Domestic Violence

from Wikipedia, the free encyclopedia
The purple ribbon is the global symbol against domestic violence
Global statistical overview of the existence of domestic violence laws and their potential to address the problem. (Status: 2017) Source: http://www.womanstats.org (English)

Domestic violence is physical , sexual , psychological and economic violence or acts of violence between people living together in a household . The generic term of domestic violence therefore includes not only violence in couple relationships such as marriages or cohabitations (before, during and after a separation), but also violence against children , violence by children towards their parents , violence between siblings and violence against older people living in the household People.

Other terms that are often used synonymously are violence in close social relationships or in the immediate social environment , violence in the family , violence within the family and violence in marriage and partnership .

Since 2011, the police crime statistics in Germany have recorded crimes between spouses, registered civil partners, partners in non-marital partnerships and former partners under the term partnership violence . Since 2017, the evaluation has also included a consideration of the victim characteristics "disability (physical/mental)" and "frailty/age/illness/injury".

etymology

Synonymous with "domestic violence" and "paternal violence" in the 17th to 19th centuries

Domestic violence is a term of the German language of the 17th to 19th centuries, which was used synonymously with the legal term of " fatherly violence ". It referred to the father's central position of power in the house or family at the time . In the early modern period , the house was seen as a central social and legal institution and the position of the house father as a legitimate central position. Even then, the possibility of abuse of domestic or paternal violence or power was considered:

"A wise government should [...] not deprive the householder of more of his power and rights than is appropriate to this context and the common good of the state. It is intended to curb and punish the open abuse of domestic violence; but it should not abolish all domestic violence.”

Within the house or family, the head of the house or family was long regarded as indispensable for the functioning of a state and as a legitimate protective power.

“The family myth, which is shaped by Western Christianity, tells only of the legitimate violence and good power of the father of the family. Mother and child are safe under the protection and rule of a powerful, reliable and well-fortified father. This is the 'Western' (more precisely: the Western European-North American-Australian) variant of the myth of patriarchy .

Fundamental change of meaning at the end of the 20th century

With the expansion of the state monopoly on the use of force at the end of the 19th century and the beginning of the 20th century, the legal concept of paternal authority became parental authority and the term “domestic violence” initially became uncommon. With the change from parental violence to parental care , power and the abuse of power within the family and partnership became increasingly critical. In the 1980s, this was still referred to with very different terms: e.g. as family violence, domestic violence, private violence or "domestic violence".

From the 1990s onwards, the term domestic violence as an independent term without quotation marks increasingly prevailed. However, some of the other terms continue to be used and their connotations are discussed critically.

The term domestic violence has undergone a fundamental change in meaning . First, it represented the legitimate exercise of power over anyone in the home or family—including corporal punishment and sexual coercion (now referred to as sexual abuse ). Today he stands for their lack of legitimacy and in this respect has changed from right and " everyday evil to wrong ".

definitions

Different definitions of domestic violence are used in sociological and criminological research. Thus, legal definitions usually only contain the pure criminal offenses, while in many sociological or psychological definitions the motivation for the crime is included.

The lawyer Marianne Schwander defines domestic violence as follows: "Domestic violence occurs when people within an existing or dissolved family, marital or marriage-like relationship use or threaten physical, psychological or sexual violence", while the lawyer Andrea Büchler "any violation of the physical or psychological integrity of a person, which is inflicted by the structurally stronger person exploiting a power relationship" as such.

Most empirical studies distinguish between two different types of violence. On the one hand, violent conflict behavior related to the situation and, on the other hand, repeated, systematic use of force, which puts one of the parties in a hierarchically weaker position. In this perspective, the one-time escalation of a dispute between two otherwise equal people to physical violence is not considered domestic violence.

In addition to the aggressive actions of one or both parties involved, domestic violence is also determined by the following factors:

  • There is an emotional bond between the person perpetrating violence and the victim, which does not end even with physical separation.
  • Violence occurs in the home, in the common household, i. H. practiced in private space. This fact has consequences for the victim's sense of security.
  • The physical and/or psychological integrity of the victim is repeatedly violated by the aggressive action.
  • The violent person exploits or creates an existing power imbalance with his victim in order to subsequently exploit it.

forms of domestic violence

Depending on the definition used, domestic violence not only manifests itself in physical assaults, but also in more subtle forms of violence. In sociological and social-psychological research, a distinction is made between the following forms of violence:

physical violence

Physical or physical violence includes all attacks against body and life such as hitting, pushing, shaking, biting, choking , throwing objects or other physical attacks.

sexual violence

Sexual violence includes all acts against sexual self-determination such as rape , sexual coercion , degradation to a sex object or forced into prostitution .

psychological violence

Psychological violence against children was included in Germany in 2000 in the reform of § 1631 paragraph 2 of the Civil Code in the same way as physical violence: "Children have a right to a non-violent upbringing. Corporal punishment, mental injuries and other degrading measures are not permitted.”

Psychological or emotional violence includes all actions against the psychological stability of a person - from covert passive forms to overt active forms. Passive forms include, for example, silence or social isolation of a person. Active forms include, for example, devaluations, emotional manipulation, intimidation, prohibitions, monitoring and spying on social contacts, threats , coercion , stalking , deprivation of liberty , insults , paternalism or humiliation .

economic violence

Economic violence includes all acts against economic or financial independence or independence, such as a total or partial ban on work or certain types of work, total or partial compulsion to work or certain types of work, no access to the joint account, confiscation of wages etc.

From international research, economic violence is increasingly coming into focus as a significant aspect - namely as economic violence (economic violence) or economic abuse (economic abuse). Because economic violence or dependency is one of the biggest hurdles when leaving a violent relationship. Gradually, the aspect of economic violence is also included in German-language research. It is also gradually being reported to the general public.

“The extent and forms of economic violence vary from region to region around the world, but to this day women and girls in all regions of the world are denied open access to economic resources, opportunities and opportunities for power […]. Attitudes , beliefs, and practices that perpetuate economic violence are often deeply embedded in a society 's cultural , social, or religious norms . […] Women themselves sometimes justify violence and abuse, which makes it clear that not only men but also women have internalized the corresponding social norms .”

