What is the penalty for psychological aggression?
What is the penalty for psychological aggression?
II – subjecting someone, under their custody, power or authority, with the use of violence or serious threat, to intense physical or mental suffering, as a way of applying personal punishment or preventive measures. Penalty – imprisonment, from two to eight years.
For the first time, a case of psychological violence is punished with the maximum penalty
MJ (protected name) is from Guayaquil and is 32 years old. At the beginning of 2017 she began a relationship with a man 30 years older than her. Today, more than three years later, she seeks justice because the person who became the father of her third daughter was also her aggressor.
Throughout the relationship, MJ endured manipulation, yelling, insults, and threats . The violence reached the physical level. One day, while she was pregnant, her ex-partner pushed her down the stairs of the house from the first floor. She and her baby survived.
However, the relationship continued. “Deep down you always hope that (the aggressor) will change,” says the young woman. But now, after the psychological and legal support he has received, he recognizes that relationship as abusive.
MJ ‘s defense managed to get the justice system to punish her former partner with 36 months in prison on October 1, 2020. This is the first sentence in the country that grants the maximum sentence for this crime. The Comprehensive Organic Penal Code (COIP), in force since 2014, criminalized psychological violence in Ecuador.
According to a 2019 INEC survey, five out of 10 women in Ecuador have suffered psychological violence . In 41% of cases, this comes from the couple. The penalties established in the COIP range from 30 days to 3 years, depending on the level of damage, which is divided into three degrees: Mild: Prison sentence of thirty to sixty days. Moderate: Prison sentence of six months to one year. Severe: Prison sentence of one to three years. However, in the MJ case , both parties can still appeal. What she and her legal team expect from her is that aggravating circumstances be considered , which could add an additional year to the sentence.
Insufficient penalties?
In 2015, the Attorney General’s Office announced the first sentence for psychological violence in the country. Geovanny P. received 30 days in jail for psychological violence against his wife. As in that first case, many of the sentences remain minimal. Xavier Izurieta, MJ ‘s lawyer , says that in the majority, abusers even manage to redeem their sentence through community service. Therefore, this case is important as a precedent for the victims of this type of violence in the country.
The psychiatrist diagnosed MJ with post-traumatic stress disorder . According to the Mayo Clinic, it is a mental illness “triggered by a frightening situation.” Among the main symptoms of this condition are recurring and distressing involuntary memories of the traumatic event , anguish, and physical reactions to situations and things that remind of said event. The psychiatric treatment that MJ requires is for life. For this reason, Izurieta wonders, are three years in prison enough? Furthermore, the effects are not only being suffered by her, but also by her youngest daughter, another victim of the aggressor.
MJ remembers with pain when the little girl was just a few months old and he, amidst screams and insults, broke the baby’s crib and then spit on her. As a result, she decided to separate. In September 2019 she began the tax investigation and in November of that year a restraining order was issued for her ex-partner. But he kept trying to approach them. Thus, they fled to another city. Today, despite there being a sentence, the violence does not stop . The man, now married to another woman, continues to contact MJ. Through different accounts on social networks and telephone numbers, he writes violent messages that can even be interpreted, according to Xavier Izurieta, as death threats. Cultural barriers Xavier Izurieta says that in the process they have encountered some barriers.
The main one has to do with culture: “We live in a society in which machismo in relationships is seen as normal.” Izurieta says that society pushes women who have experienced these situations to feel shame. And that many times they seek to discredit the victim. Gilda Palacios is a lawyer and expert in women’s rights. She explains that the Police and prosecutors have the obligation to assume international human rights standards and align their actions with them.
This implies, says the specialist, fully complying with the process and seeking clarification of the facts. That is, these processes should not be tainted by prejudices or sexist stereotypes. Something that—in Izurieta’s opinion—exists and is evidenced daily in litigation related to gender violence. MJ says she is tired of having to tell what happened so many times, of reliving the pain and fear. This is known as revictimization. But, she is willing to face the barriers along the way.
What you want is to show that: “Psychological abuse can lead to mental illness and leaves permanent consequences on the victim.” She wants her case to be an example for other women who are experiencing the same thing as her. Let them seek support and take legal action. “That they do it in time to prevent it from leading to femicide.”
What is the minimum sentence for a crime of gender violence?
When talking about the crime of gender violence , we can refer to different behaviors regulated in the Penal Code and the Law on Comprehensive Protection Measures against Gender Violence : injuries, mistreatment, threats, coercion, insults or slight unfair humiliation.
