Hitting means ruining: new measures to combat domestic violence are being prepared in the Russian Federation

The State Duma is preparing new measures to combat domestic violence. The initiative suggests the possibility of initiating criminal cases without a victim's statement. We are talking about cases of minor injury to health. Up to half of all episodes of domestic violence do not reach the stage of initiation of a case due to the lack of a statement, even if the police arrive at the crime scene and beatings are recorded, experts emphasize. The reasons lie in the victim's dependence on the aggressor, fear and shame in front of society. Whether the new rule will allow victims to be protected is in the Izvestia article.

Protection measure

New measures to combat domestic violence may appear in Russia. The State Duma is preparing a bill providing for the initiation of criminal cases under the article on causing minor harm to health without a victim's statement. The first deputy chairman of the State Duma Committee on Science and Higher Education, Ksenia Goryacheva, is working on a corresponding initiative.

The parliamentarian is convinced that domestic violence remains one of the most hushed-up topics today, especially when it comes not to serious injuries, but to regular beatings.

In this regard, she wants to amend part 2 of Article 115 of the Criminal Code of the Russian Federation, writes TASS. We are talking about a new qualifying feature — the possibility of initiating a case without a statement if the victim is dependent on the offender (financially, domestically or psychologically). The innovation will make it possible to transfer such incidents from private to public accusations.

Goryacheva intends to submit the bill to law enforcement agencies so that they can use it as "a tool for action before a tragedy occurs."

The editorial board of Izvestia sent a request to the New People party, the Ministry of Internal Affairs of Russia and the Supreme Court of the Russian Federation. No responses had been received at the time of publication.

Vulnerable position

The problem of domestic violence in Russia remains chronically severe, says Sean Betrozov, a practicing lawyer at the Moscow Chamber of Lawyers and a member of the Russian Bar Association. Tens of thousands of crimes committed in the context of family and household relations are recorded annually. Tragic fatal cases regularly appear in news reports, says Marina Medvedeva, head of the social orphanhood prevention and family strengthening programs at the SOS Children's Villages charity organization.

— However, the official figures do not reflect the scale of the disaster. The actual number of cases of violence is many times higher, since the bulk of such crimes remain outside the field of view of law enforcement agencies," Betrozov emphasizes.

The elderly, the disabled, teenagers and women with children are particularly vulnerable categories of the population in the case of domestic violence, he lists.

— They cannot physically defend themselves, do not have access to legal assistance, and do not have information about their rights. Their dependence makes resistance impossible and help unavailable," the lawyer draws attention to the difficulties.

The problem also lies in the fact that in Russia today there is no uniform law on the prevention of domestic violence, Betrozov believes. There is no definition of this phenomenon in the legislation, no special mechanisms for isolating the offender, and no system for the urgent protection of victims.

— The police are limited in their tools. District police officers often act within the framework of instructions that do not allow them to interfere in family life without a statement. Judicial protection is also limited — the victim must independently pursue a case, hire a lawyer, and collect evidence," the lawyer says of the difficulties.

At the same time, up to half of all cases of domestic violence do not reach the stage of initiation of proceedings due to the lack of a statement. The victim does not write it or picks it up later, even if the police arrive at the crime scene and beatings are recorded, the Izvestia interlocutor clarifies.

Among the reasons for this behavior, he highlights the fear of the offender. A victim who lives with the aggressor under the same roof and raises children together, as a rule, depends on him financially, and she simply has nowhere to go.

At the same time, it is often difficult for the victim to talk in society about what is happening at home because of a sense of shame, says acting psychologist Iya Kim.

"If a victim of violence sees the condemnation of society rather than sympathy, then there is every chance that she will not file an application to the appropriate authorities," the specialist warns.

And this is dangerous because the aggressor, feeling impunity, will continue to abuse the victim, the psychologist believes. He understands that there will be no responsibility, because the victim is afraid, Betrozov agrees. As a result, the violence repeats and becomes systemic. Sometimes it ends in serious injury or death.

But the confidence in one's own impunity is not the only reason that the aggressor is guided by, Kim believes. Among other factors, the psychologist identifies a thirst for power — the desire for total control leads to an obsession to get results by any means.

Also, the perpetrator, according to Kim, can attack under the influence of his own injuries if he saw such a pattern of behavior in childhood from his parents. Children living in an atmosphere of violence suffer severe psychological trauma, even if they themselves are not beaten, Betrozov confirms.

— Such children are more likely to suffer from depression, anxiety, and behavioral disorders. In adulthood, they can repeat violent patterns in their families," the lawyer points out.

