I understand the misgivings that people have of laws of this sort. Whenever a law involves stuff going on inside our homes, people tend to start running around screaming 'Big Brother!" "Nanny State!" and various other meaningless buzzwords. And frankly, I'm sceptical too. While I believe the intentions of such a law are noble, I am concerned about enforcement and a lack of evidence. Unless the French government really does become 'Big Brother' and puts cameras in people's houses, it will be very difficult to get enough evidence to prosecute. After all, this is psychological abuse, and so we have only the victim's word to go on, rather than any physical evidence.
But I have seen with my own eyes the effects of domestic abuse and 'psychological violence', and it is not pleasant. Not pleasant at all. It is bad enough that your partner is treating you like something less than dirt, but to not even receive the protection of the law leaves the victims of abusive relationships completely trapped and psychologically scarred. Clinical depression and other serious mental illnesses usually follow, which can lead to suicide or violent and spontaneous reprisals against their abusers after years of suffering.
I struggle to see, however, how introducing a new law on 'psychological violence' (which, though I do not know the French Legal System, would be covered in English Law under non-fatal offences against the person) would have any effect unless it is accompanied with new measures of enforcement and raising awareness. Unless in France domestic abuse would not be covered under the ordinary law of assault, I just don't see the point. What the French government should be doing is focusing on greater enforcement, better and fairer treatment of victims, and increasing awareness that these people do not have to suffer in silence.
(More to come as my research on the subject continues!)
This seems to me a 'feelgood' law. Something that everyone goes "Yes, that's a good law to have", but in all reality, will almost never be used or used correctly. I can see it being brought to bear during divorce proceedings, after people have been arguing and disatisfied with each other for a long period of time. Those who it would actually benefit will almost never seen it used, many people in pyschologically abusive relationships are co-dependant on thier abuser, and it won't happen. But if there's a camera in my living room, I'll be more careful of the insults I throw around when having an arguement...
ReplyDeleteThere is already an acceptance of psychological injury as evidence of dv for a concession under the 2 year marriage visa rule.
ReplyDeleteAnd the Protection from Harassment Act also applies - and there are remedies available under Family law (where the parties are or were in a relationship).