Let’s see what the minimum penalties that each of these crimes entail.
Crime of injuries
The crime of injuries , when the victim is a woman who is or has been a partner of the perpetrator, is regulated in article 148.4 of the Penal Code . The minimum penalty contemplated for this type of crime is 2 years in prison.
The typical conduct consists of causing an injury that impairs the bodily integrity or physical or mental health of the victim, when said injury objectively requires medical or surgical treatment for its health, in addition to first medical assistance .
Crime of mistreatment
Abuse of women is regulated in article 153.2 of the Penal Code . In this case, the minimum penalty is 6 months in prison, or 31 days of work for the benefit of the community and, in any case, deprivation of the right to own and carry weapons for a period of 1 year and 1 day.
This crime consists of causing mental impairment or an injury of less severity than those provided for in article 147.2 of the Penal Code (that is, injuries that do not objectively require medical or surgical treatment for their health, although they may require initial medical assistance). .
Crime of threats
Threats in the field of gender violence can refer to different behaviors contemplated in article 171 of the Penal Code , in sections 4, 5, and there is also a basic type in section 6:
Mild threats
Minor threats , when the victim is a woman who is or has been a partner, are regulated in section 4 of article 171. The minimum penalty is imprisonment for 6 months or work for the benefit of the community for 31 days, and always entails deprivation of the right to own and carry weapons for a period of at least 1 year and one day.
If the crime is carried out in the presence of minors, or in the common home or that of the victim, or in violation of one of the penalties contemplated in article 48 of the Penal Code or a precautionary or security measure of the same nature, The sentence will be imposed on its upper half.
Threats with weapons or other dangerous instruments
It is regulated in section 5 of article 171, and the minimum penalty is 3 months in prison or work for the benefit of the community for 31 days, and, in any case, the deprivation of the right to possess and carry weapons for 1 anus.
Again, when the crime occurs in the presence of minors, or in the common home or that of the victim, or violating one of the penalties contemplated in article 48 of the Penal Code or a precautionary or security measure of the same nature, The penalty will correspond to its upper half.
Attenuated type of the crime of threats
It is regulated in section 6 of article 171, and means that the Judge or Court can impose the lower sentence in degree in the two previous crimes (those in sections 4 and 5).
You must reason it in a sentence, taking into account two criteria:
- The personal circumstances of the author.
- The circumstances that occur in the execution of the event.
Crime of coercion
This crime consists of mildly coercing the victim, and is classified in article 172.2 of the Penal Code . Its minimum penalty is 6 months in prison or community service for 31 days, and in any case it will mean deprivation of the right to own and carry weapons for at least 1 year.
The penalty will be in its upper half if the crime is perpetrated in the presence of minors, or in the common home or that of the victim, or is carried out in violation of a penalty contemplated in article 48 of the Penal Code or a precautionary measure or security of the same nature.
Likewise, a lesser penalty may be imposed, reasoning it in the sentence and taking into account the personal circumstances of the perpetrator and those concurrent in the commission of the act.
Crime of slight unjust insults or humiliation
The crime of slight insults or unfair humiliation against a woman who is or has been a partner is regulated in article 173.4 of the Penal Code , with a minimum penalty of permanent location of 5 days in a different address and far from that of the victim, or work in benefit of the community for 5 days, or a fine of 1 month (this last penalty will be imposed only if the circumstances of article 84.2 of the Penal Code occur ).
The same penalties apply in the case of targeting the victim with expressions, behaviors or propositions of a sexual nature that create an objectively humiliating, hostile or intimidating situation, without constituting other more serious crimes.
What does the Maria da Penha Law identify as psychological violence?
Psychological Violence Any conduct that: causes emotional harm and decreases self-esteem is considered; harm and disturb the full development of women; or aims to degrade or control your actions, behaviors, beliefs and decisions. 3.
How do I know if I am suffering psychological violence?
Relationship therapist Sabrina Costa draws attention to the signs that may indicate that a woman is being a victim of psychological violence :
- – Feeling unable to succeed in life;
- Doubts about your intellectual capacity;
- Feeling inferior to your partner;
- Feel oppressed;
- Loss of enthusiasm for life;
What can psychological violence cause?
Psychological violence has consequences for mental and physical health. . It can cause problems such as depression, anxiety and even suicidal thoughts.