Economic violence has far-reaching consequences :

  1. Increased risk of poverty due to women's lack of economic opportunities,
  2. Creating a tense atmosphere and general nervousness from the economic pressure, which in turn can lead to physical violence,
  3. sexual exploitation of girls and young women by older men,
  4. Depletion of the workforce through a climate of fear and insecurity, which reduces a country's overall productivity and development.

Victims and perpetrators of domestic violence

intimate partner violence

The data on violence within intimate partnerships varies. The contradictions arise on the one hand from differences in the definitions used for the study, differences in the populations studied , the sampling , but also the method used (quantitative/qualitative) and the question. See also the section on the problem of data acquisition .

Studies with perpetrators from the totality of criminally recorded cases have shown that their violent behavior is primarily motivated by the urge to control or dominate the victim.

Domestic violence between partners occurs not only in heterosexual, married or separating couples, but also in same-sex couples and in cohabiting communities. Here, too, violence is more often exercised by the dominant partner for the purpose of exercising power over the partner who is weaker in the partnership. Most couples affected by domestic violence already have a fundamental asymmetry in the distribution of power (dominant/dominated partner) before the escalation.

In almost all cases (approx. 80% to 90%) of physical violence there is also psychological violence. Psychological violence does not necessarily lead to physical violence. The most common instances of physical violence are pushing, shaking and hitting. In the case of psychological violence, abuse and insults and measures of social control (opening letters, e-mails, text messages) are given priority, e.g. T. are intended to cause systematic humiliation and a feeling of weakness in the insulted partner.

female victims

Serious attacks on physical integrity are predominantly experienced by female victims in relationship conflicts. According to the representative study "Life situation, safety and health of women in Germany" published in 2004, around 25% of all women aged 16 to 85 have experienced physical or sexual violence - or both - by current or former partners at least once or several times experienced. Within the group of people examined, this proportion is slightly higher for women of Eastern European origin (28%) and significantly higher for women of Turkish origin (38%). An Australian study found a higher risk of domestic violence among migrant women, caused by language barriers, visa restrictions and a generally higher dependence on the abusive partner.

The physical assaults reported on in the study on the living situation, security and health of women in Germany cover a broad spectrum of violent acts of varying severity: women are beaten, raped, insulted or humiliated by their male partners. Two thirds of women affected by domestic violence have suffered severe to very severe physical and/or sexual violence. Women are therefore more threatened by domestic violence than by other violent crimes in public spaces. The study Violence against women in intimate relationships , published in 2012, confirms these results and shows that women in middle and high educational and social classes are also victims of partner violence to a much greater extent than was previously known.

Another representative study commissioned by the Federal Ministry for Family Affairs from 2012 shows that women with disabilities are affected by physical, sexual and psychological violence by partners much more frequently than women in the general population. They were also exposed to sexual abuse in childhood and adolescence two to three times more frequently (depending on the study group).

In the case of homicides in Germany, the Federal Criminal Police Office (BKA) reported 49.2 percent (154 of 313) of all women killed in 2011 as victims of their current or former partner. In 2015, more than 100,000 women in Germany were victims of intimate partner violence . In 2015, 331 cases involved attempted or completed murder or manslaughter of a woman by her partner or ex-partner. The Federal Criminal Police Office named former partners as the largest group of perpetrators.

According to media information, the proportion of "partner violence" in the total number of violent crimes registered increased continuously from 2012 to 2017. Violence continues to primarily affect women. It takes place in all social classes and milieus, but above all it can be said: “The more patriarchal and the more isolated the world in which women live, the higher the risk that they will become victims of sexualized and domestic violence.” Criminal statistical surveys for example, how high the proportion of victims and suspects with their own and family migration background is in Germany does not exist.

The BKA crime statistics showed significantly more cases of domestic violence in 2017 than in the previous year, which can largely be attributed to the inclusion of new categories in the recording of domestic violence, such as deprivation of liberty, forced prostitution and pimping.

The Federal Criminal Police Office has been collecting systematic statistics on intimate partner violence in Germany since 2015. According to this, a total of 331 women were victims of attempted or completed murder or manslaughter in 2015 , and in 2016 there were a total of 357 women. For the 2017 reporting period, a distinction was made between completed and attempted offenses for the first time. 141 women died in Germany in 2017 as a result of murder and manslaughter for which a partner or ex-partner was suspect; another 223 were victims of attempted murder or manslaughter. To this must be added cases of bodily harm resulting in death , although these are far fewer; In 2017 there were 6. In Germany, women are about four times more likely to be victims of homicides within partnerships than men. Likewise, women are about four times less likely than men to be suspects in such crimes. Every year in Germany between about 120 and 150 women die as a result of intimate partner violence, which is an average of one female fatality every two and a half to three days.

Victims of murder and manslaughter (attempted or completed) in partnerships by relationship status with the suspect (Germany 2015)
All in all women Men
Victims of murder and manslaughter in Germany. total 2,457 781 1,676
thereof in partnerships in total 415 331 84
in % 16.9% 42.4% 5%
by relationship status
spouse 210 170 40
Registered life partnership 0 0 0
partner in non-marital cohabitation 112 87 25
Former partnerships 93 74 19
Violence in partnership in Germany
Number of victims of homicides by year and gender
facts 2015 2016 2017 2018 2019 2020
m w m w m w m w m w m w
Murder and Manslaughter (total) 84 331 84 357 91 364 94 324 93 301 101 359
– tried of it k. A 59 223 70 206 64 190 75 227
- of it accomplished 32 141 24 118 29 111 26 132
Assault resulting in death 2 4 2 6 2 6 2 4 3 6 4 7
Source: Federal Criminal Police Office

In the UK, 30 per cent of women aged 16 and over will experience domestic violence at the hands of their partner at least once in their lives. A study by the University of East London found that the rate of domestic violence in England rose by around 30 per cent whenever the England national football team won or lost matches.

According to the violence report of the Austrian Federal Ministry for Social Security and Generations from 2002, every fifth to tenth woman living in a relationship was affected by severe violence according to unreported estimates. Two thirds of all murders are committed in the family circle, in 90% of murder cases women and children are the victims. The authors of the study point out that one of the most important findings of practice and research in recent years has been "that acts of violence against women in the family must not be seen as individual, isolated acts, but are subject to a dynamic [...] comparable to situations in captivity (with or under threat of torture), terror or hostage-taking. The difference is: in the home environment, imprisonment and terror are barely noticeable to the outside world. Even with the doors open, it's hard to get out of prison.”