In addition, possible causes of aggression include emotional instability, inability to control impulses, alcohol or substance use, high levels of stress and tension, and lack of adequate psychological support, adds Medvedeva.

— This is not a verdict, and in the early stages, when violence is not yet happening, it is possible, if the person himself wants to fix the situation, to work with it to prevent a tragedy. But the key to this is the desire of the potential aggressor himself to change," the expert clarifies.

Simplification of the order

The rule of law requiring that criminal proceedings be initiated in case of minor injury to health only upon the victim's application is applied in most domestic conflicts, as well as in cases of domestic violence, even if the harm to health is obvious, says Sean Betrozov. The new initiative of the State Duma will allow to initiate criminal proceedings in an undeclared manner if the investigation has objective data on the commission of a crime.

— These circumstances will be assessed by an investigator or an inquirer. The grounds for initiating a case will be standard: a police officer's report, an eyewitness report, a medical report, publications in the media or on the Internet," the lawyer lists.

In fact, the initiative involves the transfer of criminal prosecution to the status of a public accusation, says lawyer Alexander Khaminsky, head of the Center for Law Enforcement in Moscow and the Moscow Region. As a general rule, such cases do not require an appeal from the victim or relatives.

"If this category of crimes is transferred to public ones, the criminal case will be brought to court in any case," the expert explains.

This, according to Betrozov, will bring such proceedings closer to the standards of protecting the rights of vulnerable categories of citizens and open the way to preventing repeated episodes of violence.

However, the initiative can also increase the latency of such offenses, Khaminsky believes.

— As a result, victims of domestic violence who previously applied to the police for measures of influence, but did not want the offender to receive a sentence, may begin to hide the facts of domestic violence. Preventive measures by the police will become impossible for the same reasons," he warns.

According to the lawyer, many citizens will refuse to recognize themselves as victims in the criminal procedure procedure, which will create serious problems for the body of inquiry.

In addition, if the new rule is adopted, the burden on law enforcement agencies and courts will increase, Betrozov believes. The police, in particular, will have to consider more appeals, conduct more checks, which will require additional personnel, reallocation of functions and revision of departmental instructions.

At the same time, the courts will receive more cases that are complex in terms of evidence, the lawyer warns. It will require the active use of medical examinations, analysis of recordings from surveillance cameras, testimony from neighbors and reports from police officers.

— However, this burden is justified. The criminal system exists to protect the rights of citizens. If the protection does not work due to a formality, the system loses its essence," the Izvestia interlocutor is sure.

A set of measures

The proposed norm can be an important step towards the systematic protection of victims of domestic violence, but it is not sufficient in itself, Marina Medvedeva is convinced.

— It is extremely important how it will be applied in practice by law enforcement agencies. Will they actively respond to signals from witnesses, carefully collect evidence — including recording beatings — and bring cases to court, the specialist points out.

In order to implement the initiative effectively, a serious organizational restructuring will be required, agrees Sean Betrozov. You will need to create specialized sites, train employees, and implement standard algorithms.

The measure proposed by the bill is only the first step in solving the problem, Medvedev emphasizes. Real protection from domestic violence requires the creation of a comprehensive state system, including a working law with a norm on public accusations of beatings, a well-developed network of safe and anonymous crisis centers throughout the country, effective and conscientious application of the law by law enforcement agencies, affordable psychological, legal and social assistance to victims and programs to work with aggressors.

— It is also important to organize a constant information campaign aimed at de-stigmatizing the problem, informing victims and witnesses about their rights and available protection measures. Without this systematic work, the new norm risks remaining declarative," the specialist warns.

A guide to action

If an act of violence has already occurred, it is important to promptly begin collecting evidence, without which the authorities will not be able to act, recommends Iya Kim.

— We need to record everything, every incident that happened at home. In the process of collecting evidence, it is necessary to try not to provoke the aggressor to new episodes of violence," the psychologist advises.

However, the most effective way to protect yourself is to stop contacting the aggressor and find a safe place at the time of the threat, Marina Medvedeva notes. Crisis centers are becoming a key element of such protection.

— A victim of domestic violence needs to know that she has somewhere to go and stay in this place for a long time. The addresses of such centers should be strictly confidential for the safety of the victims," the Izvestia interlocutor emphasizes.

A person who sees signals about the possibility of violence should also have an "alarm suitcase" with important documents, money, keys and necessary medicines, the expert lists.

— You need to know the helplines, addresses of crisis centers, contacts of lawyers and psychologists, discuss possible actions with trusted persons, and also not be afraid to contact the police, — summarizes Medvedeva.