Tackling the "shadow pandemic": the development of a positive duty on adults to report domestic violence

Abstract

When disaster strikes women and young girls are often disproportionately affected in comparison to other societal groups. Over the past three years, it is women that have shouldered much of the burden that the pandemic placed on health and socio-economic conditions. In addition, the high incidence of violence against women during the pandemic has been alarming. Several studies have already been conducted to highlight the root causes of domestic violence. As such, this paper seeks to contribute to the discourse by examining the manner in which the pandemic has aggravated these factors in South African society. The central thesis here stems from the view that women should be recognised as a vulnerable group due to the high rate of femicide and domestic violence. In order to prevent further violence, there is a need for a combined effort from the state and its citizens. This paper, with reference to measures taken in other jurisdictions, seeks to advance the argument for a legal obligation on all adults to report knowledge of domestic violence. It is argued that not only would such a provision have served as an emergency when victims were unable to seek help during the national lockdown but incorporating such a provision into the law is likely to improve the efficacy of state responses to domestic violence. In response to numerous arguments against such a measure, this article will use psychological studies and case law to demonstrate the importance of mandatory reporting in society.