In the USA, around 4% of all wives are severely abused by their husbands every year, around 12% experience "lighter" forms of violence. The United States Department of Justice states that in 2007, women accounted for 70% of all victims murdered by their partner, and that number has changed very little since 1993. Between 1993 and 2007, the number of women murdered by a partner fell from 2,200 to 1,640 victims (−26%), while the number of men murdered by a partner fell from 1,100 to 700 victims (−36%).

US studies highlight that around 20 to 25 percent of women's absence from work is due to domestic violence.

male victims

According to the limited representative pilot study "Violence against men in Germany" from 2004 commissioned by the Federal Ministry for Family Affairs , a quarter (26 percent) of the men interviewed in heterosexual partnerships had experienced physical violence in some form, with a few men more than twice. The predominant form was angry shoving, followed by light slapping and biting or scratching. Not a single man in this pilot study reported being "beaten or beaten up." According to the authors, when it comes to the topic of partner violence, it is important to keep in mind that a non-negligible part of the violence may be mutual. It has become clear that many assaults remain hidden and are not revealed because they are either considered "normal", the person concerned is ashamed or afraid that he will not be believed or that he himself "taken by the police and judiciary for the perpetrator will". None of the men who said they had experienced domestic violence from their partner called the police. There is a presumption that men are mostly silent about the violence that has happened to them. However, the authors of the studies state that men are primarily at risk of becoming victims of physical violence by other men in public. The men's researcher Hans-Joachim Lenz had also come to the conclusion in several studies that physical violence mainly comes from men and is also directed against them.

According to the 2002 report on violence by the Austrian Federal Ministry for Social Security and Generations, gender equality refers in particular to less severe forms of domestic violence. “It is a scientifically proven fact that men also experience violence from their partners. Nevertheless, this fact should not obscure the fact that the consequences of the attacks are mostly more serious for female victims than for male victims and that female victims are usually more seriously injured than male victims."

The sociologist and criminologist Michael Bock does not see domestic violence as a gender-specific phenomenon. From dark field estimates, which mainly work with the controversial Conflict Tactics Scales method (CTS), and secondary analytical studies, he concludes that women and men display aggressive behavior almost equally often. However, "perceptible injuries" are more common among female victims (62 percent) than among male victims (38 percent).

For his (non-representative) study published in 2010 on behalf of the EKD men's work based on questionnaire-based interviews, Peter Döge also categorized and surveyed the acts of violence using the Conflict Tactic Scales method. According to the author, the special evaluation is based on a broad concept of violence that does not reduce violence to (visible) physical violence. In summary, he states: “Men and women are “perpetrators” in roughly equal proportions: around 30 percent of women and men are violent, but in different forms: Men tend more towards (visible) physical violence, women more towards (more invisible ) control violence and verbal violence.”

In the case of homicides in Germany, the Federal Criminal Police Office (BKA) reports that 6.9 percent (24 of 349) of all men killed in 2011 were victims of a current or former partner.

Same-sex partnerships

Domestic violence against men tends to be more common in homosexual relationships than in heterosexual ones, according to the authors of the pilot study Violence against Men in Germany commissioned by the Federal Ministry for Family Affairs (2004). However, there are no representative studies. Studies from the USA assume that at least 12 to 20 percent of all gay men become victims of their partner, estimates by some aid organizations assume 25 to 50 percent.

Lesbian women, like gay men, are rarely included in surveys. The first representative study commissioned by the Federal Ministry for Family Affairs on the living situation, safety and health of women in Germany (2004) was unable to record domestic violence in lesbian relationships, since less than one percent of the women surveyed stated a lesbian sexual orientation. An evaluation of questionnaires from the lesbian counseling centers from 2002 to 2004 showed that 100 of the 200 cases recorded related to domestic violence. The group of perpetrators included the current partner (38 cases), violence by the ex-partner (28 cases), by male ex-partners (14 cases) and violence by the family of origin (20 cases).

The Vienna Anti-Discrimination Agency for Same-Sex Lifestyles (WASt) points out problems that police officers can encounter when evicting people from same-sex partnerships: "If the police are deployed here, the police officers who intervene may be particularly challenged by a homosexual partnership, since it it may be less obvious who the (mainly) perpetrator of violence is and who is therefore being pointed out.”

Indirect Victims - Children

The children are also – indirectly – affected by the violence in the partnership. When the children have to watch their parents commit open violence, their psyche suffers severely. In most cases, they not only perceive the acts of violence, but are also exploited by the parties or abused by the violent partner. This leads, as various studies z. B. von Pfeiffer or Lenz, later to violent behavior, mental behavior disorders or other problems.

For the report Concerted Action on the Prevention on Child Abuse in Europe (CAPCAE 1998) to the European Union, investigations into child abuse were carried out in 8 European countries, including Germany. According to this, in 57% of the cases of child abuse or neglect that have occurred, relationship problems of the caregivers play a significant role.

Findings from two major UK child abuse prevention studies show that a large proportion of abused children live in families where women are victims of partner or husband violence.

perpetrators

As all reputable studies show, domestic violence can come from both genders. The World Health Organization names intimate partner violence as one of the greatest global health risks for women. However, there are not only relationships in which the violence emanates exclusively from one of the two partners. For example, the majority of men affected by violence admitted to having previously used violence against their partner themselves.

According to the study on the health of adults in Germany , 1.2 percent of the women surveyed and 0.9 percent of the men surveyed had been victims of physical partner violence within the 12 months prior to the survey.

The reliability of almost all studies suffers from the large number of unreported cases, as well as methodological deficiencies in data collection and objectification (→ Problems of the study and data collection ). It is becoming apparent that the various forms of violence and degrees of severity are committed with different frequency by men and women. Numerous studies suggest that e.g. For example, men are more likely to commit sexual and serious physical violence, while women are said to be more likely to commit physical violence against children, for example.

