Domestic Violence Law: New in 2022 Law

Domestic violence is a fairly common problem all over the world. Both men, women, and children suffer from this phenomenon, but the last two categories are most at risk. In 2020, many developed countries have laws that allow domestic tyrants to be brought to administrative and criminal liability. In Russia, around the bill adopted in 2022, a whole controversy unfolded with the participation of politicians, lawyers and even the Russian Orthodox Church. How things stand in the Russian Federation with this law and how to legally and safely protect yourself or a loved one in such a situation.

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What is domestic violence?

The concept of domestic violence includes a number of actions of a physical, psychological, sexual and economic nature. Physical violence includes:

pushing, slapping;
beatings with fists, spankings;
beatings with sticks, belts, hammers, and other heavy objects;
cuts and punctures with a knife or other sharp objects;
hair pulling, spitting, head banging against walls, etc.

Psychological violence includes the following circumstances:

humiliation;
constant criticism;
constant control, surveillance, including checking correspondence, telephones, the use of spyware, security cameras;
threats to kill the victim or her loved ones;
use of derogatory words in address;
creating conditions in which the victim becomes dependent on the abuser and is unable to ask for help;
creating a negative opinion about the victim, presenting her as mentally ill in order to cause distrust of her if she complains;
blackmail, manipulation.

Sexual violence includes not only acts of penetration, but also forced exposure to nudity, touching of genitals, watching pornography or a partner masturbating, and performing reproductive tasks.

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Pavel Yurievich

Area of scientific interests: civil law, automobile law, inheritance, migration law, social law

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An abuser can also use a form of economic violence: not allowing him to work, creating conditions for dependence, controlling expenses by providing all receipts and invoices for purchases, not allowing the use of personal hygiene items, irregularly paying child support, and also blackmailing a partner with money in case of refusal. from sexual intimacy.

Domestic violence is sometimes called domestic violence, and the phenomenon is legally defined not only among legal spouses, but also in couples living in a civil marriage.

Types of domestic violence

This type of violence occurs in the family based on various subtypes:

Physical violence is of the type of direct action on another citizen: wounds and beatings, bruises and kicks. However, the level of expression can be different - from serious bodily injury to simple spanking on a “soft spot”. But one should not exclude from memory that there is also a kind of hidden and veiled violent relationship on the physical plane. It should include habituation to alcoholic products and narcotic substances, the abolition of the opportunity to get enough sleep, relieve oneself and carry out hygienic procedures. This includes failure to provide first aid. This refers to the so-called grandmother science, where there is a refusal to receive blood transfusions or medication treatment, which can subsequently negatively affect health.
Sexual violence. There is one aspect when it is impossible to prove violence between spouses. The spouse is able to simply indicate that he has “overdone” in showing love. Few people may realize that intimate relationships in such a family are literally “hellish.”
Economic violence - strict control functions of distribution of funds, pulling, begging for money. This often also applies to a ban on work or study, total control. But this cannot be attributed to children, since they are most often not able to control money. The child should undoubtedly have small amounts of pocket money for certain needs. And the child is not obliged to beg for money.
Emotional violence can manifest itself in a huge variety, which depends on the personality of the tyrant. However, the main symptom is always the humiliation of the other partner’s personality. It is driven by any means into a “free application”. This depersonalization will help determine the control function over moral actions.

Domestic violence is shifting towards male aggression towards women. This is due to the structure of society. Often men take the most significant role, and women do not like this.

Bill on domestic violence in Russia 2019

In 2022, a bill on Domestic Violence was submitted to the State Duma, since there are quite a lot of prerequisites. In the 21st century, many families still live according to medieval laws, while law enforcement agencies say to victims and their relatives: “If he kills, then we will imprison you.”

In domestic violence, grievous bodily harm is rare, but murder at the domestic level occurs in 70% of cases if there is tyranny in the family. Moreover, sometimes the victims commit murder in the process of self-defense, after which they are accused of exceeding their authority and sent to serve their sentence.

What does the law say? According to Art. 4 The purpose of the law is to support and preserve the family, as well as to provide social and medical assistance to the injured party. The violator will be subject to protective orders, which may result in eviction, provided there is room, and a ban on having any contact with the victim.

If you delve into the essence of the bill, then, if adopted, it will introduce a number of changes to the process of legal interaction between victims of violence and abusers.

However, all of them are aimed at preserving the family, and not at protecting the rights of victims. Therefore, the ongoing controversy around this legal act is completely justified. What are the disadvantages of the law?

