The study covers the experience of 15 countries - Australia, Austria, Albania, Bulgaria, Great Britain, Georgia, Kyrgyzstan, Moldova, the Netherlands, Portugal, El Salvador, USA, Ukraine, France and Sweden. Each of them has legislation against intra-family violence. 21 experts were interviewed - practicing lawyers, drafters of laws, leaders in the fight against domestic violence, authors of advanced concepts in this area and researchers.
While domestic violence can be a victim of any gender, legislators should consider that it is linked to gender inequality and constitutes an abuse of power. Domestic violence occurs in all social groups and can include physical, sexual, economic and emotional abuse. Both current and former partners can commit such crimes.
Russia lags behind other developed countries in all aspects of the fight against domestic violence. The country does not even have official statistics on victims of domestic violence.
Criminalization of domestic violence
Experts interviewed by the Legal Initiative believe that to solve the problem of domestic violence, a set of measures is needed, and not a separate law. These measures will only work if there is political will and may encounter resistance in the early stages - this was the case in most post-Soviet countries. To do this, management at all levels - from ministers to heads of police departments - must make it clear to subordinates that measures against domestic violence must be implemented, and failure to comply will result in negative consequences.
In most countries studied, the criminalization of domestic violence was associated with some difficulties. Thus, in society, family violence is considered a private matter, and officials do not always understand the need to criminalize it.
In Lithuania, in 2013, amendments were made to make it mandatory to initiate a preliminary investigation in all cases where signs of such violence were found, even if the victim did not file a complaint. Before this, domestic violence cases fell under the category of private-public charges. Experts believe that an effective measure to combat such violence is to transfer such crimes into the category of public prosecution, when evidence is collected by the state.
In Moldova, in its current form, the article on domestic violence (201.1 of the Criminal Code of the Republic of Moldova) implies both physical and psychological violence, including isolation and humiliation, as well as deprivation of livelihood. The concept of “family member” has been expanded to include ex-husbands or wives, cohabitants, as well as grandparents, brothers, sisters and grandchildren, even if they do not live with the aggressor.
Law on the Prevention of Family Violence: What is alarming?
In Russian society there is now a heated discussion on the topic of domestic violence and a bill being developed that aims to eradicate this violence.
Unfortunately, very often supporters of the bill distort the position and motivation of its opponents (and its opponents are the majority of church-going Orthodox Christians).
From their point of view, those who criticize the bill justify domestic violence and consider it a traditional value, a “brace.” But this is absolutely not true.
The Church does not defend domestic violence and condemns attempts to justify it on religious grounds.
The Church does not consider domestic violence acceptable; from the Church’s point of view, anyone who lets loose hands in the family commits a sin no less than if he beat passers-by on the street. Yes, among believers, and sometimes even among clergy, there are supporters of assault. Such people may refer to Domostroy, a book written in the 16th century. However, “Domostroy” is not a doctrinal book, but only a historical and literary monument; a modern Christian is not at all obliged to be guided by it in his life, or even read it at all. As for the scandalous statements of several media-promoted priests, they not only do not express the general church position, but are also quite quickly disavowed by the church hierarchy. Only taking this fact into account can the substance of the proposed bill be discussed.
We are discussing an interim version of the bill. A version that is designed as a compromise, but does not suit either zealous supporters or zealous opponents.
But here we need to immediately clarify what exactly is being discussed. Two documents have been officially published online: firstly, the bill on domestic violence of 2020, which was submitted to the State Duma, but did not even pass the first reading, and secondly, the version of the bill that was published on the website on November 29 Federation Council. This option is intermediate, it is based on the text developed by the Human Rights Council under the President of the Russian Federation, and is very different from it. The Federation Council published the current version of the bill for the purpose of public discussion, so that later, taking into account comments, it could be submitted to the State Duma. Let us note, by the way, that the original version of the bill, sent by its developers from the HRC to the Federation Council, has not been officially published online and its content can only be judged indirectly, based on the public comments of its initiators.
Therefore, keep in mind: we are not talking about the final text of the bill, but about the intermediate version that was officially submitted for public discussion.
So, let’s look at the intermediate version from November 29 and see what points are alarming in it.
The definition of domestic violence is vague; you can call it anything you want.
Article 2 of the bill defines domestic violence this way.
“Domestic violence is an intentional act that causes or contains a threat of causing physical and (or) mental suffering and (or) property damage, which does not contain signs of an administrative offense or a criminal offense.”
