3. Similarities and differences in terminology | South Africa | Fighting Domestic Violence

3.1 Domestic violence

Domestic violence is defined in the DVA as any physical abuse; sexual abuse; emotional, verbal and psychological abuse; economic abuse; intimidation; harassment; stalking; damage to property; entry into the victim's residence without consent, where the parties do not share the same residence; or any other controlling or abusive behavior toward a victim, where such conduct harms or may cause imminent harm to the safety, health or well-being of the victim.^[12]

3.2 Stalking

Stalking, under the terms of the DVA, refers to repeatedly following, pursuing, or accosting the victim.^[13]

3.3 Harassment

Under the DVA, harassment means engaging in a pattern of conduct that induces the fear of harm to a victim, including:

repeatedly watching, or loitering outside of or near the building or place where the victim resides, works, carries on business, studies or happens to be
repeatedly making telephone calls or inducing another person to make telephone calls to the victim, whether or not conversation ensues
repeatedly sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the victim^[14]

3.4 Victim

There is no definition of victim in the DVA. Please refer to the definition of "complainant."^[15]

3.5 Abuser

There is no definition of abuser in the DVA. Please refer to the definition of "respondent."^[16]

3.6 Civil protection order

The DVA provides that a protection order is an order that is issued under the terms of the DVA.^[17] However, it is generally understood to be a court order under the terms of which a person is prohibited from engaging in certain conduct as a result of an allegation of domestic violence for the purposes of the DVA or harassment for the purposes of the PFH Act.^[18]

3.7 Causes of action

Cause of action is defined to be every fact that would be necessary for the victim to prove in order to support her right to the judgment of the court.^[19]

3.8 Marital rape

Whilst the DVA does not expressly define marital rape, marital rape is understood to be the act of sexual intercourse with one's spouse without the spouse's consent.^[20]The act of marital rape would fall under the definition of sexual abuse in the DVA.^[21]

3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?

Yes. Set out below are additional terms and their definitions:

Complainant

Any person who is or has been in a domestic relationship with a respondent and who is or has been subjected or allegedly subjected to an act of domestic violence, including any child in the care of the complainant.^[22]

Domestic relationship

A relationship between a complainant and a respondent in any of the following ways:

They are or were married to each other, including marriage according to any law, custom or religion.
They (whether they are of the same or of the opposite sex) live or lived together in a relationship in the nature of marriage, although they are not — or were not — married to each other, or are not able to be married to each other.
They are the parents of a child or are persons who have or had parental responsibility for that child (whether or not at the same time).
They are family members related by consanguinity, affinity or adoption.
They are or were in an engagement, dating or customary relationship, including an actual or perceived romantic, intimate or sexual relationship of any duration.
They share or recently shared the same residence.^[23]

Economic abuse

Includes:

the unreasonable deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including household necessities for the complainant and mortgage bond repayments or payment of rent in respect of the shared residence
the unreasonable disposal of household effects or other property in which the complainant has an interest^[24]

Emotional, verbal and psychological abuse

Is defined as a pattern of degrading or humiliating conduct toward a complainant, including:

repeated insults, ridicule or name calling
repeated threats to cause emotional pain
the repeated exhibition of obsessive possessiveness or jealousy that constitutes a serious invasion of the complainant's privacy, liberty, integrity or security^[25]

Intimidation

Uttering or conveying a threat, or causing a complainant to receive a threat, which induces fear.^[26]

Physical abuse

Any act or threatened act of physical violence toward a complainant.^[27]

Respondent

Any person who is or has been in a domestic relationship with a complainant and who has committed or allegedly committed an act of domestic violence against the complainant.^[28]

Sexual abuse

Any conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the complainant.^[29]

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