With the international campaign of 16 Days of Activism against Gender-Based Violence, Kona Connect has demonstrated a strong commitment to raising awareness and prevention of domestic violence. Similarly, my aim here is to discuss the legal aspects of domestic violence and its implementation in Swiss criminal law.
Around the world, Switzerland being no exception, the sheer number of criminal acts committed – often with no consequences – are staggering, as very few victims press charges. The Covid-19 pandemic exacerbated domestic violence. With curfews and quarantines, household communities are under even greater pressure than before. In the worst cases, the additional burden manifests itself through increasing violence.
Almost 2/3 of all homicides in Switzerland in 2019 were committed in the domestic sphere
In 2019, 29 of 46 homicides were committed in households, which is almost two-thirds of all homicides registered by the police in Switzerland that year. The escalating forms of violence that lead to homicide are often committed at home behind closed doors, making many victims hesitant to report the crime. This is one major reason why we are building a tool to facilitate potential evidence gathering.
According to the federal office for statistics, in the year 2019 (so pre-Covid-19), there were 19,669 crimes committed in the domestic sphere, 11,058 injured persons, and 10,495 accused persons. 1 Acts of aggression (32%), threats (22%), insults (19%) and common assault (10%) accounted for a total of 84% of all criminal offenses registered by the police in the domestic sphere. 2 The percentage of female and male victims has hardly changed compared to previous years (63.4% women, 22.7% men and 13.9% children). As Kona Connect has documented via the 16-Day Campaign, domestic violence is a violation of human rights. It can result in injuries and serious physical, mental, sexual, and reproductive health problems. In the gravest of cases, it can result in death. Of these 29 homicides, 15 occurred in a partnership, in which 14 women and one man were killed. 3 In other words, approximately every four weeks a woman is killed within a partnership in Switzerland.4
Before 31 March 2004, the Swiss Criminal Code (StGB CC 311.0) only allowed prosecution if the victim filed a formal criminal complaint. A report to the police meant that they could intervene immediately. However, if the victim did not subsequently file a complaint or withdrew it, law enforcement was not required to investigate, let alone punish the violent acts in question. On 1 April 2004, an amendment to the Swiss Criminal Code came into effect, according to which common assault,5 repeated acts of aggression,6 threatening behavior,7 indecent assault8 and rape9 in marriage or partnership were declared official offenses. These offenses must therefore be prosecuted ex officio, which means that law enforcement agencies must investigate the alleged perpetrator. This law protects heterosexual or same-sex couples, with the prerequisite being that both parties live in a common household for an indefinite period or up to one year after their separation. Offenses such as single acts of aggression,10 unlawful entry11and misuse of a telecommunication device, 12 however, still require a prosecution application by the victim.
Crime and No Punishment
According to the Federal Office for Statistics the sombre figure of unrecorded cases of domestic violence is high.13 Various studies 14 indicate that only 15 to 20 percent of victims ever report their abuse. Cases of severe physical violence or even death, however, are likely automatically reported. Accordingly, the milder the assault, the less likely it will be reported, even though the effects can be similarly devastating.
In 2019 the Directorate of Justice in Zürich investigated how cases of domestic violence were resolved in the long term. Of 427 investigated cases, 65 percent were terminated without a conviction. Of these, about half were voluntarily dismissed by the victim. According to this study,15 in 15 percent of the cases the social environment of the victims exerted pressure. Why is this the case? The first thing that comes to mind is that criminal proceedings are usually not immediately helpful for the victim. Convictions can have severe effects on the whole family, including the financial consequences of job loss and fines. A criminal proceeding also puts a lot of pressure on anybody involved and victims of domestic violence often also want to prevent their children from losing a parent.
Covid-19’s role in rising domestic violence rates
Since the outbreak of the pandemic, people all over the world are encouraged or required to stay home. Movement restrictions and psychological burdens impair already strained relations and the risk of intimate partner violence has increased. Moreover, access to sexual and reproductive health services have become more limited. The few sources of help that would usually be available are difficult to access as the pandemic also impedes services like hotlines, crisis centers, shelters, legal aid and protection services.
In contrast, the latest results presented in June 2020 by the Task Force against Domestic Violence show that in the majority of the cantons reported cases of domestic violence during the Corona pandemic have remained stable compared to the previous year. However, in some cantons victim support centers have noted an increase in the number of consultations on domestic violence since mid-May 2020.16 Those consultations are not necessarily legally reported.
The lack of increase in legally reported cases does not mean the crisis has prevented or even reduced domestic violence. Rather, the lockdown has led to domestic violence being less detected and less frequently reported to law enforcement authorities. The disruption of social and protective networks, loss of income, and decreased access to services exacerbate the risk of domestic violence.
Improving Legal Services Moving Forward
In the current emergency situation, which requires a retreat into the private sphere, those affected by domestic violence must have access at all times to adequate protection services such as women’s shelters and counseling centers. Right now, forms of gender-specific violence are particularly evident. As I’ve highlighted here, law enforcement alone is not enough to prevent domestic violence. Victims also need health interventions, civil law protection, counseling, and financial support. In many cases the situation is extremely delicate and victims are dependent on their abusers. Quite often convictions not only affect the abuser, but also the victim’s family or community. That is why we are continuing our commitment and work for the rights and protection of women and other marginalised persons.
Share Post
Partager sur facebook
Facebook
Partager sur twitter
Twitter
Partager sur linkedin
LinkedIn
Partager sur email
Email
1 https://www.bfs.admin.ch/bfs/de/home/statistiken/kriminalitaet-strafrecht/polizei/haeusliche-gewalt.html
2 An injured or accused person is registered once per case. A case represents the entirety of the crimes within a report or a police investigation. The same person can be registered by the police several times within one calendar year or over several years.
3 https://www.bfs.admin.ch/bfs/de/home/statistiken/kriminalitaet-strafrecht/polizei/haeusliche-gewalt.html.
4 The figures on the development of domestic violence in 2020 will be published in the police crime statistics in March 2021.
5 Art. 123 No. 2 paragraph 3-5 StGB.
6 Art. 126 paragraph 2 b, bbis, and c StGB.
7 Art. 180 paragraph 2 StGB.
8 Art. 189 StGB.
9 Art. 190 StGB.
10 Art. 126 No. 1 StGB.
11 Art. 186 StGB.
12 Art. 179septies StGB.
13 https://www.bfs.admin.ch/bfs/de/home/statistiken/querschnittsthemen/monitoring-legislaturplanung/querschnittssicht/gleichstellung/haeusliche-gewalt.html; https://www.bfs.admin.ch/bfs/de/home/statistiken/wirtschaftliche-soziale-situation-bevoelkerung/gleichstellung-frau-mann/gewalt.html.
14 Statement: Pia Allemann Beratungsstelle für Frauen gegen Gewalt in Ehe und Partnerschaft BIF; https://www.srf.ch/news/schweiz/tabu-thema-haeusliche-gewalt-die-grosse-dunkelziffer; https://www.telez.ch/https-www-telez-ch-tele-z-aktuell-beitrag-13-11-2020-b1_21731/.
15 https://www.tagesanzeiger.ch/zuerich/region/opfer-wollen-taeter-oft-gar-nicht-bestraft-sehen/story/29953861.
16 Bern, 04.06.2020, https://www.admin.ch/gov/de/start/dokumentation/
