Domestic Violence Act (1996)[1]
The Domestic Violence Act (1996) ("Domestic Violence Act") is a law that provides enhanced protection to victims of physical and mental abuse from persons they reside with or are involved with in an intimate or familial relationship. This includes abuse involving the following:
- couples living together (both married or unmarried)
- any children in the household, including children who are not the biological children of both spouses or either spouse
- any other members of the household
- couples in a visiting relationship
Domestic Violence (Amendment) Act (2004)[2]
The Domestic Violence (Amendment) Act 2004 makes special provision for women involved in residential and nonresidential relationships. Proceedings may be initiated under the act by a third party on behalf of an abused woman.
Damage to property has been recognized under the act as a form of domestic violence.
Sexual Offenses Act (2009)[3]
The Sexual Offenses Act (2009) ("Sexual Offenses Act") sets out new provisions for rape and other sexual offenses, including marital rape and incest.
Family Property (Rights of Spouses) Act (2004)[4]
This act sets forth that in cases where the family home is only registered in one person's name but it belongs to both partners in the relationship, there is a requirement for permission from both partners for effecting any property transactions, regardless of whether the property is only registered in one of their names.There does not seem to be any controlling domestic violence case law in Jamaica.
However, Needham and Clarke v. Senior HCV 0852/2006 is a landmark case where the Supreme Court held that the common law should recognize the offence of harassment. As harassment is frequently associated with domestic violence, this provides victims with an additional basis of protection.This includes cases in which an alleged abuser does the following:
- watches or torments the home, workplace or place of education of a victim
- follows or waits for a victim or others in any place
- makes persistent phone calls
- uses abusive language, harasses or causes the victim ill-treatment
- damages property that a victim or members of their household own, use, have access to or is located at their home[6]
The alleged abuser must have used or threatened to use violence against the victim, or caused physical or mental injury to a victim or someone with whom a victim lives, and is likely to do so again.[7]
The alleged abuser must have used violence or caused physical or mental injury to a victim, or someone in a victim's household.[8]
Another cause of action is if a husband has sexual intercourse with his wife without her consent and, knowing that she does not consent or is reckless as to whether she consents, one of the following circumstances exists:
- the spouses have separated
- there is a separation agreement in writing between the spouses
- proceedings to dissolve the marriage or have it annulled have begun
- the husband has been ordered by the court not to molest or cohabit with the wife
- the man has sexual intercourse with his wife knowing that he suffers from a sexually transmitted infection[9]