Parliament intensifies responsibility for sexual abuse and domestic violence

Ukrainian Parliament has adopted the Law “On Amendments to the Criminal and Criminal Procedural Codes of Ukraine to implement the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence” (registration No. 4952).

According to UNIAN, 241 MPs voted for this decision. The law implements the provisions of the Istanbul Convention in national legislation, which allow to improve the criminal and criminal-procedural legislation of Ukraine to combat violence against women and domestic violence. The document introduces criminal liability for domestic violence and forced marriage.

This law supplements a new section to the Criminal Code envisaging restrictive measures against persons who have committed domestic violence. It stipulates that in the interests of a victim of a  domestic violence-related offense, the following measures may be imposed on a convicted person: a prohibition to stay in a place of residence with a person who has suffered from domestic violence; restriction of communication with the child in case of domestic violence committed against or with the child; a ban to approach at a certain distance to a place where a person who has suffered from domestic violence can permanently or temporarily reside, temporarily or systematically stay in connection due to the work, study, medical treatment issues or for other reasons; the ban of correspondence, telephone conversations with a person affected by domestic violence, other contacts through communication or electronic communications in person or through third parties; referral to the program for the offenders.

 Article 126-1 of the Criminal Code provides that domestic violence, that is, the intentional systematic acts of physical, psychological or economic violence towards one of the present or former spouses or other person with whom the perpetrator is in a family or intimate relationship which leads to physical or psychological suffering, health disorder, disability, emotional dependence or deterioration of the quality of life of the victim, shall be punishable by public works from 150 to 240 hours, or arrest for a term of six months, or imprisonment for up to five years, or imprisonment for up to two years.

Article 134 of the Criminal Code "Illegal Abortion or Sterilization” is given in a new wording. It provides that the abortion made by a person without special medical education is punishable by a fine of 50 to 100 tax-free minimum incomes, or public works for a term of 100 to 240 hours, or corrective labor for a term up to two years, or restraint of liberty for a term up to two years.

Compulsory abortion without voluntary consent of the victim is punishable by restraint of liberty for a term up to five years or imprisonment for a term up to three years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years or without such. For illegal abortion, which resulted in prolonged health disorder, infertility or death of the victim, there is a restriction of liberty for a term up to five years or imprisonment for the same term with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years or without such deprivation. If this resulted in death, then it is punishable by restraint of liberty for a term up to five years or by imprisonment for the same term with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

According to the changes, the compulsion to sterilization without the voluntary consent of the victim, is punishable by restraint of liberty for a term up to five years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years or without such deprivation. The amendments stipulate that the forced entry of a person into marriage or the continuation of a forced marriage, or the entry into cohabitation without a marriage, or the continuation of such cohabitation, or the inducement of the person to this end to move to a territory other than the territory of its residence, is punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.

Article 152 "Rape" is also set in a new wording. It provides that rape is punishable by imprisonment for a term of three to five years. Greater responsibility is provided for group rape and repeated rape.

As RISU has previously reported, the All-Ukrainian Council of Churches and Religious Organizations appealed to the leadership of the Ukrainian Parliament and parliamentary factions to approve bills aimed at combating domestic violence, including those concerning women.

Religious activists urged parliamentarians to vote for bills No. 4952 and No. 5294, which were already prepared for the second reading, without linking their consideration to the ratification of the Istanbul Convention due to substantial remarks.