I refer to a news item reporting Rosianne Cutajar saying Malta should consider adopting Clare's Law.

In 2011 the high profile murder of Clare Wood led to the introduction of the national domestic violence disclosure scheme (Clare’s Law) in England and Wales. It aims to prevent the perpetration of violence between intimate partners through the sharing of information about prior histories of violence. Before anything else, we would have to conduct a critical analysis of the need for (if at all) and merits of Clare’s Law. If ever it is adopted, it is imperative to balance the right to protection with the right to privacy and the question of victim empowerment versus responsibilisation and victim-blaming. In other words, we would need to heed caution in adopting this policy locally.

Unlike our Sex Offender Register (itself based on Sarah’s Law in the UK) which is community-focused, such a domestic violence disclosure scheme is individual-focused. Both of them are victim-focused laws and reflect the shift over the last years to bring victims to the centre of the criminal justice system and create greater visibility around victims’ needs. While this brings with it some definite benefits, there are also drawbacks when considered in the realm of domestic violence where the increased likelihood of criminalisation and further legislation does not necessarily provide effective safety and security outcomes for women victims of violence.

It is important to understand this law and to raise awareness about its effect. It helps avoid the negative consequences of situations where individuals meet their partners online and come face to face with a carefully-crafted identity which in fact hides a violent past. Clare Wood, for example, met her partner on Facebook. In essence, Clare’s Law gives a name to powers that are already held by the police. The police hold legitimate powers to disclose information relating to previous convictions or charges to the public where there is a pressing need for such disclosure in order to prevent further crime. It may seem a petty point but there is also fair criticism that suggests that the feminine branding of such a law fails to take into consideration men who are victims of domestic abuse. Such a one-sided gender branding of domestic violence encourages an attitude of shame and secrecy for men who are victims of domestic violence.

Last but not least, there is the problem of the low reporting rates of domestic violence victims to the police and a fall in the number of cases referred for prosecution. This raises questions of whether Clare’s Law could create a false sense of security for women who ask if their partner has a history of violence. Clare’s Law has good intentions and powers, but can only be effective coupled with support networks for the victims of domestic violence. This is difficult at present, coupled with the huge discrepancy in police services over how long it takes to gather evidence in domestic violence cases and to act using legitimate powers that have always been available.

Dr Mark Said

Msida