This definition includes any action by any family member that causes mental suffering to another family member (or, from the point of view of some outside observer, may cause). The mother-in-law scolded her son-in-law for earning little and causing him mental suffering. It turns out that if the son-in-law reports, the mother-in-law may be evicted from the apartment. However, the mother-in-law can also report her son-in-law, and then it becomes completely unclear who to evict.
Further, mental suffering can be caused by a disease, somatic or mental. And such a patient is not always officially declared incompetent by the court. Who and how will find out the truth when a grandmother with deep dementia accuses her grandson of exposing her to deadly Martian rays? Well, okay, having heard about Martian rays, they may at least suspect something and offer a psychiatric examination (which, by the way, the grandmother may refuse to undergo, she has the right). What if the grandmother claims that her grandson is taking away her pension? Sounds more realistic, right? How to check? The grandmother's word against the grandson's word.
Who is considered a victim of domestic violence can be decided by strangers.
The same article 2 defines who is considered a victim:
“...or in respect of whom there is reason to believe that they may suffer physical and (or) mental suffering and (or) property damage as a result of domestic violence”
That is, the victims themselves do not declare, but someone outside “has reason to believe.” Situation: the school is collecting money for an excursion trip, the parents do not consider it necessary to send their child on this trip, they may have planned something else for this time, or it is too expensive for them. The teacher considered that the deprivation of the excursion caused mental harm to her student and alerted the authorities. The police came to the family and the child was taken away.
Article 4 talks about the principles of assistance. Voluntariness on the part of the victims is assumed, but there is a significant caveat:
“3) the voluntariness of receiving assistance by persons subjected to domestic violence, with the exception of minors and incapacitated citizens;”
That is, an outsider can accuse people of violence against children or incapacitated elderly people. Accusing people of a non-criminal offense - what needs to be done! -, and in this foggy RLS. This is how you can break into any family. “I think there is child abuse going on there.” You won’t have to prove anything, since the SBN does not apply to criminal or administrative crimes, where the fact of the crime still needs to be proven.
Interference in family life will become known to a wide circle of people, and at the same time, bans on public discussion of abuse may be imposed.
Article 4 of the bill talks about confidentiality.
"8) maintaining confidentiality."
But what kind of confidentiality can we talk about if the police have already responded to the call and entered the apartment? How can this go unnoticed by the neighbors?
Confidentiality seems to be ensured by Article 27:
“Confidentiality of information about persons subjected to domestic violence and violators. Dissemination of personal data, information about the physical and psychological condition of persons subjected to domestic violence, as well as violators, is limited in accordance with the legislation of the Russian Federation
But all this information already goes beyond the family at the moment when the state, represented by its representatives, intervenes in the family situation. Neighbors see this, their children’s classmates and teachers see this, and in the end, both victims and perpetrators tell all their friends this. It's impossible to keep a secret here. However, this same Article 27 can be used to silence the media and the public if a discussion of abuses begins. For example, this article could be used to ensure that court proceedings issuing protective orders are closed to the press.
Government agencies (social security, medical institutions) are required to report the slightest suspicion of domestic violence to the police. That is, they will signal not only in obvious, undoubted cases, but also in all doubtful ones, because otherwise they themselves will find themselves violating the law.
Let's look at Article 12, about the powers of social security authorities.
“7) inform the internal affairs bodies about the facts of domestic violence or the threat of its commission;”
That is, if Ivan Ivanovich Ivanova’s neighbor calls social security and says that she heard him threaten to tear off the head of his wife Maria Petrovna Ivanova, then social security is obliged to report this to the police. And the police, having received a signal, are obliged to act on it. Moreover, this is not a theft that you don’t want to disclose, since it’s clearly a “hang”; this is something that can be worked off quickly and reported vigorously. If it is beneficial, then report that the signal has been confirmed and issue a protective order to Ivan Ivanovich. If the plan in this area has already been completed and you don’t want to bother, then you can charge Ivan Ivanovich money for not issuing a protective order.
Article 15 of the bill states:
"2. Medical organizations notify internal affairs bodies of cases of appeal from persons in respect of whom there is reason to believe that harm to their health was caused directly by domestic violence.”