For years, various camps have attempted to take stock of the relationship between 'male' and 'female' violence in a general way and to set them off against each other, sometimes making far-reaching interpretations. Proponents of the thesis that domestic violence of any kind and severity originates equally from both sexes argue that the police and judiciary, due to anticipation, concentrated their investigative activities, especially in cases of severe physical violence, on male perpetrators and that reports against alleged female perpetrators were often not believed . Furthermore, critics such as Michael Bock suspect that the number of unreported cases is higher for male victims of violence, since they often shy away from going to the police out of shame. Some authors draw relative conclusions from this. In a review from 2002, the American sociologist Michael Kimmel argued that various shortcomings in the CTS method are responsible for the fact that some studies that use this method come to the conclusion that the sexes are equally distributed in domestic violence. The CTS method relies on respondents accurately remembering and truthfully reporting all acts of violence over the past year. For this reason, according to Kimmel, the Conflict Tactics Scale is particularly susceptible to bias effects in memory performance and reporting. Kimmel cites several studies showing that men tend to underestimate their own use of violence and overestimate that of their partners. Women, on the other hand, tended to overestimate their own use of violence and downplay that of their partners. This is why men overestimated their victimization. From this Kimmel concludes that they are more willing to inform the police and file a complaint.

On the other hand, the willingness to report crimes in general, but especially among male victims of domestic violence in Germany, still seems to be low.

“Men are also victims of domestic violence. This topic has hardly been researched, since men are regularly assigned the role of perpetrators in connection with domestic violence and assistance programs for men are of course understood to mean so-called perpetrator work, i.e. anti-violence training for men who are violent towards their wives and children. In this respect, it should be pointed out that the ... figures from the police crime statistics should also be seen against the background that male victims of domestic violence generally do not report it [...]"

The authors of the study "Violence in the Family" state that the (technical) discussion about violence against men in the family is sometimes very emotional. "This is not least due to the fact that violence against men and violence against women was and is often 'played off' against each other." This tendency is also reflected in some studies on violence against men. It is important in the public debate that all victims of violence, women and men (and especially children) are taken seriously and that this serious topic is discussed without prejudice and ideology and (particularly in view of the inadequate data situation and the strongly divergent study results due to the large dark field) is not misused at the expense of the victims for a gender debate.

According to the data of the BKA (“Partnership Violence – Criminal Statistical Evaluation – Report Year 2017”), migrants living in Germany – on the part of the victims and the suspects – have a higher proportion of partner violence than would correspond to their proportion in the population.

Adult violence against children

Child protection was already an issue at the end of the 19th century. From the 1970s onwards, the new women's movement publicly discussed not only domestic violence against women, but also child abuse and child sexual abuse . Today, the latter in particular, but also the effects of corporal punishment on the children affected, are being discussed publicly.

The investigations by Wetzels show quite detailed figures for Germany. According to this, three quarters of all Germans experienced corporal punishment in their childhood. Almost 10% of all respondents stated that they had been physically abused by their parents. According to their own statements, 2.6% of the girls and 0.9% of the boys experienced sexual violence by adult family members. Neglect also occurs in the course of violence by adult family members against children. Mothers and fathers who are also violent in the couple relationship are often authoritarian but neglecting parents.

In the case of child abuse, the gender distribution among perpetrators tends to be female at around 60%. However, when it comes to the sexual abuse of children, there is a clear majority of male perpetrators at around 90% to 97%. Girls and boys are equally likely to be victims of violence from their parents or other adults close to them. However, according to Peter Döge , boys are twice as likely to suffer physical violence from their parents as girls. “For women, violence as a desire for control is predominant here, slapping or yelling at or kicking. If you only see severe beatings and sexual violence, men are dominant here too.”

violence between siblings

This area of ​​domestic violence has so far received little research. In particular, the boundaries between normal, i. H. development-related, quarrels and violent acts motivated by the systematic exercise of power are unclear. There are also no studies on the causes and consequences of this form of violence or on sexual violence between siblings.

In his empirical study of domestic violence, Godenzi found that 5% of all domestic violence was between siblings, with one brother attacking another brother or sister in most cases. These numbers have not been confirmed or disproved by other studies.

Elderly Violence

Like violence between siblings, violence against older people in German-speaking countries has so far hardly been a public issue. Accordingly, few studies exist on the subject. The Bonn HsM study from 1999 showed that older people with health problems in particular experience violence. The damage tends to be of a more psychological and financial nature, physical abuse is less common. For Germany, it was determined for 75 to 90-year-olds that "when the lower estimates are combined, a minimum of around 172,000 older people become victims of serious acts of violence in the area of ​​family and private life" , which accounts for 7% of the total age group (with reference to the age distribution according to the Federal Statistical Office ).

help and protection

emergency aid

Police departments have specially trained domestic violence officers. They can be requested directly by telephone from the operations center by those affected, but also by third parties who observe acts of violence:

Germany 110
Austria 133
Switzerland 117

Possible immediate measures are:

  • Perpetrators are expelled from the apartment (in Germany called apartment expulsion or deportation),
  • temporarily taken into custody (custody ) ,
  • subject to a ban on contact .

On March 14, 2012, the law establishing the nationwide help line “Violence against Women” came into force. The helpline started in March 2013 with the free number 08000 116 016. The helpline offers support for women who are affected by any form of violence and is available around the clock. Qualified counselors offer anonymous and barrier-free initial advice and help and, if necessary, arrange contact points on site.

In 2020, North Rhine-Westphalia and Bavaria launched a nationwide help line for men who have become victims of domestic and sexual violence, including stalking or forced marriage, on the free number 0800 1239900. There is also a digital counseling service for men at www.maennerhilfetelefon.de affected men.

Judicial Aids

With the Violence Protection Act (GewSchG) introduced in Germany in 2002 , victims were given extensive protection. The family court decides how further escalation can be stopped if possible. For this purpose, the perpetrator can be forbidden from entering the shared apartment. Any approach to the victim, as well as contact by telephone, letter or e-mail, can also be prohibited. It can also be ordered that the perpetrator - regardless of ownership - has to leave the apartment to the victim for up to six months (plus an extension of another six months). According to § 4 GewSchG, the perpetrator can also be prosecuted if he disregards the court requirements.

In addition, in 2007 the new criminal offense of stalking (see stalking ) was added to the Criminal Code (StGB) as Section 238 .

