The Horror of Domestic Violence

He was 31 years old and was at his place of work. She was killed at close range with three shots from a shotgun. Most […]

Inês Morais PereiraHe was 31 years old and was at his place of work. She was killed at close range with three shots from a shotgun.

One more! Another woman murdered by her ex-husband. I have lost count of the number of women who have been murdered since the beginning of the year by their husbands, ex-husbands, partners or ex-partners...

Every year it's the same thing, in each case we talk about the numbers, analyze the statistics...
They are women, they are mothers, they are daughters, they are professionals, they are human beings who lose their lives like that at the hands of someone… they had so much life ahead of them…

The legal framework exists, the crime of domestic violence is a crime of a public nature, any one of us can and should report it.

Article 152 of the Penal Code postulates that whoever, repeatedly or not, inflicts physical or psychological abuse, including corporal punishment, deprivation of liberty and sexual offenses on the spouse or ex-spouse; the person of another or of the same sex with whom the agent maintains or has had a dating relationship or a relationship similar to that of the spouses, even if not cohabiting; to parent of common descendant in 1st degree; the particularly defenseless person, namely on account of age, disability, illness, pregnancy or economic dependence, who cohabit with him; is punishable by imprisonment from one to five years, if a more serious penalty is not applicable by virtue of another legal provision.

If the offender commits the act against a minor, in the presence of a minor, in the common home or in the victim's home, he is punished with imprisonment from two to five years.

If the facts result in a serious offense to physical integrity, the agent is punished with imprisonment from two to eight years; if death results, the perpetrator is punishable by imprisonment from three to ten years.

The additional penalties of prohibiting contact with the victim and prohibiting the use and carrying of weapons for a period of six months to five years, and the obligation to attend specific programs for the prevention of domestic violence, may be applied to the accused.

The accessory penalty of prohibiting contact with the victim must include removal from the victim's residence or place of work and compliance with it must be monitored by technical means of remote control.

Anyone convicted of a crime provided for in this article may, given the seriousness of the fact and its connection with the function performed by the agent, be inhibited from exercising parental authority, guardianship or guardianship for a period of one to ten years.

The law has gaps, including the possibility for an aggressor/potential aggressor to resort to specific programs for the prevention of domestic violence before being convicted for the commission of criminal acts.

And it would be very important that this could happen, because, in addition to physical violence, we cannot forget the drama of psychological violence for the victim and I believe that there will be aggressors/potential aggressors who, properly accompanied, would no longer be.

Law enforcement is not always the best, especially with regard to the application of ancillary contact penalties.

It should be noted that the current socio-economic situation in which we live enhances the perpetration of this type of crimes, not only against women, but also against children and the elderly, situations that are less media-oriented, but equally dramatic.

APAV – Victim Support Association has been carrying out tireless work.

However, the situation remains unacceptable, inconceivable and intolerable!

“I believe in the good in men,” wrote Anne Frank in her diary. I believe, but in these moments my belief is shaken. How is it possible for someone to take the life of someone like that? The emotional and psychological imbalance of these aggressors lead to worst-case scenarios, scenarios that we cannot allow.

The "justifications" so often given are not acceptable, that "it's not his fault, he was even a good guy, she wasn't sweet, she got in the way, she didn't fulfill her obligations, he's out of a job, he drank one a little too much, she raised her voice…”

Mentalities continue to be the main enhancer of this type of barbarism. It is in our hands, in our actions, to reverse this situation, which, in addition to all the human costs it has, also has economic costs (for those who want to analyze this matter from this perspective, there are already some studies that point in this direction).

Education for citizenship plays a key role in changing behavior. It is essential to show young people that dating violence behavior is unacceptable.

I'm done! I'm sick of reading, listening, watching news like this. This death took place in the city where I live and work, where every day I come across women who suffer the horror of domestic violence. I'm in mourning!

Author: Inês Morais Pereira
Lawyer

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