In 2011 Catherine Smith, an Australian mother of six, saw her former husband jailed on 17 charges. Among the charges were three for attempted murder, and many others for assault, sex without consent and detaining with intent to obtain advantage.

It had taken her 30 years of  appeals and petitions to the authorities, during which she and her family suffered repeated brutality. Smith was herself tried during this time (and acquitted) for attempted murder. Her case highlights the barriers that women in Australia face, particularly those living in rural areas, when seeking protection and redress for violence within the family.

Smith and her daughter Vickie spoke at the United Nations in March at the  56^th Session of the Commission on Status of Women in New York, where their story resonated with many women from rural areas across the world. 

Say NO- UNiTE spoke to Smith about her experiences, her advocacy, and the advice that she gives other survivors. Elizabeth Broderick, Sex Discrimination Commissioner of the Australian Human Rights Commission, also gave Say NO- UNiTE her insights on the legal significance of the case, and her recommendations for laws and policies to address gender-based violence in rural contexts.

 1) You suffered extensive abuse at the hands of your husband. Did you feel that you had many options to respond, or avenues through which to seek help?

The first avenue for help with domestic violence is through the local police. In my case I was let down badly. Police here have a dismissive culture to women who report domestic violence. I reported serious abuse to police on 18 separate occasions between 1977 and 2005 with absolutely no charges being brought against Kevin Smith, my former husband.

I had meetings with both police and legal representatives at the department of public prosecutions on many occasions; we also wrote many letters of complaint to police ministers the Attorney-General, Director of Public Prosecutions , police commissioner and the NSW ombudsman, with absolutely no response. We took out a private prosecution, for which the court issued 29 arrest warrants for the arrest of Kevin Smith. The police never acted on the warrants.

2) The arrest finally took place after a parliamentarian lobbied State Parliament in your support. What was the most difficult aspect of the court case for you?

There were many instances throughout the trial that were very difficult to endure, considering that I was kept under threat and control for years. He seemed to have so much control, it often felt like I was back there being mentally abused by him over again. He refused to be legally represented, and kept me on the witness stand under cross examination for as long as possible. I was cross examined for 15 days. At least three times he didn’t even turn up to court; the jury and everyone would be sent home with the hope he would show the next time. There were never any consequences for him. He was allowed to directly cross examine his own children, even though they were also his victims.

3) What do you think women experiencing similar situations need most?

Protection from police at the very first report. The community have a responsibility to help their neighbours and report domestic violence when they hear it, instead of hiding behind their curtains and closing their doors. The community needs to get over the attitude of not getting involved. Domestic violence is not a private issue; it is a crime worse than the assault of a stranger. Women and children should feel safe in their own homes.

4) Having emerged as a survivor, what would you say to other women facing similar situations?

The most important thing is to put a stop to abuse in the first instance. Leave him the first time he hits you. Don’t think he won’t do it again; it gets easier for them each time it happens.

Report any physical abuse to police the first time it happens. Thankfully there are a few good police officers these days. There is no excuse for abuse either physical or emotional in an intimate relationship. If the authorities refuse to intervene to protect you or your children, challenge them, take your complaint to a higher authority immediately. Report the inaction in writing and keep a copy in a safe place. Gather your evidence. Have your doctor keep a detailed record and be sure to photograph any injuries.

5) Although you won your case there is still much work to be done on this issue, in Australia and beyond. How are you taking this forward?

My intention is to expose the authorities’ failures. I have intentionally allowed the media to publish some of the very graphic details of the abuse, and exposed the negligence of the authorities, in an effort to bring about change. We have been the subject of television shows. In 2008 one Australian television show covered my story to coincide with White Ribbon Day. It included the story of another woman, Jennifer Brodhurst. Our stories were similar except Jennifer was murdered by her husband.

My daughter Vickie and I spoke at the United Nations during the Commission on the Status of Women this year, and I spoke at a refuge workers conference in Katoomba, New South Wales. Vickie and I have accepted an invitation to speak at 2012 Sustaining Women in Business Conference, in October.

To learn more about the story of Catherine Smith,  watch a documentary on her, The Courage of Her Convictions,  courtesy of the Australian Broadcasting Corporation.

Elizabe