The Constitutional Court protected victims of domestic violence

The Constitutional Court examined the issue of the constitutionality of Article 116.1 of the Criminal Code of the Russian Federation “Battery by a person subject to administrative punishment.”

The compliance of this norm is disputed by a citizen who has repeatedly suffered beatings inflicted on her by her own brother. He was brought to administrative responsibility under the article “Battery” of the Code of Administrative Offenses in 2021, 2019 and 2021. He was sentenced to a fine of 5,000 rubles, three hundred and another one hundred hours of compulsory labor. Despite the fact that the victim and her lawyer tried to get the act reclassified as a criminal offense, the courts remained adamant. Then the victim went to the Constitutional Court.

What is domestic violence

Domestic violence is a combination of acts of physical, sexual, psychological and economic pressure against loved ones. Neither men, nor women, nor children are immune from it. A person who commits violent acts against a relative or partner is called an abuser.

Introduction

The United Nations defines violence against women as “any act of violence based on gender that causes or is likely to cause physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether in public or in personal life" (1).
Intimate partner violence is behavior by a current or former intimate partner that causes physical, sexual, or psychological harm, including physical aggression, sexual coercion, psychological abuse, and various forms of controlling behavior.

Sexual assault is “any sexual act, attempted sexual act, or other act that targets a person’s sexuality using coercion, committed by anyone, regardless of their relationship with the victim, in any location. It includes rape, defined as forced or otherwise forced penetration of the vulva or anus using the penis, other body part or object, attempted rape, involuntary sexual touching or other non-contact forms.”

• State of the World Report on Violence Prevention 2014

Quarrel or domestic violence

There is an opinion rooted in the mind: “Dear ones scold - they only amuse themselves.” The reality is much harsher, so it is important to be able to distinguish between violent acts in the family and a domestic quarrel.

Family quarrels are episodic in nature and are caused by specific domestic or personal reasons. A quarrel develops into violent actions if at least one of the alarming symptoms is present:

• the conflict repeats itself according to a certain pattern;
• one of the participants is much more aggressive than the other, his actions are not determined by real motivation;
• in the process of a collision, one of the partners seeks to control the other, to suppress his desires and feelings;
• one of the participants takes noticeable pleasure from the humiliation and pain of the other.

Types of domestic violence

Physical impact (assault)

This is a direct or indirect influence on another person, carried out with the aim of causing physical harm, causing pain, intimidation with physical suffering in the future.

Direct assault manifests itself in the form of:

1. slaps;
2. beatings;
3. hitting your head against a wall, furniture, etc.;
4. strangulation;
5. causing burns or cuts;
6. forced use of alcohol or drugs;
7. partner's restrictions in sleep;
8. failure to provide medical care after harm to health.
9. The extreme form is the death of a person from inflicted injuries.

In the modern world, there has been an increase in domestic violence in the form of assault.
According to statistics, every third woman suffers from regular beatings from her husband. Victims of assault are not only women and children. Family violence against men is an equally acute problem, caused by jealousy, unhealthy relationships, and the desire for complete control. At the same time, men are less likely to share the problem with friends and family, fearing for their reputation, and also do not contact the police.

Psychological impact

Psychological violence refers to the moral pressure of one partner on the other, aimed at the complete destruction of his personality and self-esteem. An abuser can both humiliate another person and manipulate his emotions, pretending to be the victim, thereby causing the victim to feel guilty.

The main manifestations of psychological impact are:

1. insults;
2. public jokes that humiliate a partner;
3. total control, restriction of personal space (reading correspondence, installing surveillance cameras, surveillance, etc.);
4. blackmail;
5. restrictions on actions: prohibition on meeting with relatives, friends, attending school or work, etc.;
6. deliberate destruction of reputation, spreading rumors about the victim’s mental illness.

Often, an abuser uses children to psychologically manipulate a partner: he threatens the child with physical harm and intimidates the partner with possible restrictions on communication with the baby.

The consequences of violent acts in psychological form on the part of loved ones are very severe and can last a lifetime.

Sexual violence

This type includes all actions aimed at coercing sexual contact or other intimate actions, both through blackmail and threats, and with the use of physical force.