Help from doctors and dentists

Doctors and dentists are increasingly devoting themselves to recognizing and documenting signs of violence during a normal visit to the doctor in order to be able to convict the perpetrator later in court. This also includes securing DNA traces for a possible DNA analysis. A victim often only decides to file a complaint long after the crime has been committed. This is precisely when reliable documentation is important. Corresponding documentation forms have been developed and are available to doctors and dentists. Doctors and dentists are also subject to confidentiality in these cases . According to Art. 14 Para. 6 GDVG (Bavarian Health Service and Consumer Protection Act ), doctors and midwives are obliged to report this to the youth welfare office if there are “weighty indications” of child abuse . Furthermore, the doctor is fundamentally authorized to break through the duty of confidentiality in order to avert danger to life and limb (“imminent danger”).

perpetrator therapy

Without a profound change in the perpetrator, a judicial separation will only help temporarily. Perpetrators sometimes use such a separation period for perpetrator therapy. Corresponding groups are offered in many cities. In one-on-one talks or in groups with other perpetrators, they learn to understand the dynamics of violence, to get out of it, to take responsibility and to create trust.

care of the victims

Due to the cuts in the social and health sectors in recent years, victim protection in Germany is coming under increasing pressure. For example, most of the doctors in the Victims' Center at the Hamburg University Hospital Eppendorf (UKE) work on a voluntary basis - and this Victims' Center is the only one in the city of Hamburg. Donations are mainly used for material resources. Both the Association of Statutory Health Insurance Physicians and the health insurance companies reject billing via the health insurance companies .

Political and legal situation in the individual countries

Germany

In 2000, the Law Prohibiting Violence in Education came into force. It did not create any new criminal offences, but was intended to raise awareness of violence against children.

In 2001, the federal government submitted a draft bill for the so-called “ Violence Protection Act ” ( law to improve civil court protection in the event of acts of violence and to facilitate the transfer of the marital home in the event of separation , GewSchG for short ), which then came into force on January 1, 2002. The law allows women and men to apply for civil protection against violent crime. Here, a so-called approach and/or residence ban can usually be ordered by the local district court. Since the wording "shall" is mentioned in the GewSchG, such a decree can even be issued permanently. A comparable order under the Code of Civil Procedure , on the other hand, is usually limited to 1 month and the victim must apply for an extension on their own initiative.

It is also possible for the police in advance, i. H. before issuing an injunction or restraining order to issue a restraining order against the perpetrator. This is intended to give the victim enough time to apply for an injunction from the court. The legal basis for this are the corresponding police laws of the individual federal states (in Bavaria the PAG ). In contrast to a court order, the police contact ban is not subject to criminal sanctions, but in certain individual cases it can result in the arrest of the perpetrator if the ban is disregarded.

  • The state regulations are:
    • Baden-Württemberg: § 27a paragraph 2, 3 PolG BW
    • Bavaria: Art. 11 Law on the Duties and Powers of the Bavarian State Police (PAG)
    • Berlin: § 29a Berlin General Security and Order Act
    • Brandenburg: Section 16a of the Brandenburg Police Act
    • Bremen: § 14a Bremen Police Act (BremPolG)
    • Hamburg: Section 12b of the Hamburg Security and Order Act
    • Hesse: § 31 para. 1, 2 Hessian Security and Order Act (HSOG)
    • Mecklenburg-Western Pomerania: Section 52 (2) of the Mecklenburg-Western Pomeranian Safety and Order Act
    • Lower Saxony: § 17 para. 1 Lower Saxony law on security and order (NSOG)
    • North Rhine-Westphalia: § 34 North Rhine-Westphalia Police Act
    • Rhineland-Palatinate: § 13 para. 1, 4 Rhineland-Palatinate Police and Regulatory Authorities Act
    • Saarland: Section 12 (2) of the Saarland Police Act
    • Saxony: § 21 para. 1, 3 Saxon police law
    • Saxony-Anhalt: Section 36 (1) of the Saxony-Anhalt Safety and Order Act
    • Schleswig-Holstein: Section 201a of the Schleswig-Holstein State Administration Act
    • Thuringia: Section 18 of the Thuringian Police Tasks Act in conjunction with Section 17 of the Thuringian Regulatory Authorities Act

prosecution of the perpetrators

Bodily injury offenses, § 223 ff StGB, insult § 185 StGB, stalking § 238 StGB and violations of § 4 GewSchG are particularly common. However, other criminal offenses (defamation, slander, etc.) are also possible. The spectrum is wide. However, there must always be a connection with the existing or terminated partnership. Psychologically injured victims sometimes experience trials in court as stressful. In serious cases, when the circumstances of the court hearing weigh too heavily on the victims, re-traumatization can occur.

Austria

Legal Provisions

In cases of domestic disputes, the police can issue an eviction order and a ban on entering a house or an apartment and a specified area, which is initially for two weeks, if an application for a temporary injunction is submitted in accordance with Sections 382 a and 382 e of the Enforcement Code within this period ( two weeks) until the court's decision is served on the respondent, but for a maximum of four weeks. The legal basis for this is Section 38a of the Security Police Act. A temporary injunction issued by a court in accordance with Section 382 b of the Enforcement Code offers longer-term protection. In Styria there is a law that only allows women and their children living in the same household to be protected in anti-violence facilities.

Although the laws are formulated in a gender-neutral manner, there is increasing criticism that the man usually has to leave the family, regardless of who started the conflict or played an active part in the act of violence.

victim protection organizations

Numerous institutions offer help to those affected. Essentially, these are counseling centers for female victims or male perpetrators. However, only the intervention centers or violence protection centers that have been set up in all federal states are considered official counseling centers. The police only transmits data to them.

Studies in women’s shelters and deportation statistics indicate that around 90% of the perpetrators are men. It is not the job of the local police to determine who is at fault, but to take appropriate measures to de-escalate the situation. In this respect, it is not possible to draw conclusions about the proportion of perpetrators from the deportation statistics. The 2008 women's shelter statistics show that at least 38% of the perpetrators were not Austrian citizens. Daniela Almer from the information center of the association pointed out in this context that this is not due to the fact that migrant women are more often affected by violence, but in many cases these women have no income of their own and no social network and a women's shelter is the only one way out.

violence against minors

After several deaths and serious abuse, the discussion of violence against minors gains importance. Youth welfare offices, courts and experts who reacted too hesitantly, even in the case of obvious mistreatment, came under particular criticism.

