I have been raped by domestic violence. In the past six months, I seem to live in a nightmare. I have to say everything about domestic violence. ”
This is the cry and help of Yu Ya, the online Red make-up blogger, on Weibo. The helplessness in the elevator, the desperation dragged by people, makes people feel depressed across the screen. But Yu Ya’s soft hearted choice to forgive, in exchange for a more serious beating later.
After Yuya’s voice was heard, Jiangbei District branch of Chongqing Public Security Bureau responded that relevant departments attached great importance to the investigation, intervened in the investigation at the first time, municipal and District Women’s federations would provide help and services for the parties, and Jiangbei District political and legal departments had carried out investigation and handling according to law.
But behind Yuya, how many people with similar experiences become “silent Lambs”.
Some netizens ask, does it belong to domestic violence for boyfriend to beat girlfriend? What is the difference between domestic violence and intentional injury in criminal law? What kind of legal responsibility does the perpetrator need to bear? What should I do if I encounter domestic violence?
In response to these issues, the reporter of Legal Daily interviewed GUI Fangfang, a senior partner of Shanghai EFEO law firm, bringing professional interpretation.
Is it domestic violence for boyfriend to beat girlfriend?
In fact, domestic violence is not a domestic matter. As early as March 1, 2016, the anti domestic violence law of the people’s Republic of China has been formally implemented. It provides for the protection of the legitimate rights and interests of family members, and at the same time, the supplementary provisions stipulate that “violence committed between people living together outside the family members shall be carried out with reference to the provisions of this Law”.
This means that the violence between people who have custody, foster care and cohabitation relations belongs to the scope of domestic violence and is subject to legal constraints. Therefore, the violence between cohabiting male and female friends can also belong to domestic violence.
Domestic violence and crime of intentional injury in criminal law
What’s the difference?
When it comes to domestic violence, the first thing you think about is that a husband beats his wife (or his wife beats him), but this is just a form of domestic violence. Domestic violence refers to the physical and mental violations among family members by beating, binding, maiming, restricting personal freedom, and frequently abusing and intimidating.
It can be divided into physical violence, mental abuse, sexual violence and economic control.
1. Physical violence mainly refers to the behavior that the aggressor causes physical or psychological injury to the victim by beating, binding or restricting the personal freedom of the victim;
2. The main manifestation of mental violence is actually cold violence. The aggressor tortures the victim by insulting, abusing or keeping a cold attitude and refusing to communicate, which makes the victim feel empty or humiliated;
3. Sexual violence refers to forcing the victim to have sex in the way of humiliation, fear and conflict even when the other party clearly refuses;
4. Economic control mainly refers to the control of a series of things closely related to life, such as the husband and wife’s common property, food, housing, etc., to limit the freedom of action and will of the victim, and ultimately achieve the purpose of controlling the victim.
Intentional injury refers to the act of intentionally injuring others’ bodies. Serious intentional injury can constitute the crime of intentional injury. Intentional injury is one of the manifestations of domestic violence. The scope of domestic violence is far wider than intentional injury.
Domestic violence to a certain extent can constitute the crime of intentional injury in criminal law, and will be given criminal punishment.
Victims of domestic violence need to bear
What legal liability?
1. Civil liability
According to Article 34 of the law of the people’s Republic of China on anti domestic violence, if the respondent violates the order for protection of personal safety, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if it does not constitute a crime, the people’s court shall admonish him, and may impose a fine of less than 1000 yuan and detention of less than 15 days according to the seriousness of the case.
In addition, according to Article 46 of the marriage law, domestic violence is one of the legal reasons for divorce. If a divorce is caused by domestic violence, the innocent party has the right to claim damages, so the injured party can claim damages from the aggressor in the divorce proceedings, including material damages and spiritual damages.
2. Administrative responsibility
According to the regulations on penalties for public security administration, those who have committed domestic violence but not yet constituted a crime may be detained for less than 15 days, fined less than 200 yuan or given a warning.
3. Criminal responsibility
According to Article 33 of the law against domestic violence, if the perpetrator commits domestic violence, which constitutes a violation of public security administration, he shall be punished according to law; if a crime is constituted, he shall be investigated for criminal responsibility according to law.
What should I do if I encounter domestic violence?
First of all, you can call the “110” alarm or the “12338” women’s rights hotline for help. When you call the police, remember to ask for the “alarm receipt” and cooperate with the police to make relevant records. In addition, timely apply for injury identification. You can also complain, reflect or ask for help from friends, relatives, neighbors, village (neighborhood) committees, sub district offices, women’s federations or their units.
Secondly, if the personal safety is seriously threatened, immediately isolate the victim, go to the family and friends’ home for temporary shelter, or go to the domestic violence shelter for temporary shelter. For the establishment of the domestic violence shelter, confirm and consult with the local civil affairs department or the women’s Federation.
Thirdly, evidence collection should be done well, such as audio and video during domestic violence, photos of injured parts, police record or warning letter issued by the police, injury identification issued by the hospital, medical records and other medical information. In addition, the offender can be required to write a letter of repentance, a letter of guarantee, etc.
Finally, the applicant’s personal safety protection order can be issued, including prohibiting the respondent from carrying out domestic violence, prohibiting the respondent from harassing, tracking and contacting the applicant and its related close relatives, and ordering the respondent to move out of the applicant’s residence, etc.
Countless sad cases show that,There are only zero and countless domestic violence.Domestic violence is more than housework,It’s not a domestic clown that can’t be publicized.Give the victim confidence and the victim confidence.No tolerance for domestic violence, please say no bravely!Take up the legal weapon to defend their rights and interests!