If we take into account the definition of RLS given in Article 2, that is, that this is violence that is not a criminal or administrative crime, then what is meant by harm to health? Not beatings, not leaving without help in a situation that threatens life and health. And what? And what are these reasons? How will these grounds be justified? Who and by what criteria will check these “reasons to believe” written by doctors?
Not only government agencies, but also non-profit organizations, religious organizations, and private individuals will be involved in the “prevention of domestic violence.” They gain enormous power over families, but the bill does not provide for any liability for bias, abuse and basic stupidity.
According to paragraph 1 of Article 16 of the bill, NPOs have the right to:
“1) take part in identifying the causes and conditions of domestic violence and eliminating them;”
That is, NPOs are given the right not only to conduct psychological conversations with victims and perpetrators, but also to identify facts of RLS. How to detect it? Ask your neighbors? Come to school and interview children? Come to the clinic and ask doctors whether they are hiding any suspicious symptoms of their patients from the authorities? And then, accordingly, the NPO gets the right to notify the authorities about the revealed facts?
In general, as for NPOs that are planned to be involved in the implementation of the law on the RLS, is it written down somewhere what responsibility NPO employees bear for their actions? The responsibility of a police officer is spelled out in the police law, the responsibility of a doctor is specified in the regulations governing the medical field. And who will be responsible for the mistake, negligence or malicious intent of an employee of an NPO associated with government agencies?
Further, NPOs have the right:
“2) ...to promote reconciliation between persons subjected to domestic violence and the perpetrator;”
And this means that in those cases when things have really gone too far and it is necessary to get a divorce or exchange an apartment, these NGO employees will try to artificially glue the broken family together and thereby bring the matter to a real big crime. There is no need to “promote reconciliation”, there is no need to “promote divorce” - you need to outline the risks to both spouses. Further, if one of the parties decides to get a divorce, make this task easier for her by taking on the process of going through the authorities and paying for lawyers, if necessary, when dividing property. But whether to save the family or not is up to the spouses to decide, not outsiders.
This law may provoke inter-religious conflicts, since religious organizations are among the organizations receiving the right to work with violators.
Reading article 23:
"4. Organizations of specialized social services in the constituent entities of the Russian Federation, when providing services for psychological support for offenders, may involve public associations and non-profit organizations operating in the field of prevention of domestic violence, charitable and religious organizations, as well as individual entrepreneurs.”
This, translated into Russian, means that “prevention” against the violator will be carried out not only by employees of government agencies, but also by “private traders”, and religious organizations, and people from NGOs. And what happens if, for example, an atheist offender is forced to have preventive conversations with an Orthodox priest? That's right, acute hatred of the Church. What if a Muslim violator is forced to have conversations with an atheist psychologist? What if an Orthodox violator is forced to have conversations with the imam? And this is quite possible in some regions, for example, in Tatarstan, in Bashkiria. That is, at the end we will also get inter-religious strife. No, under no circumstances should any religious organizations be allowed into government regulation of such situations. To a priest (imam, lama, guru) - privately, if you want. But in no case as an obligation.
The bill does not provide for any presumption of innocence and no liability for libel. The guilt of violators is not supposed to be proven in court; it must be immediately established by a police officer. The bill, in essence, introduces a kind of new jurisprudence, parallel to criminal, civil and administrative law.
What grounds are there for the mechanism to combat domestic violence to start working in each specific case? For example, Article 17, paragraph 2:
“2) an appeal from citizens who have become aware of the accomplished fact of domestic violence, as well as threats of its commission against persons in a helpless or dependent state;”
How and by whom will it be verified that these citizens applying are not slandering? After all, since RLS means violence that leaves no traces (because in this case it is no longer an RLS, but a crime), it is in no way possible to prove the fact of RLS. If a neighbor claims that she heard Ivan Ivanovich shouting at Marya Petrovna, then how can she check that she is not lying? Unless she records the scene of the scandal on a video camera... And even then, will it be checked that the recording was not edited?
In general, this is an important point about proof. If at the very beginning of the bill it is stated that the concept of RLS is being removed from the sphere of criminal and administrative law, if this is a separate, new area for jurisprudence, then what should be the methods of evidence in this area? Does it, for example, have a presumption of innocence (it does not, as we see if we carefully read the bill).
And this also applies to paragraph 5 of the same 17th article:
5) court decision.
I understand how the court makes a decision when it comes to a criminal or administrative offense. But if the RLS is separated into a separate area, if we are not talking about a criminal or an administrative crime, then on what basis will the judge make a decision?