Switzerland

Since April 1, 2004, violent crimes in marriage and partnership have been considered official offenses in Switzerland , i. H. they must be prosecuted ex officio. This includes in particular serious and minor bodily harm, repeated assaults, threats, coercion, sexual coercion and rape. This applies not only to married couples, but to all heterosexual and homosexual civil partnerships with a common household during the period of living together and for a year afterwards (for married couples up to one year after the divorce). With regard to the protection of the victim, it was provided in this area - in contrast to other official offenses - that the procedure can be discontinued at the request of the victim. This only applies to the criminal offenses of simple bodily harm, repeated assault, threats and coercion. This option does not exist in the case of serious bodily harm, sexual coercion and rape. The exact modalities of the termination of proceedings are regulated in the Victim Protection Act.

The police regulations regarding protective measures, evictions and the ban on returning are regulated in the cantonal laws on protection against violence and police laws.

Since December 10, 2009, Zwueschehalt has been Switzerland 's first family and fathers' shelter, offering protection to fathers affected by violence and their children.

Russia

According to human rights activists and the UN, around 14,000 women die every year in Russia as a result of domestic violence. Every fifth woman in Russia has experienced violence from her partner at least once. In Russia there are no protective orders similar to those in other countries to protect victims. There are also few facilities where women with children can seek temporary refuge. In early 2017, legislation was passed partially decriminalizing domestic violence.

Armenia

In the South Caucasus republic of Armenia with almost 3 million inhabitants, around 2,000 women are victims of domestic violence every year. The Coalition to End Violence Against Women documented 70 murders of women from 2010 to 2019, the number of unreported cases is likely to be higher. In 2019, the hotline registered over 5,000 calls. The fear that the convention will destroy Armenian families also plays a role. After the marriage, the couples live together not only with their children, but also with their in-laws. Despite domestic violence, many victims are often afraid of separation; in many of the deaths investigated by the Women's Coalition, parents and relatives had persuaded the victim not to divorce the abusive husband.

More states

Maryam, victim of acid attack in Tehran (2018)

According to estimates, more than 40 percent of women in Turkey have already been victims of domestic violence. In 2017, 409 women were killed. However, since many cases are disguised as suicide, the number of unreported cases is likely to be far higher. Officially, almost 15,000 cases of domestic violence are registered every month. The increase in violence against women has been attributed to the repression of secularism under President Recep Tayyip Erdoğan .

Dowry killings kill thousands of women every year in Pakistan , India and Bangladesh . According to crime statistics, 8233 cases were registered in India alone in 2012; most of the women were doused with kerosene and set on fire. The number of unreported murders disguised as suicides or accidents is likely to be much higher.

In China , the first law against domestic violence was passed in 2016, but it was hardly accepted and was "inadequately implemented", as Franka Lu reported in October 2020 in the weekly newspaper Die Zeit .

Initiatives against domestic violence

Since the early 1990s, domestic violence has attracted more and more public attention and has thus become a widely discussed topic. Awareness campaigns by public bodies at national and international level also contribute. The focus is usually on violence against women or violence against children (see, for example, links 4 and 5). For example, the WHO annually celebrates an International Day for the Elimination of Violence against Women . Other areas of domestic violence have so far not been discussed publicly and are therefore little known to the general public. For a few years now, on the initiative of the men's movement , male experiences of victimization have also been increasingly discussed in public.

Domestic violence also has consequences in victims' workplaces (e.g. absenteeism), but few companies respond adequately. Terre des Femmes points out what companies can do: taking a stand against various forms of violence, providing advice. ( See also: Workplace Health Promotion )

In the United States, the highest immigration court recognized serious domestic violence as a reason for asylum for the first time in 2014.

Other initiatives

Issues of investigation and data collection

Numbers can only provide very limited information about what is actually happening, as various factors play a role. Above all, emotional factors such as shame, feelings of guilt, fear or distrust towards the interviewer can prevent victims of violence from making realistic statements about their situation.

crime statistics

The police crime statistics, as recorded by Germany, Switzerland and other countries, contain all criminal complaints received by the police within a year. However, not all attacks are actually displayed. As developments in recent years have shown, the awareness-raising campaigns in various countries have an impact on reporting behavior: more crimes related to domestic violence are reported. However, it is not possible to conclude from these figures whether the crimes are increasing or decreasing overall.

The police crime statistics published annually in Germany have so far not included any systematic breakdown of domestic violence apart from child abuse.

sentencing statistics

Nor can any conclusions be drawn about the actual frequency of domestic violence from the statistics kept on criminal convictions. Due to various multipliers (victim reporting behavior, existing/lacking evidence, assessment of the crime by the judge) it is impossible to extrapolate the number of convictions to the actual number of violent crimes.

Victim Assistance Statistics

In Switzerland, the victim support centers are required to keep (anonymized) statistics on their activities and their clients. However, like the criminological statistics, these figures are distorted by the behavior of the victims. Not all victims turn to a counseling center. Furthermore, the informative value of these statistics is reduced by the fact that a victim is recorded several times (as a victim of different crimes).

empirical research

So far, no empirical research, either bright field or dark field, has been able to provide reliable figures on the actual extent of domestic violence in the general population. Gillioz offers the following explanation for this: People affected by severe, systematic violence in particular refuse to be interviewed. In addition, there is no reliable way to find out whether the respondent is glossing over or dramatizing their experiences. The results are also influenced by the question and – in the case of interviews – by the relationship between researcher and respondent.

The examination of the problem is further complicated by the different definitions of violence used, since these make direct comparisons between different studies practically impossible.

In order to counteract this problem, an attempt was made to adapt and standardize an instrument for examining domestic violence that was originally developed for examining conflict management strategies. Studies conducted using the Conflict Tactics Scales attempt to eliminate the subjective evaluation of acts of violence. However, any aggressive action – including situational ones between equal partners – is rated as violence, while many researchers on violence differentiate between aggression and violence. Furthermore, the context of an aggressive action and the history of its origin up to the point of escalation are not taken into account with this method.

