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The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police

Thesis (LLM)--Stellenbosch University, 2021.

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Main Author: Steyn, Janneke
Other Authors: Nel, Mary
Format: Thesis
Language:en_ZA
Published: Stellenbosch : Stellenbosch University 2021
Subjects:
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access_status_str Open Access
author Steyn, Janneke
author2 Nel, Mary
author_browse Nel, Mary
Steyn, Janneke
author_facet Nel, Mary
Steyn, Janneke
author_sort Steyn, Janneke
collection Thesis
dc_rights_str_mv Stellenbosch University
description Thesis (LLM)--Stellenbosch University, 2021.
format Thesis
id oai:scholar.sun.ac.za:10019.1/109958
institution Stellenbosch University (South Africa)
language en_ZA
last_indexed 2026-06-10T12:45:56.159Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository
publishDate 2021
publishDateRange 2021
publishDateSort 2021
publisher Stellenbosch : Stellenbosch University
publisherStr Stellenbosch : Stellenbosch University
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source_str SUNScholar — Stellenbosch University Repository
spelling oai:scholar.sun.ac.za:10019.1/109958 The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police Steyn, Janneke Nel, Mary Stellenbosch University. Faculty of Law. Dept. of Public Law. Victims of family violence -- South Africa Family violence -- Law and legislation -- South Africa Wife abuse Secondary victimisation by the police UCTD Thesis (LLM)--Stellenbosch University, 2021. ENGLISH ABSTRACT: This study sets out the broad context of violence against women in which we find ourselves in South Africa and then moves on to narrow that scope to the domestic violence context specifically. The study then reviews, analyses and critiques the applicable domestic violence legislation, namely the Domestic Violence Act and the National Instructions on Domestic Violence to be adhered to by the South African Police Service as well as legislation relevant to secondary victimisation of victims of crime within South Africa, namely the Service Charter for Victims of Crime along with its Minimum Standards. In order to study how these applicable legislative documents have found operation independently and in conjunction with one another and to what extent it has been conducive to protecting domestic violence victims against secondary victimisation by the police, jurisprudence is used to review practical examples thereof. By means of jurisprudence and commentary thereon such as academic authors, it is also possible to get a firm grip on the damage which may be caused by the police to domestic violence victims in the case of secondary victimisation. Research questions pertaining to the adequacy and thoroughness of the current legislative landscape to make provision for the protection of domestic violence victims against secondary victimisation by the police are possible to answer due to the analyses of legislative measures and jurisprudence described above.The argument made is that in order for domestic violence victims to possibly be adequately protected against secondary victimisation by the police, legislative interventions need to be explicit to this effect. It is also possible to read into legislatively implied standards that an approach of empathy together with explicit protective measures need to be motivated and advocated for in order for domestic violence victims to not only be protected from secondary victimisation by the police, but also for the police to be deemed trustworthy in the eyes of such victims in order to be able to address domestic violence as a problem at large. AFRIKAANSE OPSOMMING: Geen opsomming beskikbaar Masters 2021-03-10T10:45:19Z 2021-04-21T14:33:54Z 2021-03-10T10:45:19Z 2021-04-21T14:33:54Z 2021-03 Thesis http://hdl.handle.net/10019.1/109958 en_ZA Stellenbosch University viii, 118 pages application/pdf Stellenbosch : Stellenbosch University
spellingShingle Victims of family violence -- South Africa
Family violence -- Law and legislation -- South Africa
Wife abuse
Secondary victimisation by the police
UCTD
Steyn, Janneke
The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
title The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
title_full The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
title_fullStr The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
title_full_unstemmed The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
title_short The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
title_sort essential need for empathy a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
topic Victims of family violence -- South Africa
Family violence -- Law and legislation -- South Africa
Wife abuse
Secondary victimisation by the police
UCTD
url http://hdl.handle.net/10019.1/109958
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