionnaires and in-depth interviews of service

users and providers in this qualitative study, established that

DOVVSU did not follow the case selection criteria outlined in

Act 732, which potentially has the effect of “decriminalization”

of domestic violence in Ghana.

KEYWORDS

decriminalization of, domestic violence, alternative dispute

resolution, criminal law and justice, domestic violence, family

disputes, judicial oversight for domestic violence

Key points

Family disputes, domestic violence and ADR, Criminal law

and justice.

DOI: 10.1111/fcre.12662

© 2022 Association of Family and Conciliation Courts.

Family Court Rev. 2022;60:411–433. wileyonlinelibrary.com/journal/fcre 411

INTRODUCTION

Globally, a lot has been done in the latter half of the past century to address the problem of domestic violence.

Many countries have passed legislation that make domestic violence a felony.

1

Particularly, in the area of wife

battering, the courts have moved away from allowing men the right to what Blackstone

2

referred to as ‘moder-

ate correction’of a wife, to punishing husbands and other offenders who commit domestic violence. In Ghana,

the Domestic Violence Act 2007 (Act 732) defines “domestic violence”to include all forms of violence perpe-

trated within domestic relationships, including physical, sexual, psychological and emotional trauma and eco-

nomic deprivation. Intimate partner violence is the most common form of domestic violence. Both sexes could

be perpetrators of domestic violence, but men are the predominant abusers.

3

Domestic violence could also

occur among other persons in domestic relationships such as among siblings, in laws, parents, co-tenants and

house - help or domestic workers.

Finding the right punishment for domestic violence is a conundrum. While some jurisdictions prescribe manda-

tory reporting, arrest, prosecution and incarceration of domestic violence offenders,

4

other jurisdictions like Ghana

advocate for a hybrid system that not only allows prosecution and incarceration, but also court-mandated settlement

and reconciliation through alternative dispute resolution (ADR). Domestic violence complaints made to the police

can be made on behalf of victims of violence, family members or guardians, state officials like social workers, proba-

tion officers and healthcare providers. A child may be assisted by a friend to file a complaint on domestic violence.

5

A special unit of the Ghana police force, the Domestic Violence and Victims Support Unit (DOVVSU), is in charge of

domestic violence complaints. DOVVSU was set up to overcome the hurdle of lack of access to justice for survivors

and victims of domestic violence. DOVVSU uses plain-clothes officers to appear less intimidating and more

approachable to complainants. DOVVSU exists in every district of Ghana, and its presence enables survivors or vic-

tims of domestic violence to get easy access to justice. Although DOVVSU officers sometimes benefit from training

on how to handle domestic violence matters from governmental and non-governmental organizations, such training

is not regular and police officers express the need for more training on such matters.

6

Police officers of DOVVSU do

not only prosecute perpetrators of domestic violence but also promote reconciliation through provision of ADR

services.

7

Act 732 lays down the extensive powers of the police in domestic violence matters. Section 6of the Act

provides that a victim of domestic violence or a person with information about domestic violence may file a com-

plaint to the police. The police investigate complaints of domestic violence and the Act under section 8 man-

dates that:

8 (1) When a police officer receives a complaint…the officer shall

a. Interview the parties and witnesses to the domestic violence including children,

b. Record the complaint in detail and provide the victim with an extract of the occurrence upon request in a lan-

guage the victim understands…

1

Gogontle K Gatang, ‘Curbing Domestic Violence in Botswana: An Analysis of the Domestic Violence Act’, 11 European Journal of Law Reform, 403, 411

(2009); See also, Edna Erez, ‘Domestic Violence and the Criminal Justice System: An Overview’, Journal of Issues in Nursing (Jan. 2002),

http://ojin.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/ Volume72002/No1Jan2002/

DomesticViolenceandCriminalJustice.html.

2

Sir William Blackstone, Commentaries on the Laws of England in Four Books, vol. 1, 432–433 (1765).

3

Sheri Hanson, and Leila Patel, ‘How Theory Shapes Practice: Approaches to Woman Abuse and Child Abuse in South Africa,’44 (8) British Journal of Social

Work 2237–2253 (2014).

4

Kalyani Robbins, No-Drop Prosecution of Domestic Violence: Just Good Policy, or Equal Protection Mandate?’, 52 (1) Stan. L. Rev. 205, 205–233 (1999).

5

Domestic Violence Act, 732 § 6(2), 2007 (Ghana).

6

See Esther Tetteh, DOVVSU Officers undergo One-Day Workshop funded by Australian High Commission, Ghana Police Servs. (Jul. 4, 2019), https://police.

gov.gh/en/index.php/dovvsu-officers-undergo-one-day-workshop-funded-by-australian-high-commission/;See generally Author, Author's Publication.

7

According to DOVVSU website, the legal frameworks currently informing and guiding the Unit include the 1992 Constitution of Ghana, the Criminal

Offenses Act, 1960 (Act 29), the Criminal Code (Amended) Act, 1998 (Act 554), the Children's Act, 1990 (Act 560), the Juvenile Justice Act, 2003 (Act 653),

and the Domestic Violence Act, 2007 (Act 732).

412 FAMILY COURT REVIEW