What to do in case of domestic violence: where should victims turn?

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Published: 11/18/2019

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It is generally accepted that domestic violence is a problem of the poor. Regardless of whether this is true, the actions of a tyrant should not be left unpunished.

What legal provisions does domestic violence fall under?
How to remove beatings and prove domestic violence
How and where to contact in case of domestic violence
Is it possible to go straight to court?

What legal provisions does domestic violence fall under?

Domestic, or household, violence refers to a type of aggression that is shown by one of the family members towards others who are weaker and unable to resist him. When qualifying this offense, intentional guilty acts are taken into account, which are expressed:

in striking and beating;
in other forms of causing physical pain.

The preventive measure for this crime is Article 116 of the Criminal Code of the Russian Federation. On its basis, a person who has shown violence against a person close to him is charged with criminal liability. If the guilty act resulted in minor injuries, then the provisions of Article 115 of the Criminal Code of the Russian Federation may be applied. And in case of more significant harm to health - 111 or 112 of the Criminal Code of the Russian Federation. Punishment for such a crime includes imprisonment. The term of imprisonment depends on a number of factors:

presence of relapse;
the severity of the injury suffered by the victim.

The provisions of the listed articles apply to the suppression of crimes against human health, including if they are related to domestic violence.

Earlier, on July 15, 2021, an amendment to Article 116 of this Code came into force, which allocated a number of subparagraphs of the designated article to the administrative sphere of responsibility. This is how article 6.1.1 appeared. Code of Administrative Offenses of the Russian Federation. On this basis, if the victim and the perpetrator were in a close relationship, the norms of administrative liability did not apply to them - the offender was subject to criminal liability. But already on February 7, 2021, the President of the Russian Federation introduced amendments: the wording about close persons was removed from this article. That is, all victims of beatings, including close people and family members, are in an equal position. Decriminalization of beatings, that is, their recognition not as a criminal offense, but as an administrative violation, extended to all aggressors who were punished for the first time or after the statute of limitations had passed after administrative punishment.

Administrative punishment, which is primarily limited to a fine for the offender, primarily affects the family budget. This fact significantly influences the fact that many battered wives and cohabitants refuse to punish the perpetrators. However, in this case, you can give advice: remove the consequences of the beating, then the perpetrator can be punished for causing harm to health.

If in the circumstances of a criminal act there were actions of a sexual nature, then the provisions of the Criminal Code are applied, aimed at suppressing crimes against sexual freedom.

What do lawyers and human rights activists say about the law?

Experts say that there are no penalties for repeat offenders and that in case of severe violations, the culprit will receive a real sentence.

If DV is recorded for the first time, the person will be fined. The condition is also the severity of the violation, that is, if it is limited to spankings, slaps, etc. Unfortunately, the Criminal Code of the Russian Federation does not regulate the concept of beatings; accordingly, it relies only on bodily injuries, and if there are none, then proving assault will be problematic.

In addition, victims themselves often do not talk about the current situation, since they often consider such behavior to be the norm. After all, at the level of mentality in the Russian Federation, such statements are “He hits, that means he loves,” “She provoked it,” etc.

Consequently, the salvation and protection of the rights of victims of domestic violence are in the hands of the victims themselves. At least for now.

How to remove beatings and prove domestic violence

In order for the fact of domestic violence to be proven, the beatings will need to be filmed. The beatings are being filmed at the Medical Examiner's Office.

A referral for an examination can be provided by police officers who arrived at the scene of a domestic scandal. Upon receipt of the referral, the procedure will be carried out free of charge.

If the police were not called, but there was a call to the Ambulance Service or a trauma center, then information about harm to health in this case is transferred from the medical institution to the police station. Based on an extract from the medical history obtained at a medical institution, an examination certificate is issued. In this case, the procedure is also carried out free of charge.