Domestic battery is being decriminalized. Previously, for such a violation, the violator could receive up to 2 years in prison. According to the new bill, this is now an administrative violation, for which a fine of up to 30 thousand rubles is expected.
In the absence of evidence, the maximum that the victim can count on is a preventive conversation.
If there is evidence of beatings, the court may issue an order stating that the offender has no right to contact the victim under any circumstances. However, the potential danger for the victim in such situations increases significantly, since this can only anger the tyrant. In addition, the fine will be paid from the family budget, therefore it is indirectly paid by the victim herself.
The text of the bill does not say anything about sexual violence, as a result of which it turns out that partners obviously agree to any actions of an intimate nature.

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.

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.

Mental violence from the point of view of the law

Mental violence or mental coercion is an influence on the human psyche, the purpose of which is to suppress the will. Such violence is carried out through various types of threats to the victim about causing harm to her or other persons related to her. This crime is regulated by Article 40 of the Criminal Code of the Russian Federation.

Methods of mental coercion do not include:

deception;
bribe;
persuasion.

Mental violence also refers to the impact on the human psyche using psychotropic substances. One of the key characteristics of this type of coercion is the fact that the victim is not deprived of the opportunity to understand and direct his actions. Therefore, if a person commits a crime under the influence of psychotropic substances, he will receive the appropriate punishment under the Criminal Code of the Russian Federation.

Difficulties in determining subjective characteristics

To determine whether it is permissible to hold a particular person accountable, it is necessary to consider a set of signs:

personality traits of the criminal;
his goals and motivations;
nature of guilt.

The subject of psychological violence can be a citizen who has reached the age of 16 and is recognized as fully sane. But it can be difficult to establish the subjective side of this type of crime. Complicating the situation is the fact that many people commit psychological violence unintentionally. Due to his upbringing or level of development, the rapist does not realize that he is torturing the victim. Accordingly, he is unable to predict the consequences that may occur as a result of his actions.

What is the responsibility for domestic violence?

While the Bill on the Prevention of Domestic Violence has not been adopted, law enforcement officers rely on Article 116.1. Criminal Code of the Russian Federation. The punishment in case of proof of domestic violence will be:

fine up to 30 thousand rubles. or in the amount of salary for a period of up to 3 months;
community service for up to 240 hours;
correctional labor for up to six months;
arrest for 3 months.

Criminal liability for repeated cases of beatings and rape occurs only in the case of relapses, and this causes concern among lobbyists.

What is “decriminalization”?

Let's first understand what "decriminalization" is, a concept that is often misused.

In criminal law, “decriminalization” means the exclusion from the criminal law of those acts that have ceased to pose a public danger. That is, we can talk about the decriminalization of beatings only when this concept disappears from the Criminal Code and legal relations related to beatings are no longer protected by criminal law.

But the Criminal Code still has Article 116.1 (battery by a person subjected to administrative punishment), which provides for criminal liability for domestic assault, including family assault.

It is important to understand that there has never been any decriminalization of beatings in the family and the law did not make any exceptions for close relatives - any domestic violence may result in criminal penalties. The changes affected only the procedure for bringing to criminal liability, when for the first case administrative punishment is provided and only for the second - criminal punishment.

What to do in case of domestic violence?

Victims of domestic violence must carefully consider their exit strategy. Most do not dare to take real steps due to the fear of aggravating the situation, causing severe anger from their partner, which often leads to more serious consequences.

What a person experiencing violence should know:

Start talking about the problem with loved ones. Talk about what is happening, focusing as much as possible on all the facts.
Be sure to prepare a place where you can go: visit friends, rent an apartment, if possible.
Keep documents with you.
Contact the police and write a statement in writing.
Record beatings in a medical facility.
Ask neighbors for help if they hear screams and ask them to call the police.
Contact the support center in such situations.

Features of psychological violence from the point of view of legislation

Threat is another aspect of psychological violence. This concept is discussed in Article 179 of the Criminal Code of the Russian Federation. According to this regulatory document, criminally punishable methods of coercion are:

threat of violence;
threat of destruction or damage to property;
threat of disseminating information that could harm the victim.

In this case, the threat must be real. This means that the victim has every reason to fear its implementation. In practice, it is very difficult to prove psychological violence. Such cases rarely go to court, although the victim has the right to file a claim for compensation for moral damage.

Most often, psychological pressure is accompanied by physical violence. If it is represented by beatings, torture, infliction of mild or moderate health, then the offender will be tried under the above-mentioned Article 179.

In the presence of physical violence, the chances of bringing the perpetrator to justice increase significantly. But even in this case, the victim must prove the fact of bullying. To do this, you should contact a medical center to film the beatings and enlist the support of witnesses.

What is important to know about self-defense

Quite often, women suffering from domestic violence try to respond to their partner in the same coin, but the line between self-defense and abuse is quite thin. The human body is designed in such a way that in a critical situation it uses all resources for survival and a sharp surge of adrenaline can lead to disastrous consequences.

