3. (1) In this Act, unless the context otherwise requires— “ abuse ” means conduct that harms or is likely to cause harm to the safety, health or wellbeing of a person; “ aggravated ” in relation to gender-based violence, means any act of gender-based violence which— (a) causes the victim to suffer wounding or grievous bodily harm; or (b) the court otherwise considers to be so serious as to be aggravated, taking into account— (i) whether a weapon was used; (ii) evidence of pre-meditation; (iii) whether the victim is particularly vulnerable; 4 No. 1 of 2011] Anti-Gender-Based Violence (iv) any failure, by the police, the court or any official body, to respond to previous warnings; and (v) any other consideration the court considers appropriate; “ applicant ” means a victim who applies for a protection order, or on whose behalf an application for a protection order is made, under this Act; “ associated respondent ” means a person associated with a person against whom an application for a protection order is made; “ care institution ” includes an educational institution; “ child ” means a person below sixteen years; “ court ” means a subordinate court; “ domestic relationship ” means a relationship, between a victim and a respondent in any of the following ways: (a) the victim and the respondent are or were married to each other, under any law, custom or religion; (b) the victim cohabits with the respondent in a relationship in the nature of a marriage notwithstanding that they are not married, were not married to each other or could not or cannot be married to each other; (c) the victim is engaged to the respondent, courting the respondent or in an actual or perceived romantic, intimate, cordial or sexual relationship of any duration; (d) the victim and the respondent are parents of a child, are expecting a child together or are foster parents to a child; (e) the victim and the respondent are family members related by consanguinity, affinity or adoption, or would be so related if they are married either customarily or under any law or religion, or are able to be married, or if they are living together as spouses although they are not married; (f) the victim and the respondent, share or shared the same residence or are co-tenants; (g) the victim is a house-help in the household of the respondent; Anti-Gender-Based Violence [No. 1 of 2011 5 (h) the victim lives in or attends a public or private care institution and is under the care and control of the respondent; or (i) the victim is in a relationship with the respondent determined by the court to be a domestic relationship; “ economic abuse ” means— (a) the unreasonable deprivation of any economic or financial resources to which a victim, or a family member or dependant of the victim is entitled under any law, requires out of necessity or has a reasonable expectation of use, including household necessities, medical expenses or school fees and mortage bond repayments or rent payments in respect of a shared household; (b) denying a person the right to seek employment or to engage in an income-generating activity; (c) unreasonably depriving a victim, a family member or dependant of the victim, of property in which the victim, family member or dependant of the victim has an interest or a reasonable expectation of use, or unreasonably disposing of such property; or (d) intentionally destroying or damaging property in which the victim of gender-based violence, a family member or a dependant of the victim of gender-based violence has an interest or a reasonable expectation of use; “ emergency monetary relief ” means compensation for monetary loss suffered by a victim of gender-based violence at the time of the issue of a protection order as a result of the gender-based violence, including, as appropriate— (a) loss of earnings; (b) medical and dental expenses; (c) relocation and accommodation expenses; and (d) household necessities; “ emotional, verbal and psychological abuse ” means a pattern of degrading or humiliating conduct towards a person, including— 6 No. 1 of 2011] Anti-Gender-Based Violence (a) insults, ridicule or name-calling; (b) threats to cause emotional pain or distress; (c) the exhibition of obsessive possessiveness which is such as to constitute a serious invasion of the person’s privacy, liberty, integrity or security; or (d) any act, omission or behaviour constituting gender- based violence which, when committed in the presence of minor members of the family, is likely to cause them mental injury; “ gender ” means female or male and the role individuals play in society as a result of their sex and status; “ gender-based violence ” means any physical, mental, social or economic abuse against a person because of that person’s gender, and includes— (a) violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to the person, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life; and (b) actual or threatened physical, mental, social or economic abuse that occurs in a domestic relationship; “ harassment ” means engaging in a pattern of conduct that induces in a person the fear of imminent harm or feelings of annoyance and aggravation, including— (a) sexual contact without the consent of the person with whom the contact is made and making unwanted sexual advances; (b) following, pursuing or accosting a person or making persistent, unwelcome communication with a person and includes— (i) watching, loitering outside or near a building where the harassed person resides, works, carries on business, studies or happens to be; (ii) repeatedly making phone calls or using a third party to make phone calls to the harassed person, whether or not conversation ensues; Anti-Gender-Based Violence [No. 1 of 2011 7 (iii) repeatedly sending, delivering or causing the delivery of offensive or abusive letters, telegrams, packages, facsimiles, electronic