And now let’s move on to the central point of this whole topic: to the 4th paragraph of the same 17th article, which regulates the grounds on which the law begins to operate:
4) establishment by an official of the internal affairs body of the fact of the commission of domestic violence or the threat of its commission;
This is the most important point. In the end, everything depends on a specific police officer, who must come to a given apartment and establish the presence or absence of RLS. Where is it written how he should establish such facts? Moreover, facts that do not fall under the provisions of the Criminal and Administrative Codes. Psychological violence, for example. This is how Lieutenant Pavlov will determine whether the mother-in-law’s cries “You ruined my Lidochka’s whole life!” psychological violence against the son-in-law? On what regulatory basis will he establish this? Or based on your inner conviction? And a cynical question immediately arises: what is our inner conviction today?
Protective orders will not do much to protect the victim from the rapist in the event of a real threat, but they violate the basic human rights of those who are rightly or unfairly labeled as violators.
Let's move on to the most striking topic - protective orders. Article 24 of the bill raises questions:
"6. Failure to comply with a protective order by a violator entails liability established by the legislation of the Russian Federation.”
What kind of responsibility is this? What legal documents define it? Should these documents now also be adjusted to cover the situations described in the bill under discussion? According to the latest information, these are fines (1–3 thousand rubles or 15 days for violating a regular order and 3–5 thousand and/or 15 days for violating a court order).
Apparently, it is assumed that a domestic tyrant in most cases is a cowardly and thrifty creature, so the threat of a small fine or short-term imprisonment can deter him from violence. But this is naive! Such a tyrant is often on the verge of mental pathology, unable to cope with his emotions, and eviction from home is guaranteed to provide him with an emotional storm. Will it turn out that government intervention, on the contrary, will provoke someone to violence?
"8. The issuance or extension of the protective order may be appealed by the violator to a higher authority.”
Which higher authority? And for how long? The previous version of the bill (from 2020) spoke of three days, but here the period is not specified at all.
By the way, according to the letter of the law, only the legality of issuing protective orders can be appealed, but not the very fact of committing domestic violence. A person cannot seek recognition of his innocence; he can only ask that such harsh measures not be taken against him.
Let's move on. Here is article 25 of the bill, which describes how to evict a trespasser from his home. The offender, having received a protective order, is obliged to:
“2) leave the place of joint residence or place of joint stay with persons subjected to domestic violence for the duration of the judicial protective order, provided that the offender has the opportunity to live in another residential premises, including under a rental (sublease) agreement, rental agreement specialized residential premises or on other grounds provided for by the legislation of the Russian Federation;"
Who and how determines whether a violator has such an opportunity? That is, it turns out that a person is kicked out of his home in the cold if officials believe that he has the means to rent a house. What if they think wrong? If he really has nothing to rent a house for? Where should he go? And if officials understand that this is his only home and he has nowhere to go, and leave him in the same apartment with the victim, then the violence can start again, and much stronger, since the offender is already angry, driven to hysterics, plus his instability (balanced people either don’t open their hands at all, or stop doing it after the first emergency). Did any of the authors of the bill even think about how all this pressure would affect the psyche of the offender? Or do they believe that conversations with a psychologist can change his mental state and personality?
* * *
DRY RESIDUE
This is an absolutely crude bill that does not take into account many nuances, allows for the most arbitrary interpretations, has enormous potential for corruption, revolutionizes jurisprudence, poses a threat to normal families and does little to help real victims of real family violence. And this is how someone hopes to help victims of domestic violence?
Undoubtedly, it is necessary to fight domestic violence, including at the state level. But we can fight at the state level not only by adopting new laws, but also by ensuring that the old ones come into effect. Supporters of the bill say existing laws are not enough and therefore a new one is needed. But the existing laws are ineffective not so much because they are bad (although there are fair complaints against them), but because of disgraceful enforcement. So why would enforcement be better under the new law? The same people will apply it.
This is precisely the main problem; it is law enforcement (as well as the judicial system) that needs to be treated. Yes, by improving existing laws, but only when law enforcement is finally more or less operational, and, most importantly, carefully, taking into account long-term consequences. And not like this, wielding a crowbar.
Effective measures to combat domestic violence
Protective orders
is a legal instrument for preventing intra-family violence.
They typically come in two types: a temporary
emergency restraining order and
a judicial
protective order.