How to identify psychological torture?
Below, check out other ways in which the psychological state of victims can be affected:
- constant feeling of unhappiness;
- paranoia;
- excessive fear;
- psychological and emotional exhaustion ;
- defensive behavior;
- lack of confidence;
- difficulty expressing yourself;
- social isolation;
What is psychological violence?
The text determines that psychological violence is understood as any conduct that causes “emotional harm and decreased self-esteem” or “damages and disrupts full development or that aims to degrade or control their actions, behaviors, beliefs and decisions”.
What is psychological violence examples?
For example , acts of humiliation, moral devaluation or public debauchery can characterize psychological violence , as well as attitudes that undermine the victim’s self-esteem and can trigger different types of illnesses, such as depression, nervous disorders, psychological disorders , among others. .
What is emotional and psychological violence?
Emotional and psychological violence corresponds to a set of verbal or non-verbal acts, isolated or repeated, used intentionally to cause damage and emotional and psychological suffering to the victim.
What is emotional torture?
Impacts of Psychological Torture The emotional pain resulting from repeated situations of humiliation, offenses and countless psychological embarrassments carried out by the aggressor, leads to the development of various physical and emotional discomforts in the person who suffers this type of violence.
What is mental aggression?
Psychological violence is understood as any conduct that causes emotional harm and reduced self-esteem or that harms and disrupts full development or that aims to degrade or control their actions, behaviors, beliefs and decisions, through threat, embarrassment, humiliation, manipulation, isolation, …
What leads to aggression?
Research Ibope/Instituto Patrícia Galvão (2004) found that 81% of interviewees pointed out, in multiple responses, the use of alcoholic beverages as the factor that most provokes men’s aggression against women (78% of men, 84% of women) ; 63%, jealousy (61% of men, 64% of women); 37%, the…
What can be considered physical aggression?
When someone says “so and so left for ignorance”, they may be referring to physical aggression , but it can also mean shouting, hitting the table, threatening, intimidating, restricting, blackmailing, forcing something or violating. It is ignorance, in fact – in this case, of the other person’s limits.
What is the penalty for physical assault?
Minor bodily harm – Crime provided for in article 129 of the Penal Code. Prison sentence of 3 months to 1 year. Considered a crime with low offensive potential. E.g.: assaults that result in physical injury .
What types of violence exist?
Types of Violence
- Financial and economic abuse / Property violence . …
- Illegal adoption / Brazilian adoption. …
- Online child sexual grooming. …
- Bullying. …
- Cyberbullying. …
- Discrimination. …
- Exposure of nudity without consent (sexting) …
- Negligence and Abandonment.
What is worse physical or moral aggression?
Which is worse : bullying with physical aggression or bullying with moral aggression ? Both attacks are serious and cause harm to the target of bullying. Because it has immediate and easily visible consequences, physical violence is often considered more serious than swearing or gossip.
What are the consequences for people who suffer from cyberbullying?
Cyberbullying can lead the victim to isolation, depression and even suicide.
What are its consequences?
Social isolation; Panic and anxiety attacks, due to constant stress; Violent behavior towards oneself, others and the environment; Physical changes, such as difficulty sleeping, eating disorders and even leading to alcohol and drug consumption.
What are the consequences for the person who is the target of bullying?
Students who are bullied , especially when they do not ask for help, face fear and shame about going to school. He may want to abandon his studies, not think he is good enough to join the group and present low performance.
How to identify who is the target of bullying?
The target is usually a child with low self-esteem and withdrawn both at school and at home. This is why it is often very difficult for young people who suffer from bullying to start reacting. This is where the issue of repetition in bullying comes in , because if the student seeks help, the tendency is for the provocation to cease.
What impacts can global warming cause?
The consequences of global warming include melting ice, rising ocean levels, desertification, changes in rainfall patterns, floods and a reduction in biodiversity.
What is GBV?
As integrated care for victims of violence is an activity that requires basic care, one of the main needs is the creation of infrastructure in Health Units. …
When does aggression occur?
Aggression is an act in which an individual intentionally harms or harms another of its own species. Aggressive behavior in humans can be broadly defined as hostile social behavior, such as inflicting harm or causing harm to a person or group.
What is an assault?
1 Action or effect of attacking , hurting or offending someone. 2 Feeling of hostility that can lead to violent and intimidating behavior; incitement, instigation, onslaught. 3 Armed attack by one State on another without declaring war.
