Let's talk about domestic violence. Do you also think that the expression “hitting means loving” is correct and makes sense?! No, you definitely need to do something in this situation. Initially, you need to understand whether it is possible to preserve family relationships.
Can a woman forgive everything and not remember the offender all the pain that he brought her with beatings? Often, in order to understand everything, it is necessary to seek the help of a family psychologist who specializes in these issues.
What to do if a husband beats his wife?
If nothing could be resolved, everything has gone too far, then of course heavy artillery is needed with shots right on target:
- Reporting beatings to the police as soon as possible after the incident, because abrasions and bruises heal, which means evidence of harm to health disappears
- We receive a referral for examination and determine the extent of the beatings. It is possible that we will talk about more serious consequences, because the female body is weaker, male aggression is destructive in impulse
- We demand administrative, criminal, civil liability, compensation for moral damage, and punishment of the perpetrator.
Where else can you turn in a situation of domestic violence?
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Center for socio-legal and psychological support for women “Nadezhda”.
Hotline, (499) 492-06-48.
All-Russian helpline for women subjected to domestic violence:
8-800-7000-600.
Independent charity center for survivors of sexual violence “Sisters”:
8(499)901-02-01.
Moscow service of psychological assistance to the population:
8(499)173-09-09.
In St. Petersburg - “Duty LAWYER”:
(812) 996-67-76.
Moscow City Health Department:
8-495-251-14-55 (24 hours a day).
How to record beatings of a husband?
After a beating by a husband has occurred, the beating can be recorded in several ways:
- call the police and file a report against your husband about beatings
- contact a medical organization to record the beatings and obtain a certificate of beatings
- if the police were not called initially, then contact the police after the medical organization
- You can also take a photograph of the battered victim. Perhaps, when contacting the police, they will make a photo table of the marks of the beatings
It should be noted that the most accurate option for recording beatings is to contact a medical institution as soon as possible and obtain a certificate.
If the police were called first, then upon arrival the police have the right to call an ambulance, and if they went to the hospital first, then the doctor is obliged to inform the police about the beating of a specific person.
Features of the crime
Not every beating by a husband of his wife will be classified under the article “Battery”. For qualification, the circumstances of the offense and, above all, the degree of harm caused are taken into account.
After all, beating a wife can also be done in different ways. Sometimes the beating ends in the death of the spouse. In this case, there can be no question of beatings.
In current legislation, there are three degrees of harm caused to health:
- Mild – involves 10% loss of performance and health impairment for no more than 21 days. These actions include beatings. As a result of the beating, the spouse receives minor abrasions, bruises, and hematomas.
- Average – assumes 30% loss of performance and health impairment for more than 21 days. Such injuries include various fractures and concussions.
- Severe – serious injuries that threaten the life of the victim. This may include facial disfigurement, loss of hearing or vision, rupture of internal organs, spinal fracture, etc.
The severity of the harm caused is determined by the conclusion of a forensic medical examination.
It is the degree of severity that will determine under which article your husband will be judged. The main thing in this matter is to record the beatings in a medical institution in a timely manner and as quickly as possible.
In addition, the most important factor, in addition to the degree of damage, for a correct qualification is the frequency of the commission of such crimes by the tyrant husband.
The first attempt to commit beatings is classified as an administrative offense, a repeat attempt is a criminal offense.
How to write a police report against your husband?
When contacting the police, the victim may be given a crime reporting form. If such a form was not issued, then write a statement in free form, indicating the following information:
- name of the police department to which the statement is being written
- information about the applicant, namely, full name, date and place of birth, passport details, place of residence, telephone number
- title of the document – statement of crime (about beatings)
- the text of the application indicates the circumstances of the crime committed against the applicant, i.e. by whom, when, under what circumstances the beatings were inflicted, what parts of the body were struck, etc.
- in the pleading part of the application, the applicant indicates his request to initiate a criminal case and bring his husband to criminal liability for assault
- the application should also indicate that the applicant has been warned of liability for knowingly false denunciation
- if any documents will be attached to the application, list them in the attachment
- The application must be dated and signed by the applicant
Regulatory acts regulating liability for beatings of loved ones
Currently, punishment for beatings, including beatings of family members, is provided for in two articles:
- 6.1.1 Code of Administrative Offenses - for a violation committed for the first time.
- 116.1 of the Criminal Code - for repeated beatings inflicted within a year after the previous ones.
Art. 6.1.1 Code of Administrative Offenses
Both for beating strangers (in the absence of motives provided for in Article 116 of the Criminal Code) and for beatings in the family, Article 6.1.1 of the Code of Administrative Offenses provides for the following punishment:
- penalties ranging from 5,000 to 30,000 rubles;
- detention for a period of 10 to 15 days;
- compulsory work for 60–120 hours.
What to do if your wife writes a statement about beatings?
How a husband should act if his wife wrote a statement about beatings depends on the specific circumstances of the case, namely, whether the husband inflicted the beatings or not.