Most often, this form of influence is based on the idea of ​​“marital duty”, while the woman is obliged to “give” and “please” her husband, and the man only “takes”, without being interested in the desires of his partner.

Actions of sexual influence are:

1. forced sexual intercourse;
2. touching a partner's genitals without his consent;
3. unwilling display of nudity or pornography;
4. coercion to film pornographic materials;
5. rape.

Sexual assault is a criminal offense. If any form of manifestation occurs, especially in relation to minors, you must immediately contact the police.

Economic Impact

It is one of the forms of psychological pressure aimed at limiting the financial freedom of one of the family members.

It consists of restrictive actions on the part of the abuser and includes:

1. work ban;
2. formation of financial dependence of the victim;
3. misappropriation of all family income by the abuser;
4. control over partner expenses;
5. blackmail with money for refusing sexual intimacy.

Moral and physical violence against a woman in the family: signs and causes

If family members often experience fear, are afraid of the appearance of a tyrant, try to please or not irritate him “over trifles”, are ready to suppress their emotions, therefore, there is some type of violence in the family, and more often several at once.

If observed:

• lack of symmetry in relationships (I can, but you can’t);
• inability to competently conflict, exchange opinions, argue (don’t contradict me, otherwise you’ll find out);
• incorrect concept of family role (the husband’s word is the law).

Even in developed countries, lawyers say that most crimes against individuals are committed in families. And women suffer the most.

The causes of violence lie in both external and internal factors.

What to do in such a situation

A common mistake made by victims of domestic violence is to keep silent about the problem and want to come to terms with it. There can be many reasons:

• mentality: the idea that this is the norm, agreement with the patriarchal structure of the family, etc.;
• affection, warm feelings for the offender;
• fear of physical harm from a partner;
• fear that the offender will get off with a fine and return home;
• reluctance to destroy the family, especially if there are children together;
• the situation is perceived as a personal shame;
• protective psychological mechanisms: justifying the actions of the rapist, blaming the victim for her partner’s actions, etc.

Domestic violence should never be tolerated: the problem will not go away on its own, and will only get worse over time. The victim must carefully plan an exit strategy and immediately begin to take active action.

Be sure to tell your loved ones

The first step of a victim of a domestic tyrant is to have a frank conversation with loved ones about existing problems in the family. You can share your troubles with relatives, friends, colleagues, and good acquaintances.

• During the story, try to refrain from emotions - concentrate on the facts.
• Don’t be afraid of misunderstanding, criticism or ridicule: your health and well-being are important to your loved ones, so they will definitely understand the problem and take your side.
• Choose a place for conversation so that you are not distracted or disturbed; the absence of outside listeners is also important.

Where to go for help

Children, women, men who have been subjected to violence by a member of their family should not remain silent about it. By hiding the problem, you only make the situation worse: the abuser feels impunity and strength, while you lose self-esteem and faith in yourself.

You can report domestic pressure to one of the social services that help in the fight against a domestic tyrant:

1. public project “No Violence”;
2. crisis center for assistance to women and children - https://krizis-centr.ru/ (for Muscovites);
3. Charitable organization for helping rape survivors “Sisters” - tel.;
4. free hotline for victims of domestic violence - 8-800-7000-600.

When should you seek help from special services:

• you are afraid of the rapist;
• you feel guilty about what happened;
• don’t find the moral strength to open up to your loved ones,
• no one to share with (no friends, abuser forbids communicating with other people, etc.);
• do not find understanding and support from others (for ideological, religious or other reasons);
• there is no way to leave the rapist (you are in self-isolation or quarantine).

Make a backup plan for your salvation

In the fight against domestic violence, it is important to always have a “backup option”, as well as to be prepared for any development of events:

1. find a place where you can leave your partner if the situation worsens: return to your parents, make an agreement with a friend, rent an apartment or hotel room, etc.;
2. keep a package of documents, money, mobile phone, keys nearby;
3. talk to your neighbors, ask them for help when the next conflict begins.

Reviews on the topic

The Maori woman had experience with a tyrant. When I realized that he was who he was and that he could not be corrected, she began to tyrannize him herself. Anything that went wrong, I shooed it away. And only then did I understand his feelings. It became clear how he escalates the scandal, how he feels the victim, and how he sees that the victim will not go anywhere and will forgive. Everyone can take a closer look at their own situation, but this requires nerves of steel...