In essence, both types of orders prohibit the aggressor from causing harm to victims and their relatives, force him to leave home, limit access to the victim at work and in public places, to children, and limit the sole use of joint property. These warrants are issued at the request of the victim, relatives or social authorities. A temporary warrant is issued by the police, court or justice authorities after an act of violence, and violating it can result in arrest or criminal penalties. A protective order is issued by a judge, who determines the duration of the order.
In Sweden, if necessary, victims are provided with bodyguards and electronic means of protection and help them obtain new documents and housing. In Turkey, they issue electronic bracelets that allow you to contact a help center, and an application for emergency communication with the police. In the Netherlands and Australia, an aggressor may be prohibited from being not only in the family home, but also near the home.
But if the punishment for violating the terms of the order is not defined, this measure becomes less effective. For example, in Moldova in 2020, 60% of aggressors violated the terms of the warrants. Although the police are required to monitor them and prosecute them for violation, they only respond if the victim reports it.
Shelters and free hotline
, according to experts, are also effective. When the victim has nowhere to go, the risk to life and health increases - both for the victim and her children. Shelters must be easily accessible and provide psychological and legal assistance. For example, government shelters in Georgia offer knowledge and skills development programs for women. The purpose of these programs is to enable them to find work and live independently after they leave the shelter. In addition, it is important that if shelter is available, victims are not left in a hopeless situation where they, trying to stop the violence, may end up killing the aggressor.
Coordination.
Laws or practices are needed that allow for cooperation between different institutions. But even in those jurisdictions where such practices have been successful, they have not been without problems. For example, in Kyrgyzstan, where courts, prosecutors, police, NGOs and educators are coordinated, their efforts are effective only in large cities. Problems with coordination were noted in almost all countries studied. A single coordinating government agency is needed, the Legal Initiative concludes.
In Moldova, in 2020, the NGO Women's Legal Center, together with the Ministry of Internal Affairs, developed a “Guide to Effective Police Intervention in Cases of Domestic Violence,” which was widely distributed among police officers. In addition, the Prosecutor General's Office has drawn up instructions to help prosecutors and investigators qualify and investigate acts of domestic violence.
Stages of domestic violence
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Domestic violence goes through several stages:
- Increasing tension. The partner’s irritation increases, which leads to breakdowns and the beginning of assault. The victim tries to protect himself by stopping the violent act;
- Acute violence. The aggressor gets into a fight and breaks things. Anything can throw you off balance, for example, a lost TV remote control or a cold dinner. The victim experiences fear, but then tries to find the reason for this behavior and analyze what happened;
- Honeymoon. The guilty person realizes what he has done and feels a sense of shame. He changes, becomes too kind and flexible, and tries to make amends by any means possible. The victim believes, and peace and harmony are temporarily restored in the family.
After some time, tension increases and the stages are repeated again.
Ineffective measures
Fines
- This is a punishment for the victims, since they are paid from the family budget.
“For example, neighbors called the police, they are brought and sent to an investigator. He says we need to write a statement. And the aggressor will receive a large fine. Of course, the woman will not write a statement. This frees the rapist’s hands.”
Executive Director of the Association of Crisis Centers Tolkun Tyulekova, Kyrgyzstan
If high fines are introduced, this will lead to the fact that victims will do their best to hide the fact of violence.
Corrective programs for aggressors.
This measure, despite its high cost, does not have a pronounced effect. According to the experts interviewed, such programs can only be effective if the aggressor himself is seriously ready to change himself. In addition, programs can teach the abuser how to circumvent the law by continuing the abuse. Courts in Scotland, for example, no longer send abusers to anger management courses because the source of domestic violence is not anger, but the desire to control their partners and loved ones.
Protective orders and preventive conversations.
What do the authors of the bill on domestic violence propose?
Mediation.
All types of mediation have shown low effectiveness in family proceedings. Mediation erases history rather than solving the problem. Participants have to agree that “everything will be fine” and cooperate for the sake of the children. But violence will continue as long as the aggressor sees no consequences for himself. It will increase in severity, as the practice of the countries studied has shown.
Various institutions of reconciliation.