In the case where the husband did not beat his wife, appropriate explanations should be given, and also try to “catch the wife in a lie,” but this is better done in a court hearing, when the case is considered by the court. At the same time, if, for example, the husband did not inflict beatings because he was not near his wife at all, and this can be confirmed by witnesses, it is necessary to petition for the interrogation of such witnesses.
It is possible that the husband did not inflict the beatings, but on the contrary, the wife inflicted the beatings on the husband; in this case, the husband may write a counter-statement to hold the wife accountable for the beatings.
If, nevertheless, beatings were inflicted, then it is worth thinking about the possibility of reconciliation with the victim and termination of the criminal case on this basis. Even if you really don’t want to reconcile, you should overcome yourself and reconcile with the victim, or at least try to reconcile. It is in the interests of the husband that the criminal case be dropped, otherwise he will face a criminal record for assaulting his wife.
What responsibility does a husband face if he raises his hand against his wife?
Everything will depend on the severity of the beating, but in any case, this is the first thing you should know and the degree of responsibility will be higher depending on the severity of the harm caused by the beating, because harm to health can be mild, moderate and severe.
Responsibility for beatings arises according to the Criminal Code of the Russian Federation and it is as follows:
- If the beating is not severe and minor harm to health is caused , which is determined by a forensic medical examination, because minor harm to health is a short-term health disorder, general ability to work is slightly lost, in general it can be bruises, abrasions, contusions and other damage that was not caused serious harm to health, there is a bruise and it passed without consequences. In this case, you can be held accountable for such an act under Article 115 of the Criminal Code of the Russian Federation. As such, liability for this act is a fine of up to 40,000 rubles, or compulsory labor for up to 480 hours, or corrective labor for up to 1 year, or arrest for up to 4 months. In general, there is no smell of punishment here as such, well, at least of course it’s up to you to judge, but still, I think you can influence your spouse here by arrest, a fine is always a blow to the family budget, and 40,000 I’ll tell you this is not a small amount for a family and a fine here the problem cannot be solved, it will only put the family in an even worse situation, but correctional labor or compulsory labor also disciplines;
- But here, too, if harm to health was caused intentionally , then the perpetrator can be prosecuted under Articles 111 of the Criminal Code of the Russian Federation for causing grievous harm to health and 112 of the Criminal Code of the Russian Federation for causing harm to health of moderate severity;
- Have you received death threats? In this case, the act is qualified under Article 119 of the Criminal Code of the Russian Federation and the punishment can be up to 480 hours of compulsory labor, or restriction of freedom for up to 2 years, or forced labor for up to 2 years, or arrest for up to 6 months, or imprisonment for up to 6 months. 2 years;
- If a husband beats systematically , then this is classified as repeated beatings or repeated violent acts over a certain period of time, and such acts are classified under Article 117 of the Criminal Code of the Russian Federation, this is torture. But this can be considered torture if short periods of time pass between incidents, for example 2-3 days or a week;
- Now I want to talk about beatings , and here everything is not as simple as it might seem, because there may be no traces of beatings, especially since delivering a single blow cannot be qualified as beatings. For beatings, the inflictor of harm is held accountable under Article 116 of the Criminal Code of the Russian Federation. Batterings do not always leave marks, but beatings can appear on the victim’s body as scratches, abrasions, hematomas, and bruises. To record visible or invisible damage, you need to consult a doctor or medical expert, because only a person with knowledge in the field of medicine can clearly determine the mechanism of formation of damage, their location, determine the time of their occurrence, signs characteristic of a specific type of damage, and also characterize the object or the manner in which the damage was caused. If there are no visible traces of beatings, then the fact of the presence of beatings is characterized by the complaints of the victim, because it is the complaints that are reflected in the medical examination, and the reaction to palpation of the areas of the body where the beatings were carried out is also described. Also included under beating are such actions as wringing (twisting) hands, pulling out hair, hitting the face with palms, choking techniques and other impacts causing physical suffering.
How to withdraw a police report against my husband?
Some victims, first in a fit of anger and resentment, run to the police and write a statement against their offender. When the anger passes and the victim calms down, especially when the husband comes to reconciliation, then there is a desire to withdraw the statement against the husband from the police. Is it possible to withdraw a statement from the police and how to do it?
In general, there is no possibility of withdrawing your statement from the police, since the statement of crime is recorded in special journals, investigation materials are opened based on it, and criminal cases are initiated.
In some cases, you can refuse the application and ask to dismiss the case. However, in these cases the question arises about the grounds on which the person applies. If the victim wrote a statement about her husband falsely committing a crime against her, then she can be prosecuted for knowingly false denunciation. If the victim reconciles with her husband, the case will be closed due to reconciliation.
Aggression sits inside
A woman who has experienced violence needs moral and legal support. But husbands who use aggression towards those closest to them also need help. Dina believes that those who are crippled are the ones who are crippled, and psychologists should also work with them.