The law allows the victim to defend his life and integrity, but prohibits inflicting bodily harm or harm to the life of the offender. Therefore, of course, it is better, at the slightest preconditions of tyranny, to contact law enforcement agencies and record incidents.

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.

Sexual assault

If the offender did not commit natural sexual contact with a minor, but carried out other sexual forms of violence, he will be held liable under Art. 132 of the Criminal Code of the Russian Federation. Another important difference of this composition is the ability to prosecute a crime against a minor boy. As part of sexual acts of a violent nature, Article 132 of the Criminal Code of the Russian Federation directly refers to sodomy and lesbianism, but this list is expansive.

Punitive sanctions will also vary significantly depending on the age of the victim:

for part three, imprisonment will be imposed by the court in the range from 8 to 15 years;
according to Part 4 of Art. 132 of the Criminal Code of the Russian Federation, if the child has not reached the age of 14 years, imprisonment threatens for a term of 12 to 20 years;
under part five, if the rapist was previously convicted of a similar act, the duration of imprisonment will be from 15 to 20 years, or a life sentence will be imposed.

Note! The voluntariness of sexual contact has legal significance only when the child reaches the age of 12 years. If the specified age has reached and the child has given consent to any form of sexual relations, the punishment will be imposed according to the rules of Art. 134 of the Criminal Code of the Russian Federation.

Due to the peculiarities of the child’s psyche and the inability to fully understand the nature of the actions taking place, the division of responsibility between Articles 131 or 132 of the Criminal Code of the Russian Federation will occur only on the basis of an examination and the collected evidence. The presence or absence of sexual intercourse in a natural form will be of key importance, and only an expert can give an opinion on this fact.

If violent acts were committed by a minor, he is subject to punishment provided that at the time of sexual intercourse or other actions of a sexual nature he reached the age of 14 years. Juvenile offenders before reaching the specified age will avoid responsibility, and the criminal case will be dismissed.

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 much do they pay for raping a child?

The system of criminal sanctions for any form of sexual relations involving minor children is regulated by Articles 131-135 of the Criminal Code of the Russian Federation. The most serious crime is rape of a child, for which Art. 131 of the Criminal Code of the Russian Federation provides for the only possible punishment - a prison term. To investigate cases involving child rape, the general rules of Art. 131 of the Criminal Code of the Russian Federation, which include the following characteristics:

Rape refers to sexual contact committed against the will of the victim. In the case of violence against a child under 12 years of age, the presence or absence of consent has no legal significance, since at such a young age the helplessness of the child’s condition is recognized;
Only a female person can be recognized as a victim of rape, and if a boy is subjected to violence, punishment will follow under Art. 132 of the Criminal Code of the Russian Federation;
The law recognizes the use of physical force or the expression of a threat of physical harm as a mandatory sign of rape. Violence or a threat can be expressed not only against the victim, but also against another close person.

Note! During the investigation under Art. 131 of the Criminal Code of the Russian Federation applies not only the general age from which adulthood begins. Various parts and notes of this article contain additional age gradation of crime victims.

The law provides for different penalties for the rape of children depending on their age characteristics:

in part three - the punishment is established for forced sexual intercourse with a girl under the age of 18;
in part four, sanctions will follow for forced sexual intercourse with a child under 14 years of age;
under part five, liability occurs provided that the offender has previously been convicted of a similar act.

Note! If actual sexual intercourse did not take place in a natural form, the punishment under Art. 131 of the Criminal Code of the Russian Federation cannot be applied. For other forms of sexual violence or voluntary sexual contacts with minors, Articles 132-135 of the Criminal Code of the Russian Federation will be applied.

Initiation of criminal cases under Art. 131 of the Criminal Code of the Russian Federation for rape of children occurs by filing a statement from the legal representatives of the girl or the victim herself, or independently by law enforcement agencies when these facts are identified. A report of a crime committed against a child can be submitted by employees of authorized guardianship authorities, medical staff of medical institutions, etc. For example, when a child is raped in the family, a statement from the parents may be absent in order to avoid publicity and criminal prosecution. In this case, only the timely reaction of other persons will make it possible to bring the criminal to a fair punishment.

The algorithm of actions to bring the criminal to justice is as follows:

immediately after identifying the fact of sexual violence, you must report it to the police;
the statement indicates all the circumstances of the crime, information about the identity of the rapist (if they are known to the victim or applicant);
as part of investigative actions, the victim and suspect are sent for a medical examination, which will establish the fact of sexual contact and the nature of the damage to the child’s health;
The legal representatives of the victim may be parents, guardians and other persons. For example, if a crime was committed by the girl’s father, the guardianship authorities may be recognized as the legal representative.

The terms of imprisonment will directly depend on the age of the victim and the applied part of Art. 131 of the Criminal Code of the Russian Federation.