The queen of diamonds “reached the very bottom” and switched roles with the tyrant. But nothing good came of it.

https://www.u-mama.ru/forum/family/conflicts/783856/4.html

Renat believes that he is a narcissist and an abuser. He humiliates his girls, he can shout and hit. He thinks that the script was laid down in childhood. He was constantly beaten by his older brother, and his brother by his father. There was constant fear. After his brother's death, Renat breathed a sigh of relief.

But within a year, his wife and child and 3 girls who felt bad with him left him. But it was bad for Renat too. He would like to change, read something or watch a video, but he doesn’t want to go to a psychologist.

https://psycheforum.ru/topic/155808-ya-tiran-abyuzer-i-narcis/

Unfortunately, few abusers and tyrants agree to go to a psychologist. Many of them are not even aware of their problem. But it remains, and puts pressure not only on them, but makes the women close to them unhappy.

How to behave during an incident

There is no single correct answer to the question of what to do in the event of an outbreak of domestic violence: everything depends on the specific situation, but in no case should you resign yourself to inaction.

• If possible, it is best to get away from the rapist by leaving the apartment.
• If it is impossible to escape, the victim may resort to self-defense.

The line between self-defense and attack is very thin: the harm caused by the victim to the rapist should not exceed the damage caused to her. If the limits of necessary self-defense are exceeded, the victim may be brought to criminal liability (Articles 114.1, 108.1 of the Criminal Code of the Russian Federation).

Exceeding the necessary self-defense measures is permissible only in the event of a “surprise attack”, when the victim cannot adequately assess the degree of danger to life and health.

When is self-defense not a crime?

Self-defense is not considered a crime if:

- the assault was associated with violence dangerous to the life of the defender or another person, or with an immediate threat of such violence. For example, if the attack was committed with a weapon, knife, ax, etc., then there was a risk of fatal injuries; - due to the surprise of the attack, the defending side could not assess the level of danger. It is worth noting that such circumstances may be difficult to prove in court.

In cases of an attack that is not life-threatening, defense appropriate to the nature of the attack is permitted.

What to do after

Algorithm of actions after any physical or sexual impact:

1. consult a doctor to document beatings, injuries, or other injuries;
2. write a statement to the police or contact other domestic violence prevention authorities.

If you resorted to self-defense and the attacker was physically harmed, it is unacceptable to remove signs of a struggle or wash away the consequences of violent actions: they are necessary to record the crime and the sequence of events. Destruction of evidence may not only be interpreted as an evasion of responsibility, but also contribute to the finding of your self-defense as intentionally causing harm to another person.

How to leave a rapist

The first thing to do if cases of pressure or violent actions become more frequent is to present your partner with a choice: either he radically changes his behavior, or you leave home. If the situation repeats itself, there is no need to give the offender a “second chance” - leave home.

1. Don't be afraid to take the first step: you are only protecting yourself.
2. Do not listen to persuasion to return home and “forgive everything.”
3. If you have children, then take them with you: the law is on your side.
4. If you are afraid of a rapist, at first live with friends or relatives, not alone.

Will it be possible to change your partner and save your family?

The answer is clear: no. The peculiarity of family tyranny is precisely that the impact on the victim is regular. One blow will be followed by others, and the absence of punishment will free the hands of the rapist and give him confidence in his own rightness.

Do not give in to threats or manipulation: your life and health are at stake, so social conventions should go by the wayside. Also, you should not hope that a person will change, since the cause of domestic violence is a conscious desire to harm you to achieve their own gain.

Ekaterina, Murmansk: “I left him the moment he put a razor to my throat”

We met Roma in 2003 in Murmansk. After school, I, a young fool, fell in love with my neighbor next door. He was eight years older than me. We started dating, he was pleasant, courteous, and did not show any aggression towards me. The first conflict, which escalated into a fight, happened a few months later. He drank and began to persuade me to have anal sex (sorry for such details), to which I did not agree. After refusing, he pulled me by the hair and kicked me in the stomach. I broke free and ran away. God! What a fool she was... I should have stopped all communication right away...