In Ukraine, the old practice of reconciliation between the victim and the perpetrator is still used. In such cases, the case is closed under pressure from the judge and prosecutors, who often seek to “save the family.” 50% of domestic violence cases in Ukraine end in a settlement agreement. The police can scare the victim with the fact that “the children will have a convicted father,” their mothers can tell them that they, too, have always been beaten, and the women give in to persuasion. Violence for the most part will not decrease or will take increasingly brutal forms. A positive example is the United States, where reconciliation in such cases is prohibited.
Sign No. 6. Financially dependent
The woman does not have her own money; her husband controls all financial matters. Even children need their own money. When a child goes out into society, goes to school and parents start giving him pocket money, they should not then terrorize him with the question: “Where did you spend everything?” What can we say about adult women? Moreover, they are not required to report. If the husband forces you to do this, it means that everything is definitely not going smoothly in the family, and, most likely, he periodically behaves aggressively towards his wife.
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Cost-effectiveness of combating domestic violence
All experts surveyed believe that intervening in violence at an early stage is more cost-effective. Providing protection and social support for victims of domestic violence costs a lot of money, but dealing with the consequences of violence is even more expensive. Placement in a shelter and a protective order will cost less than a murder investigation, trial, imprisonment for several years and the maintenance of orphaned children.
James Fearon of Stanford University and Anke Hoeffler of Oxford University estimate that the annual cost of domestic violence internationally is $4.3 trillion.
The World Bank, in its 2019 Women, Business and the Law report, states that the presence of legislation against domestic violence contributes to economic growth in a country.
“The most cost-effective thing is to carry out campaigns to prevent domestic violence... If the government wants to solve the problem of domestic violence, it needs to allocate money for it.”
Acting Executive Director of
Domestic Violence Victoria , Australia
Correctional programs for aggressors are considered the least cost-effective measures to combat domestic violence - they are expensive and have a positive effect only if the aggressor himself is serious about change.
Sign No. 7. “It’s my own fault”
A victim woman always justifies her husband’s inappropriate behavior. The phrase “it’s my own fault” comes out of her mouth with enviable regularity. If a husband did not allow his wife to meet with his friends and locked him in the bathroom, in the distorted logic of the victim, this means that he simply loves her very much. He hit - “well, he didn’t mean to, he was just so jealous that he couldn’t help himself.” I repeat once again: the victim often tries to make of his tormentor a “white and fluffy sheep” who is not guilty of anything. This approach is usually formed from childhood, when a child has to justify the verbal or physical violence of his own parents, because he loves them with unconditional love.
Problems of prosecution of family aggressors
The behavior of judges, prosecutors and police is often discriminatory. An expert from Sweden calls their stereotypes and beliefs the biggest problem. For example, in rape cases, judges ask what the victim was wearing. The criminal prosecution system itself already contributes to the secondary traumatization of women through intense interrogations.
“You can have great laws, but if criminal justice is administered by a person who says domestic violence is a private matter and the government shouldn’t get involved, the law won’t work.”
Professor of Criminology Nicole Westmarland, UK
Georgia provides a good example of a practice to avoid secondary traumatization of victims: if a call about domestic violence is received, there must be a woman among the police responding to the call. Police, prosecutors and judges provide extensive training to prevent secondary traumatization and promote gender sensitivity.
In domestic violence cases, judges often blame the victims. According to French expert Isabelle Thielyou, due to prejudice, judges exempt wealthy and educated aggressors from responsibility because they identify with them and usually do not believe that they could commit violence. Judges are rarely willing to learn, and in some jurisdictions, such as Austria, it is impossible to require them to undergo mandatory training - this would be seen as an attack on the independence of the court.
A serious problem and source of frustration for law enforcement officials is the refusal of the victims themselves to cooperate with the investigation. Often women don't want their partners to go to jail. The system must be prepared for this—trainings and protocols for working with victims based on patience and non-judgment are needed.
Sign No. 2. Bruises and wounds “from a cat”
Of course, not all victims of violence are ready to tell close friends and family about it. For many, it is easier not to discuss this fact and even outright lie than to admit that the problem exists. So, for example, women often hide traces of beatings, and if someone does notice them, they come up with some ridiculous, almost fantastic explanations: “the cat scratched me,” “I accidentally crashed into the door,” “I dropped the ladder on myself.” ", etc. Yes, there are injuries due to negligence, no one is insured, but if they are repeated with enviable regularity, it’s worth thinking about.
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Measures to combat domestic violence that have met resistance
The biggest factor complicating the fight against domestic violence is cultural norms, which can outweigh legal norms in society's minds.
