Kobiety doświadczające przemocy w rodzinie i ich ochrona. Aspekty prawne i społeczne

Abstract

Domestic violence against women has been an issue of increasing interest in recent years. A multidimensional analysis of the problem improves on the current knowledge of the issue, making it possible to take steps aiming to help female victims of violence, as well as find preventive measures to mitigate the effects of violence. There are many areas where violence arises, including violence against women. This is one of the reasons why this issue should be the subject of research on a larger scale. Diagnosing the problem is the basis for further practical measures, not only on an individual level, but also for groups and institutions, with the view to supporting victims and preventing violence. In this book the issue has been presented from a socio-Iegal perspective. The work is based on the results of research conducted as part of the DAPHNE III program Special needs and protection orders (SNAP), financed by the European Commission. This international project was realised from October 2014 to September 2016 by partners from Austria, Germany, Portugal, Ireland and Poland, the last of which was represented by two institutions: the Department of Sociology of Education and Social Gerontology and the Department of Andragogy and Educational Gerontology of the University of Białystok. The object of interest for the SNAP project was the protection of female victims of domestic violence who are in particular danger from violent behaviours, such as elderly women, mothers with children, women with disabilities, or mental health issues. Therefore, the research done as part of the SNAP project focused on the effectiveness and usefulness of measures used by justice and law enforcement agencies to protect female victims of violence. The research involved an analysis of 50 cases involving art. 207 of the Penal Code. The case files were obtained from the District Court in Białystok. The cases involved mothers with children, elderly women and women with disabilities. Furthermore, 30 interviews were conducted with practitioners and experts in the field. Research has shown that the greatest number of cases involving art. 207 of the Penal Code conducted in the District Court in Białystok involved middle aged (30-39 and 40-49) mothers with children, while the least common type of case involved very old women - only one of the analysed cases involved a woman aged 84. Court file analysis indicates that the perpetrator's alcohol addiction was a factor in almost aU cases. In the initial stages of the situation of violence the victims were usuaUy passive and decided to take step s to improve their situation only after the violence increased or in situations of severe danger (for example after the children had be en victimized as well). It should be noted that female victims of violence were not always strong enough to see the case through to the end. Most of the cases (34) which reached court finished with a suspended prison sentence. In 14 cases the perpetrators were in fact incarcerated due to a lack of improvement in their behaviour. Some (13) cases were dismissed for one of two reasons. Firstly, some victims asked for the charge s to be dropped stating that their husbands' behaviour had improved and they wanted to give them a second chance. Interviewed practitioners stressed that going back on steps they have already taken if often a differentiating characteristic of domestic violence victims. Secondly, in some cases the court decided that mediation is the best way for the parties to reach an agreement. It should be stressed that mediation almost always led to an agreement. For the court this was an argument for a conditional dismissal. Court file analysis found that some protective measures were employed, such as temporary arrest, eviction, or police supervision. The experience of practitioners, however, indicates that measures for preventing violence and protecting victims, which exist in Poland are not often used in cases of domestic violence. Firstly, the shame and fear of others' reaction, lack of trust in aid institutions, as well insufficient knowledge of existing means of protection, mean that young, elderly, or disabled women do not report their problems and as a result receive no protection. Practitioners stressed that the position of women in rural areas is particularly difficult, as they do not know their rights as victims and are also prevented from taking steps by their economic situation, as well as out of fear that they will not be able to manage the farm on their own. Secondly, practitioners believe that the various groups of helpless victims receive no protection, because one of the basic factors, often necessary for applying those protection measures, is the determination of the victims and their willingness to bring about change, which are, sadly, still a rare thing. Research results reveal certain flaws in the operations of the judiciary, law enforcement and social aid, which could be improved by introducing additional measures. It would make sense to introduce a therapeutic program for incarcerated perpetrators - most importantly rehabilitation from alcohol addiction. Support programs should also be available for victims of intimate partner violence while their husbands are in prison. It is important to teach victims about the mechanism used by the perpetrators and how to resist them. Workshops should also be available for police officers, judges and other people in the judiciary and law enforcement, which would equip them with knowledge of how to interview the victims. Socio-demographic characteristics of the victims are also important - for example gerontological knowledge would be useful for interrogating elderly victims. It also seems reasonable that the subject of domestic violence should be taught to students of law and police schools, providing detailed knowledge of the problem. These are only some of the proposed ways of improving the existing measures for protecting victims of violence. Implementing them should be seriously considered, because the problem of violence against women from various helpless groups is one of the social issues which arouses outrage in the society, especially when it involves mothers with children. Therefore, no effort should be spared to minimise this problem.