Related article Exemplary flogging: why Americans want to imprison hockey player Voinov

In the morning he called me on my home phone, tearfully begging for forgiveness. He asked me to come to him, and I did so. He cried, begged for forgiveness, and offered to move in with him. I agreed - I still continued to like him very much. I thought, well, the man had been drinking - he was probably drunk and didn’t think about what he was doing. I moved my things and started living together. This was the second fatal mistake...

My parents were against our relationship, and at my father’s insistence I went to study in Yekaterinburg. I finished my first year, and my “abnormal love” called me back. We resolved the issue with my parents, he allegedly waited for me for a year - as I later found out, he had been cheating with different girls all this time. I returned back to Murmansk, went back to college, and started renting an apartment. He came to live with me. At first everything was great. But then it started... He didn’t allow me to be close friends with anyone, except his friends, maximum - communication at the institute. I was not allowed to go anywhere without his permission. Sometimes he gave slaps when they were arguing. I was 20, but I had turned into a housewife. By the way, he worked, but didn’t spend a penny on me. We lived at the expense of my parents - they are quite wealthy people. All the money was somehow spent only on Roma - gatherings with friends, beer, which he drank every day. What was left for me... I spent on groceries. I could only buy anything at the market and no more than once every three months. In the summer, I, he and my sister went on vacation to Kaliningrad and lived with my relatives. Again at their expense. The first time my little sister saw him hitting me was when we didn’t want to turn on his favorite show on TV. I was sitting on the bed, he hit me in the forehead with his fist, and I hit the back of my head very hard against the wall. Naturally, everyone quarreled. But there is nothing to do, there is nowhere to kick him out, the tickets have been purchased. Before returning home they made up again.

When the soul hurts. Who to turn to for help in difficult times?

Read more

How to understand that a person is prone to violence

The following signs indicate a tendency toward violence:

1. the desire for complete control, which can be hidden behind guardianship and care;
2. excessive intrusiveness, desire for complete presence;
3. disrespectful attitude towards women (including verbal);
4. desire to limit your social circle and contacts with relatives;
5. humorous criticism and insults;
6. shifting responsibility for all events from oneself to a partner.

Despite the fact that domestic violence against women has ceased to be a criminal offense (except for serious injury), the importance of this problem has not diminished. It is impossible to hide from tyranny on the part of a loved one at home; the danger comes from those who are supposed to help and support in case of trouble.

To defeat a domestic tyrant while maintaining your psychological and physical health, you need to soberly assess the situation and find the strength to take the first step.

Warning and Response

A growing body of evidence from well-designed evaluations provides evidence of what constitutes effective interventions to prevent violence against women. In 2021, WHO and UN Women, with the support of 12 other UN and bilateral organizations, published the RESPECT women report, a framework for preventing violence against women aimed at policy-makers.

Each letter of the word RESPECT is the first letter of the name of each of the seven strategies: Relationship skills strengthening; E mpowerment of women (empowerment of women); S services ensured (ensuring the provision of services); P overty reduced; E nabling environments created (creating favorable conditions) (in schools, at work, in public places); Child and adolescent abuse prevented; and T transformed attitudes, beliefs and norms (transformation of behavior, beliefs and norms).

Each of these seven strategies provides a range of interventions in situations where resources are limited and when resources are sufficient, with varying degrees of proven effectiveness. Examples of promising interventions include providing psychosocial support and counseling to victims of intimate partner violence; women's socio-economic empowerment; cash payments; counseling spouses on improving communication skills and maintaining family relationships; outreach to the population to change gender perceptions and stereotypes, according to which gender inequality is considered the norm; school programs that emphasize school safety, prohibit harsh punishment, and curricula and materials that help overcome gender stereotypes and instill attitudes based on equality and consent; and the participation of women and men in joint training programs to discuss gender inequality and serious problems in relations between women and men.

RESPECT also demonstrates that successful and effective programs are those that focus on women's safety first; the main elements of which are designed to eradicate gender inequality and change the nature of relations between men and women; that allow for broad and active participation; aim to reduce multiple risk factors through a range of interventions and reach people from the earliest stages of their lives.

To ensure sustainable change, it is important to enact and implement legislation and policies that promote gender equality; allocate resources to prevention and response; and invest in the creation of women's rights organizations and their activities.

• RESPECT women is a conceptual framework for preventing violence against women.