In fact, all studies carried out using the CTS method to date have come to the conclusion that there is gender symmetry in both the perpetrators and the victims. These results led to major controversies within social science research on violence:

  • So has u. Michael Kimmel rejected the results of many of the studies included by Archer and Fiebert in their meta-analyses as not meaningful for the problem of domestic violence. He also pointed out a special feature of the questioning of the CTS method, which does not ask the couples about any violence they have suffered or practiced, but about their behavior “when they disagree, get annoyed with the other person, or just have spats or fights because they 're in a bad mood or tired or for some other reason'. Another criticism relates to the acts of violence that are not recorded by the CTS method: sexual violence, violence by ex-partners and the consequences of the aggressive action (severity of the injury)
  • Kelly and others, on the other hand, criticize the "feminist control over the field of domestic violence", in particular its "monopoly on definition", which influences the research accordingly. Women also have their share in the escalation of partner conflicts through their own aggressive behavior. Precisely because many more women than men are affected by serious injuries, effective prevention must therefore also address violence by women.

Problem of determining the dark field numbers on partner violence

The socio-scientific and political controversy surrounding the number of victims of partner violence often focuses on two questions:

  • What is the total number of victims and how great is the need for political action?
  • How large is the ratio of female to male victims, or what gender-specific necessities for prevention policy result from this?

The empirical approaches to determining the extent of domestic violence differ significantly in how much they include the dark field, which methodology and which sampling method is used, and in the question. According to the criminologist Helmut Kury, the bright field numbers, which are mainly represented by police statistics, represent only a fraction of the total number of cases of domestic violence, at most less than 20%. For the most complete possible recording of the much larger dark field, the cognitive filter methods of the individuals must be used if possible turned off. In the case of domestic violence, these are in particular psychological factors (shame, fear, feelings of guilt, but also mechanisms of repression), social representations of violence (i.e. the subjective assessment of the individual as to whether what has been experienced is violence or not) as well as social control mechanisms and value systems (evaluation of the experience as a private matter). Dark field investigations try to switch off these filters by means of surveys while maintaining anonymity and avoiding the impression of a criminal investigation.

The Conflict Tactic Scale method

Surveys using the controversial CTS method show two main differences compared to police statistics or bright field investigations:

  1. The total number of cases identified is much higher.
  2. The victims, but also the perpetrators, are distributed in roughly equal numbers between women and men.

The main reason for these discrepancies is the questioning of actions that those affected and many researchers of violence do not classify as acts of violence; another reason is that CTS specifically asks about behavior during an argument, e.g. H. after events during an exceptional situation, which is usually ignored by the individuals when asked about "intimate partner violence". According to Murray A. Straus, the author of the CTS method, the asymmetric sex distribution in non-CTS-based studies (i.e. with predominantly female victims) cannot be generalized to the sum of the cases from bright and dark field because of the effect of the filtering mechanisms this would be a clinical fallacy .

The problem of unproven allegations

In some of the reported cases of domestic violence, unprovable allegations are made. These can be deliberately false allegations ( false accusations ) and/or unprovable depictions of crimes. This directly affects the credibility and protection of the life and rights of possible perpetrators and victims.

As part of the accompanying research on intervention projects in Germany, it was found that the cases of partner violence were mostly dropped at the public prosecutor's offices examined (81.7%), whereby this was justified in 83% of the cases with a lack of proof of the allegation. In a representative study by the authors Max Steller , Detlef Busse and Renate Volpert on allegations of child sexual abuse by analyzing family court files, it was found that in 3.0% of contact and 3.3% of custody proceedings an allegation of sexual abuse abuse is raised. According to the court files they analyzed, the allegation was found to be unfounded in 84% of the cases. The social scientist Sabine Kirchhoff pointed out that stereotypes such as abuse with the abuse would contribute to the fact that children affected by sexual abuse did not receive sufficient victim protection.

movies

literature

  • Hildegard Hellbernd, Petra Brzank, Karin Wieners, Hildegard Maschewsky-Schneider: Domestic violence against women: health care - The SIGNAL intervention program . Handbook for practice and scientific report. With a foreword by Renate Schmidt, Federal Minister for Family Affairs. Technical University of Berlin, Berlin 2004 ( signal-intervention.de [PDF; 2.2 MB ; retrieved on November 6, 2021] financed with funds from the BMFSFJ).
  • Petra Brzank: Materials for Implementing SIGNAL Intervention Programs . 2005 ( signal-intervention.de [PDF; 629 kB ; retrieved on November 6, 2021] financed with funds from the BMFSFJ).
  • Petra Brzank: Ways out of partner violence . women looking for help. Springer VS , Wiesbaden 2012, ISBN 978-3-531-18756-3 .
  • Marion Leuze-Mohr: Domestic Violence Against Women – A Punishment-Free Zone? Why women as victims of male violence in a partnership refrain from prosecuting the perpetrators - causes, motivations, effects. tape 25 . Nomos Verlag , Baden-Baden 2001, ISBN 3-7890-7636-8 (in the series writings on women's equality, XXIX. Dissertation 1999/2000 at the University of Tübingen.).
  • Heike Mark: Domestic violence against women . Results of a survey of general practitioners. Tectum , Marburg 2001, ISBN 3-8288-8262-5 .
  • Heike Mark: Violence and Health . An investigation into physical and sexual violence experiences in connection with the health situation of adult women. 1st edition. dr Hut, Munich 2006, ISBN 978-3-89963-430-3 (dissertation at the Charité - Universitätsmedizin Berlin 2006.).
  • Claudia Opitz , Brigitte Studer , Frederic Sardet: Domestic Violence – De la domestic violence . Chronos, Zurich 2005, ISBN 3-905315-35-1 (German, French).
  • Wilfried Rudloff: Containment and Persistence. Violence in West German residential care and domestic violence against children , in: Zeithistorische Forschungen 15 (2018), pp. 250–276.

