2.4. DOMESTIC VIOLENCE ACT [CHAPTER 5:16] The Domestic Violence Act is an important Act in the context of sexual violence. The Act is a recognition that violations occur in the domestic/family set up and these should not be excluded from State sanction. This is an important development especially in light of the fact that for a long time, offences in the private sphere were often dismissed by the police as being private issues to be dealt with between parties. This made children very vulnerable to abuse. In a study conducted by the Family Support Trust from July 2004 to June 2005, it was shown that in only 9% 1 of the cases they dealt with did the children describe the perpetrator as being a stranger. In a similar study by Childline, 24% of perpetrators were given as immediate family members of the child.1 It becomes clear how important the domestic sphere is when it comes to child sexual abuse as well as other violations. Secondly, the Act is very important in that it defines as well as elaborates extensively on the categories of offences that often occur in the private sphere that are deserving of attention from various actors including the police as well as service providers. For instance, violence occurring in the context of or justified in terms of religious or cultural practices like child pledging, forced virginity testing and forced marriage are now acknowledged as being criminal offences. Another important contribution of the Act is the expansion of the category of people who can make a report or notify authorities. In the context of child abuse, this is a critical component. Child rights activists and other social workers acknowledge that children as victims do not often have the voice or capacity to report abuse. Their position within the family or household makes them vulnerable. The Act therefore enables third parties to make a report to authorities on behalf of a person, like a child who is a victim of violence but who for different reasons, cannot make the report herself. Section 1 defines violence as encompassing the following acts: (1) For the purposes of this Act, domestic violence means any unlawful act, omission or behaviour which results in death or the direct infliction of physical, sexual or mental injury to any complainant by a respondent and includes the following—            physical abuse; sexual abuse; emotional, verbal and psychological abuse; economic abuse; intimidation; harassment; stalking; malicious damage to property forcible entry into the complainant's residence where the parties do not share the same residence; (j) depriving the complainant of or hindering the complainant from access to or a reasonable share of the use of the facilities associated with the complainant's place of residence; (k) the unreasonable disposal of household effects or other property in which the complainant has an interest; 10 6