(Cristina Nicoara - Deputy Chief DA- Research and Analysis Section for Minors, Prosecutor's Office of the High Court Of Justice and Appeal)
2."The judicial system culture doesn't understand that the women who were aggressed by their partner and who ended up by killing him, were, at the same time, victims and criminals".
Although domestic violence is a phenomenon that has always accompanied family construction and dynamics, its legal and social entrance is recent. Only for the past 20 years, social sciences and legal settlement talk about domestic abuse. The new emerging approach is due to the interest in the child's molestation prevention.
From a clinical point of view, a large accepted definition of domestic violence has been phrased by Stark and Flitcraft:
"Domestic violence is a threat or a provocation, present or past, of a physical injury, within the social relationships, regardless their legal statute or residence. Physical or sexual abuse might be accompanied by intimidation or verbal abuse, destruction of goods that belong to the victim, isolation from friend, family or potential support sources, threats to other persons significant to the victim, including children; thefts; control over money, personal things, food, phone calls and other care and protection sources".
From a legal point of view, Law 217/2003(art.2) says:
"Domestic violence represents any deliberately physical or verbal action by a family member against other member of the same family, action that causes a physical, mental, sexual pain or a material prejudice". This law is stipulated even for the persons who have established relations similar to those between married people (concubines) and for parents and children, relations proved by social inquiry.
According to the Romanian Police: " any person who thinks herself a victim of violence or feels threatened has to know that domestic violence is a offence brought to law, stipulated and punished by the Criminal Code" The experts who study this problem agree that violence is more frequent than reports show, because most of the acts aren't denounced to the police or hospitals. The victims, either fear the aggressor's revenge, either don't have the resources needed to start a new life.
But, the worst thing is that many people, including the victim, tolerate and accept violence and, above all, they consider it normal in a family:" my father and my grandfather were violent, so my husband has the right to hit me, too" . In lack of notice to the Police, the aggressor can't be punished. At most, he gets a fine, but this is also in the victim's detriment, the fine being paid from the family common budget.
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