web links

itemizations

  1. cf. Federal Criminal Police Office : Violence in partnership. Criminal statistical evaluation - reporting year 2019. Wiesbaden, 2020.
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  10. Nadine Bals: Domestic Violence: The Discovery of a Social Problem, Contradictory Currents and Germany as a "Developing Country" . In: Axel Groenemeyer, Silvia Wieseler (eds.): Sociology of social problems and social control: realities, representations and politics . Wiesbaden 2008, p. 98-114 .
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  12. a b Marianne Schwander: Intervention projects against domestic violence. New insights – new instruments . In: Swiss Journal of Criminal Law . tape 121 , no. 2 . Stampli, Berne 2003.
  13. a b Andrea Büchler: Violence in marriage and partnership. Police, criminal and civil law interventions using the example of the canton of Basel-Stadt . Basel/Geneva/Munich 1998.
  14. Scientific study by Elizabeth A. Bates on MP Johnson's 'control theory of intimate partner violence / intimate terrorism'  ( page no longer available , search in web archives ) (pdf; 210 kB 14 p.)@1@2Template: Dead link/j4mb.files.wordpress.com
  15. a b Margi Laird McCue: Domestic Violence: A Reference Handbook . Santa Barbara CA 2008, p. 2 onwards _ (English).
  16. a b Detlef Averdieck-Gröner, Wolfgang Gatzke: Domestic Violence . Hilden 2017, Section 3: Definition of domestic violence.
  17. Laura L Finley: Encyclopedia of Domestic Violence and Abuse . Santa Barbara, CA 2013, p. 9, 173 f., 238, 466, 462 f., 519 (English).
  18. Olufunmilayo I Fawole: Economic Violence to Women and Girls. Is It Receiving the Necessary Attention? In: TRAUMA, VIOLENCE, & ABUSE . tape 9 , no. 3 , 2008, p. 167-177 (English).
  19. Michael P Johnson, A Typology of Domestic Violence: Intimate Terrorism, Violent Resistance, and Situational Couple Violence . Boston 2008, p. 38 (English).
  20. Dan Anderberg, Helmut Rainer: Domestic Abuse: Instrumental Violence and Economic Incentives (=  CESifo Working Paper . Vol 3673 ). Munich 2011 (English).
  21. Juliane Wahren: Clinical social work and domestic violence: new insights into working with women affected by violence . Hamburg 2015, p. 13 onwards _
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  26. Olufunmilayo I Fawole: Economic Violence to Women and Girls. Is It Receiving the Necessary Attention? In: TRAUMA, VIOLENCE, & ABUSE . tape 9 , no. 3 , 2008, p. 172 (English).
  27. Corinna Seith: Public interventions against domestic violence. On the role of the police, social services and women's shelters. Frankfurt/New York 2003.
  28. a b c LKS - State coordination office against domestic violence: - Men as victims of domestic violence. Hessian Ministry of Justice, December 29, 2015, retrieved September 1, 2017 .
  29. a b Violence against men in Germany, pilot study commissioned by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. (PDF; 7.4 MB) 2004, accessed 5 June 2013 . Study as a book: Ludger Jungnitz (ed.): Violence against men. Men's personal experiences of violence in Germany . Budrich , Opladen/Farmington Hills 2007, ISBN 978-3-86649-009-3 .
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  33. Criteria for the severity of a violent act were evaluated based on international violence research (cf. Martinez, Schröttle et al. 2007). In 73-95 percent, the women suffered real physical injuries of varying degrees of severity. Psychological consequences were mentioned by 89-94 percent and long-term psychosocial consequences by 71-75 percent of those affected. In addition, about half of those affected (46-54 percent) described impairments in working life as a result of the situation.
  34. Violence against women in couple relationships , study commissioned by the Federal Ministry for Family Affairs, 2012 pdf
  35. Women between the ages of 16 and 65 with various disabilities, e.g. B. Women with learning difficulties or sensory impairments.
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  57. a b After a phase of evaluating the literature, 23 qualitative interviews were conducted nationwide with experts from advisory and support services. In semi-structured interviews lasting several hours, 32 men were interviewed, half of whom were selected at random and the other half on a targeted basis. 266 quantitative interviews with randomly selected men formed the conclusion. The quantitative survey was conducted orally. Domestic violence was specifically recorded in an additional written form that was filled out by 190 respondents. The transferability of the results of the survey to the male resident population in Germany (representativeness) is limited despite strict random selection due to the small sample. The implementation of the study from 2002 to 2004 was assigned to a non-university research association "Violence against Men".
  58. a b LKS - State Coordination Office against Domestic Violence: Men as Victims of Domestic Violence. Hessian Ministry of Justice, December 29, 2015, retrieved on September 1, 2017 : “Men are also victims of domestic violence. This topic has hardly been researched, since men are regularly assigned the role of perpetrators in connection with domestic violence and assistance programs for men are of course understood to mean so-called perpetrator work, i.e. anti-violence training for men who are violent towards their wives and children. In this respect, it should be pointed out that the... figures from the police crime statistics should also be seen against the background that male victims of domestic violence generally do not report it..."
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  60. Michael Bock: Domestic violence - a problem outline from a criminological point of view . Retrieved December 16, 2010.
  61. Peter Döge: Men - the eternal violent criminals? Special evaluation of the data from the MEN'S STUDY 2009 under the special aspect of violent acts by and against men ( Memento from April 28, 2011 in the Internet Archive ) (PDF; 208 kB)
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  66. Hans-Joachim Lenz : Spiral of violence . 1996, ISBN 3-371-00397-3 .
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  74. a b In the pilot study on violence against men , experts expressed “the assumption that the men affected – because they are men – are often not believed, [... and this] often prevents them from even getting help, calling the police or reporting them to reimburse.” This is encouraged by social stereotypes “that a man cannot be a victim. ('A man can defend himself after all') [...] and that the physically larger or the stronger-looking person cannot be a victim. (A fatal error that gay and lesbian victims of partner violence are also confronted with.)" In addition, there is "the shame of those affected: while both women and men who are victims of domestic violence are often ashamed of their Being hit by a partner, this shame has a specific quality for men today. Due to the lack of awareness and societal ignorance of domestic violence against men, many believe they are the only ones it happens to. In addition, what happened contradicts the social construction of masculinity. In this construction, a man who becomes a victim of his partner—a woman—is no longer a man. The shame of 'admitting' this is all the greater the worse the violence is experienced and the greater the feeling of helplessness and powerlessness.” Men are also “afraid that they won't be believed. If the police are called in a violent argument in which a man is being attacked and beaten by his partner, there is a risk that the police and the judiciary will mistake the beaten man for the perpetrator. How deeply anchored the prevailing gender stereotype is in the support system and the police – perpetrator is male and victim is female – can be seen when in cases of domestic violence between lesbian women the more masculine-looking woman is treated as the perpetrator.” (Pilot study: Violence against men , July 2004, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, p. 191ff.)
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