Moterų, patiriančių smurtą šeimoje, teisių gynimo problemos

Abstract

Domestic violence has many forms, including physical, psychological, sexual abuse, economic deprivation, neglect of person. Victims of domestic violence have a real possibility to be protected through the legal system only in cases of physical harm, when they experience major or minor injuries. Although violence against family members is a very specific offence because of the close relationship between a victim and an abuser, there are only a few legal measures provided by the Lithuanian Criminal law which correspond to this specificity. The cases of domestic violence crime are being investigated and offence is being classified on the basis of seriousness of bodily injury incurred to the victim. In the cases, where bodily injury is not serious, the offence is classified under the Criminal Code (article 140, part 1), and a victim has to appeal to the Court by herself under the private prosecution procedure. Police officers don’t fulfill any investigation in these cases. The written claim must contain circumstances of the crime, list of witnesses who can confirm these circumstances. The victim has to provide evidence gathered by her, and she usually has no means to do this. Thus, the abuser usually escapes punishment and continues committing acts of violence.