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Peculiarities of Investigation of Crimes Related to Domestic Violence

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 06.06.2024

Peculiarities of Investigation of Crimes Related to Domestic Violence

 

Introduction

Domestic violence is a serious social problem that affects the physical and psychological health of victims. An important aspect of combating this type of crime is an effective investigation, which requires special approaches and knowledge. In this article, we will consider the peculiarities of investigating crimes related to domestic violence, the main challenges and new methods used to solve them.

 

Main Types of Domestic Violence

 

Physical violence

  • Beatings and bodily harm: Infliction of bodily harm of varying severity.
  • Restriction of freedom: Forced detention of the victim indoors.

 

Psychological violence

  • Threats and intimidation: Constant threats of physical violence, intimidation.
  • Emotional violence: Humiliation, insults, blackmail.

 

Economic Violence

  • Control of finances: Restricting access to family resources.
  • Material dependence: Coercion to material dependence.

 

Sexual Violence

  • Coercion to sexual activity: Coercion to perform sexual acts against the will of the victim.
  • Sexual humiliation: Bullying of a sexual nature.

 

Legislative Framework

 

The Criminal Code of Ukraine

  • Article 126-1: Domestic violence.
  • Article 152: Rape.
  • Article 153: Forcible gratification of sexual desire in an unnatural way.

 

The Law of Ukraine "On Preventing and Combating Domestic Violence"

This law defines the legal and organizational framework for preventing and combating domestic violence, measures to protect victims, and liability for committing violence.

 

Key Challenges

 

Detection and Recording of the Crime

  • Stigmatization: Victims often do not seek help because they are afraid of being judged by society or their loved ones.
  • Underestimation of the seriousness: Domestic violence is often perceived as a "family affair", which makes it difficult to detect and record it in a timely manner.

 

Protection of Victims

  • Immediate protection: Providing immediate protection for victims, including evacuation to a safe place.
  • Psychological assistance: Providing psychological support and counseling to victims.

 

Evidence Base

  • Collection of evidence: Recording bodily injuries, audio and video recordings, and testimony from neighbors or other witnesses.
  • Forensic medical examination: Conducting an examination to establish the fact of violence and its consequences.

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New Approaches and Reforms

 

Professional Development of Law Enforcement Officers

  • Specialized trainings: Training law enforcement officers in the specifics of investigating crimes related to domestic violence.
  • Interagency cooperation: Cooperation of law enforcement agencies with social services, medical institutions and non-governmental organizations.

 

Use of Technology

  • Electronic means of protection: Use of panic buttons, mobile applications to quickly call for help.
  • Online platforms: Create online platforms for anonymous reporting of violence and counseling.
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