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Domestic violence: what are the existing mechanisms and are they sufficient?

2021-05-07T17:32:46.848Z


INTERVIEW - For Me Anouchka Assouline, lawyer at the Paris bar, "despite the great communication discourse, not much is done for women victims of domestic violence".


The death of a 31-year-old woman, burned alive by her companion on Tuesday afternoon in Mérignac (Gironde), revives the debate on domestic violence.

The 44-year-old assailant, Mounir B., had in fact already been convicted of

"willful violence by spouse"

.

Released on December 9, 2020, he had in theory "

the prohibition to come into contact with the victim and the prohibition to appear at his home

", according to the prosecution.

To read also: Grenelle of domestic violence: one year later, associations regret slowness and a lack of budget

LE FIGARO.

- In general, are the perpetrators of domestic violence in your eyes sufficiently sanctioned by French justice?

Anouchka Assouline.

-

I do a lot of domestic violence cases and it is rare that it goes as far as correctional.

In addition, there are very few convictions with a prison sentence.

These are most often suspended sentences, for example 6 months, even for fairly severe violence such as punches in the head or kicks.

The facts are also often the subject of a reminder of the law, or of alternative measures to prosecution, before a public prosecutor which may give rise to a training course to raise awareness of domestic violence.

Policy can change from court to court, but it is often quite lax.

It is rare that there are convictions.

What are the existing mechanisms to protect women victims of domestic violence?

Are they sufficient?

Despite the great communication rhetoric, not much is done for women victims of domestic violence. There are protection orders, which can be issued by the family court judge to prohibit the abusive spouse from coming into contact with the victim, but their impact is limited. It works in good faith and if it's not respected, not much will happen. If it goes all the way to the criminal court, there may be a judicial review, with a ban on coming into contact while awaiting trial, but again there are few controls. It is on the good faith of the respondent. And when this is not respected, we know very well that there is in reality little or no sanction.

There are also anti-reconciliation bracelets (they make it possible to geolocate the violent spouse or ex-spouse and to trigger an alert system when he approaches the protected person, Editor's note) and “great danger phones”, where women can call a device if the abusive husband approaches.

They can be set up within the framework of the protection orders of the family court judge or by the public prosecutor, but it is a device that we see very little and whose criteria for obtaining are uncertain.

In my career, I have only seen the establishment of a great danger telephone once.

What could be improved to further protect victims of domestic violence?

We need magistrates specializing in domestic violence, people who do just that, but also special training to understand the psychology of women victims of domestic violence, the notion of control, the impact of domestic violence on children.

Some magistrates continue to grant traditional visitation rights, which maintains contact and does not allow victims to conceal their address.

We also need more resources by developing anti-reconciliation bracelets and high-danger phones to make it almost automatic as soon as someone appears in criminal court for certain types of domestic violence - strangulation, punches, beatings. knife - without having to do 15,000 steps.

What would you advise a woman victim of domestic violence?

I would advise him to change his address and go into exile far away.

Today, if a violent man wants to immolate his ex-girlfriend, he will do it and not much can dissuade him!

Many victims do not even denounce the facts because they tell themselves that nothing will happen and that it will not change anything.

Source: lefigaro

All news articles on 2021-05-07

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