“It should be built like labor camps.” Something between a prison and a hospital. Let them work hard, work with specialists at the same time, change their consciousness, and realize their fall. Our entire policy is aimed at saving a woman - treating, supporting, bringing her back to life. But the husband remains the same. Even if you kick him out, he will find another woman, go to his mother, beat his mother, start beating his sister. Here we need to work comprehensively. The woman is protected by the police, she finds refuge in crisis centers, and the men are left with their unresolved problem, with the aggression that still sits inside them.
According to Dina, we also need to look for new forms of work with crisis centers. For now, the crisis center is certainly a salvation: a woman finds shelter, bed and food there. But ideally, it is necessary to restructure the work of the centers so that they are focused on the social adaptation of women: so that after everything that has happened, she can find her place in society.
“We need to teach a woman to defend herself, give her legal support,” says Dina. — Explain how to properly navigate the authorities: in our country, such knowledge is very useful, since in the Kazakh authorities no one welcomes anyone with open arms, you need to be able to fight for yourself. Issues of socialization are important: undergo training, get an education, go out into the world, gain economic independence from her husband, explain what support from the state she is entitled to. Sheltering, hiding, feeding, protecting from her husband is an urgent measure aimed at giving a woman a temporary respite.
- Let's take one of the latest examples. The husband and wife have a joint household, a large house, and five children. And the husband kicks the woman out, takes away the house, and moves in tenants. The wife was sheltered by a crisis center, she waits out an acute period there, then comes out - and she has no starting points. A woman needs to be taught: here the guardianship authorities will help you, here the juvenile police, here the crisis center, and here the police. In our country it is difficult to find help that would radically change the situation.
Problem number one: no one wants to take responsibility for domestic violence. The Ministry of Internal Affairs is now forced to do this - due to the fact that criminal and administrative responsibility are separated, the police distribute this responsibility between themselves and the courts. But there is no body entirely responsible for combating domestic violence.
If we had a Ministry for Family and Children Affairs, we could ask from this ministry what kind of legal, legal and social assistance and where can victims of violence get it? Then it would be possible to control the guardianship authorities, the police, schools, and courts. It would be possible to keep statistics, which we still do not have, then the work would be more efficient.
“But the Ministry of Internal Affairs carefully hides this statistics from us: how many people are registered for violence in Kazakhstan, how many dysfunctional families, how many women who do not go to the police because of beatings, but only to the hospital, how many children who suffer from that there is violence in their homes. Many teachers also see such children, know about their suffering, and even try to help them, involve them more in school life in order to distract them from problems at home - but this is a personal initiative of people, they do this regardless of the state program. Why not make it mandatory to keep records of families where everything is dysfunctional? But there is no comprehensive work here, there is no responsible person. There is no minister who would be responsible for this.
For now, everything is at the level of recommendations. There is a recommending body - the National Commission, and there is a recommending body - the Committee for the Protection of Children's Rights under the Ministry of Education. These bodies cannot entrust something to someone by order, and they do not have a budget from the state to act.
Right to defense
Like every citizen of our country, a child has the right to protection. His interests can be represented by children’s rights ombudsmen, social educators, teachers, employees of guardianship authorities, departments for minors’ affairs and the protection of their rights,
No parent should think that the little man they born is completely theirs and they can do whatever they want with it.
Both the victim himself and neighbors and school employees can report an offense and demand the intervention of law enforcement agencies in a situation that threatens life and health.
They say about this:
- Constitution of the Russian Federation.
- Convention on the Rights of the Child.
- Education Act.
- Family code.
Attention! Many lawyers undertake to defend the interests of children for free, realizing the harm that can be caused to a defenseless creature.
Helplines for social and psychological assistance to families and children in Moscow:
205-05-50 (free, 24 hours a day).
Moscow, Crisis:
122-32-77 (24 hours a day, free of charge).
Moscow psychological assistance service:
051 (free, 24 hours a day).
Emergency psychological helpline:
(495) 575-87-70.
Center for Emergency Psychological Assistance of the Ministry of Emergency Situations of Russia:
in Moscow, in St. Petersburg.
Psychological assistance to women:
(495) 282-84-50.
“Salvation” is the only inpatient crisis center in the entire Moscow region for women who have suffered from violence and find themselves in difficult life situations
Phones: 572-55-39.
What is considered beating and legislative measures to combat it
Russian laws do not provide for significant differences between domestic violence and violence in general, directed at third parties. Thus, marital status does not mitigate or minimize punishment.
Beating is a multifaceted, flexible concept. Therefore, the Ministry of Health of the Russian Federation usually divides the physical harm caused into the following categories:
- beatings;
- mild, moderate and severe harm to health.
The Criminal Code of the Russian Federation provides for special sanctions for beating (especially if it is torture - regular infliction of harm, that is, beating occurs two or more times over the course of one calendar year) or infliction of any physical injury. This also includes psychological violence.
So, depending on the physical damage caused, different codes will be used, and, therefore, different responsibilities and classifications of violation of the law will be used: for a one-time case of beating, the husband faces administrative punishment, for frequent precedents - up to 3 years of imprisonment. If within one year the husband has already been brought to the police for causing physical harm, then repeated liability for this will already be criminal.