If neither the police patrol nor the ambulance were called, the victim has the right to contact the Forensic Medical Examiner's Office. But in this case, he will have to pay all the costs of carrying it out. However, when the guilt of the person who caused the violence is proven, the expenses incurred can be recovered in a separate civil suit, based on the provisions of Article 151 of the Civil Code of the Russian Federation.

Bottom line

Psychologists say that such unions rarely become normal and problems in relationships will only get worse. The developers of laws have a different opinion and are making efforts to preserve the unit of society at any cost.

As a result of domestic violence, not only women suffer, but also children, who risk falling under the “hot hand” or watch it and suffer serious psychological trauma. Whether it is worth keeping the family in this format or not is, of course, up to the partners to decide, but we must also remember that even love has its limits.

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How and where to contact in case of domestic violence

The most common way to get help from law enforcement is to go to the police station. You can contact it in different ways:

Neighbors or other witnesses to the assault call the duty team to the scene , which draws up a report upon arrival.
The injured party contacts the police station immediately or within several days, until traces of violence have disappeared : wounds, abrasions, bruises.
When a patient comes to a medical facility with injuries, the incident is reported to the police station.

After drawing up a protocol (another primary action), the materials on the offense are sent to the local inspector, who will compile the case. He is obliged not only to give a direction to examine the injured person for harm to health, but also to find and interview witnesses. Ultimately, the case must be fully compiled and ready to go to trial.

However, the accusation according to this precedent is of a private nature. This means that without a statement from the victim, it will not be submitted to the court.

On this basis, many perpetrators of domestic violence evade responsibility by reconciling with their spouses and giving them false promises to improve. The exception is cases of beating of minor children. A case should always be formed based on the fact of the act, and the guilty family members should be punished.

Health implications

Intimate partner violence (physical, sexual and emotional) and sexual assault lead to serious short-term and long-term physical, mental, sexual and reproductive health problems in women. These forms of violence also affect their children and impose significant social and economic costs on women, their families and society. Such violence can have the following consequences.

It can lead to deaths in the form of murders and suicides.
It can result in trauma: 42% of women who have experienced intimate partner violence report trauma as a result of the violence (3).
The consequences of such violence can be unwanted pregnancy, induced abortion, gynecological problems and sexually acquired infections, including HIV. According to a 2013 analytical study, women who have experienced physical or sexual violence have rates of sexually transmitted infections (and in some regions, HIV) that are 1.5 times higher than those of other women who are not experienced physical violence from an intimate partner. These women are also twice as likely to have an abortion (3).
Intimate partner violence during pregnancy also increases the risk of miscarriage, stillbirth, preterm birth, and low birth weight. The same 2013 study found that women who have experienced intimate partner violence were 16% more likely to have a miscarriage and 41% more likely to have a preterm birth (3).
These forms of abuse can lead to depression, post-traumatic stress disorder and other anxiety disorders, sleep problems, eating disorders and suicide attempts. A 2013 analysis found that women who had experienced intimate partner violence were nearly twice as likely to develop depression and alcohol use problems as other women.
Other health effects may also include headache, back pain, abdominal pain, gastrointestinal distress, limited mobility and poor general health.
Sexual abuse, especially in childhood, can increase the likelihood of smoking, drug and alcohol abuse, and risky sexual behavior later in life. It is also correlated with perpetration of violence (for men) and exposure to violence as a victim (for women).

The role of the healthcare sector

While preventing and combating violence against women must be based on a multisectoral approach, the health sector plays an important role. The health sector can:

Conduct awareness-raising efforts to promote the unacceptability of violence against women and the need to address such violence as a public health problem;
provide comprehensive services to survivors of violence, inform and train health care providers to respond comprehensively and sensitively to the needs of survivors in a compassionate and non-judgmental manner;
prevent recurrence of violence by early identifying women and children experiencing violence, referring them to appropriate services and providing them with the necessary support;
Promote gender equality norms in life skills education and comprehensive sexuality education programs for young people;
Build evidence on effective practices and the extent of the problem by conducting population-based surveys or integrating violence against women into population-based demographic and health surveys and surveillance and health information systems.