Open source

The law No. 2227-VIII which provides criminal liability for domestic violence comes into force in Ukraine. A year ago, the document was published on Golos.

Domestic violence is intentional regular physical, psychological or economic abuse of a partner or former partner, family member or relative, which leads to physical or psychological suffering, health problems, impairment, emotional dependence or worsening of quality of life of the victims. For this the criminal faces 50-240 hours of public works or arrest for up to six months, restriction of liberty for up to five years or imprisonment for up to two years.

Not only illegal abortion but also illegal sterilization will also be punished. Forcing to sterilization without an agreement will be punished in the form of restriction of liberty for up to five years with deprivation of a right to hold some positions up to three years or without such. If forcing to sterilization lead to serious consequences of death – restriction of liberty or imprisonment for up to five years and ban to engage in certain activities for up to three years.

Forcing to abortion without voluntary consent of the victim implies a restriction of liberty for up to five years or imprisonment for up to three years with deprivation of a right to hold some positions or engage in certain activities for up to three years or without such.

Forcing to marriage will also lead to criminal liability, along with prolongation of forced marriage or cohabitation or its prolongation or pushing to emigration. For this, a person faces arrest for up to six months, restriction of liberty or imprisonment for three years. Cases when the crime was repeated or it was committed by a group of people against two or more people or against a person under marriage age will be punished more severe – restriction of liberty or imprisonment for up to five years.

The new variant of the document will have an article about rape – an act of sexual nature related to vaginal, anal or oral penetration into the body of another person with the use of genitals or any other thing without voluntary consent of the victim. The punishment remains the same – imprisonment for five years. Cases of raping of a partner, ex-partner, a relative will be punished as well – the perpetrators, in this case, faces imprisonment for 5-10 years. There is also a separate item on “raping of an individual under 14 years regardless of his/her voluntary consent”. The criminal faces 8-15 years in jail.

The phrase “violent satisfaction of the sexual indulgence in an unnatural way” was changed with a phrase sexual abuse. In particular, it is about violence of a sexual nature without penetration into the body of another person without voluntary consent for that. The criminal in this case faces 3-7 years behind bars. Sexual abuse towards a person under 14 regardless of his/her consent leads to imprisonment for 5-10 years.

Forced sexual relations is a reason for fine amounting $30,3 or arrest for up to six months (earlier, this crime was punished only if the victim was in a dependent position). The new edition sanctions for forcing to sexual relations were tightened – now, it is detention for six months or restriction of freedom for up to three years. If such crime was followed by threats to destroy or seize the property of the victim or his/her relatives or by blackmailing – the criminal faces imprisonment for up to three years.

Even if the victim refused from the accusations in the criminal proceeding on domestic violence, the proceeding will not be closed. The reconciliation agreement can be made only under the victim’s initiative.