mail or other offensive objects or messages to the harassed person; or (iv) engaging in any other menacing behaviour; “ HIV ” means human immunodeficiency virus; “ household chattels ” include jewellery, clothes, books, furniture and furnishings, refrigerator, television, radiogram, other electrical and electronic appliances, kitchen and laundry equipment, simple agricultural equipment, hunting equipment, motor vehicles, other than vehicles used wholly for commercial purposes, and household livestock; “ imminent harm ” in relation to an applicant, includes harm that the applicant fears is likely to happen taking into consideration the history of the respondent’s violent behaviour towards the complainant or other relevant factors; “ interim protection order ” means an order made by the court under subsection (6) of section twelve pending the final determination of an application; “ intimidation ” means intentionally inducing fear of imminent harm in a person whether by words or actions and whether by oneself or by the use of a third party by— (a) threatening to abuse that person or a third party; (b) threatening to damage, destroy or dispose of property in which that person or a third party has a material interest; or (c) exhibiting a weapon before that person; “ marriage ” includes marriage under any law, custom or religion; “ next friend ” means a person who intervenes to assist a victim who is a child or who has a mental disability to bring a legal action; “ order ” means a protection order or other order that the court may make under this Act; 8 No. 1 of 2011] Anti-Gender-Based Violence “ physical abuse ” means physical assault or use of physical force against another person, including the forcible confinement or detention of another person and the deprivation of another person of access to adequate food, water, clothing, shelter, rest, or subjecting another person to torture or other cruel, inhuman or degrading treatment or punishment; “ physical, mental, social or economic abuse ” means any act, omission or behaviour or threat of any such act, omission or behaviour which results in death or is likely to result in the direct infliction of physical, sexual or mental injury to any person, and includes— (a) physical abuse; (b) sexual abuse; (c) emotional, verbal or psychological abuse, including any conduct that makes another person feel constantly unhappy, humiliated, ridiculed, afraid or depressed or to feel inadequate or worthless; (d) economic abuse; (e) intimidation; (f) harassment; (g) stalking; (h) controlling behaviour such as isolating a person from the person’s family and friends, monitoring the person’s movement and restricting the person’s access to information or assistance; (i) malicious damage to property; (j) forcible entry into a person’s residence, where the parties do not share the same residence; (k) depriving a person of, or hindering a person from access to or a reasonable share of the use of the facilities associated with the person’s residence or forcible entry into a person’s room or into a room occupied by a person, where the parties share the same residence; (l) the unreasonable disposal of household effects or other property in which a person has interest; (m) abuse delivered from the following cultural or customary rites or practices: (i) forced virginity testing; (ii) female genital mutilation; Anti-Gender-Based Violence [No. 1 of 2011 9 (iii) pledging of a person for purposes of appeasing spirits; (iv) forced marriage; (v) sexual cleansing; (vi) child marriage; (vii) forced spouse inheritance; or (viii) sexual intercourse between persons within the prohibited relations of affinity or consanguinity; (n) abuse perpetrated on a person by virtue of the person’s age, physical or mental incapacity, disability or illness; (o) conduct that in any way harms or may harm another person, including any omission that results in harm and either— (i) endangers the safety, health or well- being of another person; (ii) undermines another person’s privacy, integrity or security; or (iii) detracts or is likely to detract from another person’s dignity or worth as a human being; and (p) trafficking in persons; “ place of safety ” means premises where the welfare of a victim of gender-based violence is assured; “ protection order ” means an order made by the court under sections thirteen, fourteen, fifteen and seventeen on the final determination of an application; “ respondent ” means a person against whom an application for a protection order is made or against whom a protection order has been granted; “ sexual abuse ” includes the engagement of another person in sexual contact, whether married or not, which includes sexual conduct that abuses, humiliates or degrades the other person or otherwise violates another person’s sexual integrity, or sexual contact by a person aware of being infected with HIV or any other sexually transmitted infection with another person without that other person being given prior information of the infection; 10 No. 1 of 2011] Anti-Gender-Based Violence “ stalking ” includes following, pursuing or accosting a person; and “ victim ” means a person against whom an act of gender- based violence has been, is being or is likely to be committed. (2) A court shall, in determining whether a person is in a domestic relationship, have regard to— (a) the place where the person’s time is ordinarily spent; (b) the manner in which the person’s time is spent; and (c) the duration of the relationship. (3) Without prejudice to subsection (1), a person is in a domestic relationship where the person— (a) is providing refuge to a victim whom a respondent seeks to attack; or (b) is acting as an agent of the respondent or encouraging the respondent to commit an act of gender-based violence. PART II FILING OF, AND DEALING WITH, COMPLAINTS OF GENDER-BASED VIOLENCE