“Violence against women is a mentality. Changing your mentality may be more difficult than finding money for expensive services. No laws will help here. It takes time to learn."
Lawyer Tamar Dekanosidze, Georgia
The practice of the countries studied showed that the presence of strong political will helps to cope with the fact that cultural norms and stereotypes contribute to a frivolous attitude towards domestic violence, including on the part of the police, investigators, prosecutors and judges.
Protection orders and the requirement for the aggressor to leave the home met with furious misunderstanding and rejection among Ukrainian legislators. They perceived this measure as an encroachment on property. However, the explanatory work eventually yielded results.
In France, judges are resisting attempts to limit the rights of abusers to see their children. Their gender stereotypes and the practice they have seen of many juvenile delinquents who grew up without fathers contribute to the fact that judges often refuse to limit such contact, even when it is dangerous for the children themselves and their mothers.
How to prove the fact of psychological bullying
However, there are still several options that will help substantiate the complaint. Here are some of them:
- Doctor's report. A psychologist can determine that family members have developed certain psychological problems - fears, resentments, low self-esteem, and so on - and all this is a consequence of mistreatment by a relative. This method is especially relevant for children. This way, a school psychologist can immediately determine whether there is psychological violence among children in the family or whether everything is fine.
- Recorded moment of violence. You can audiotape your spouse/parent's systematic aggressive attacks. The best option is if there is evidence in video format - it will be more specific.
- Witnesses. If your neighbors, friends, acquaintances have repeatedly witnessed scenes of psychological violence, they will be able to help you bring the offender to justice.
- Sometimes aggressors themselves admit that they emotionally oppress their loved ones. This usually happens when a person is sick, realizes his guilt and tries to improve.
So, if you have collected at least a little evidence, it’s time to contact the police to get protection from psychological violence. To do this, you need to fill out an application in which you should indicate information about yourself and the aggressor, describe the situation and attach evidence. After registering a statement, your case will be reviewed and the offender will be brought to justice.
Victims of psychological violence also have the right to file a lawsuit for compensation for moral damage. You can file a claim yourself, or you can seek help from a lawyer.
However, it is important to know that such cases rarely reach court, so there has not been much judicial practice in this area.
conclusions
Solving the challenges of combating domestic violence depends only on political will, without which it is impossible to cope with cultural stereotypes and context. If we take into account the experience and lessons of other countries, Russia will be in an advantageous position - it will not have to pave this road itself.
Preventing domestic violence is impossible without major educational reforms, increased public awareness of gender-based violence, and campaigns to change behavioral norms.
According to the experts interviewed, for effective reform it is necessary to look for allies in leadership positions in relevant government bodies who understand the problem and will make it clear to their subordinates that domestic violence is the responsibility of the state.
Full text of the report “The most dangerous place: a review of measures to combat domestic violence. International experience" can be read on the website of the "Legal Initiative" project
Where can victims go for help?
Women suffering from domestic violence, children, and elderly people should not remain silent. There are several organizations in the Russian Federation that help in the fight against codependency and domestic tyranny:
- Project “Nasiliu.net” https://nasiliu.net/.
- Crisis center for assistance to women and children in Moscow – https://krizis-centr.ru/. Phone - etc.
- Independent charity center for survivors of sexual violence “Sisters”, telephone.
- Help hotline: 8-800-7000-600. You can call there for free.
Sign No. 8. Living with a jealous person
Pathological jealousy on the part of a man is a terrible thing. This feeling itself indicates that a person is not confident in himself. How can he get rid of this uncertainty? Of course, at the expense of the partner. Accordingly, violence is the easiest way to assert oneself, to show one’s power over someone.
Game of humiliation. What is emotional abuse? Read more
Sign No. 9. Men's grievances
A man constantly tells a woman “you should” or “you are to blame” and reminds her of all his grievances, in general he is often offended by little things. Usually these are people who may be capable of violence, it’s just that some of them do not show themselves right away, but life with them does not bode well.
As soon as you see that a loved one is behaving like a victim, according to the signs described above, this indicates that there is definitely a rapist nearby—even if not physical, but definitely psychological. And here it is very important to provide support. You know, when a marathon runner runs a distance, there are tables with water on his way, which he drinks in order to move on. Your communication and support, in fact, are very similar to these sips of fresh water, and, of course, they are necessary for someone who is in such a difficult situation.
