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Proposal, Law for Crimes Against Victims of Domestic Violence/Force feeding article

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  • 09-05-2015 5:19pm
    #1
    Registered Users Posts: 1


    Proposal for Law for Crimes Against Victims of Domestic Violence
    or
    Proposal for Implementing Equal Treatment of Persons that are Victims of Domestic Violence

    I am a scientist, philosopher and writer. I am also a victim of domestic violence and a victim of organized attacks that span to my childhood, where even the government officials were involved. The reason for the existence of this proposal stems from escalation of violence directed against victims of domestic violence, which is a part of modern society. I suffered many criminal offenses as young as 13 such as attack that took place during class in high school where I barely remained conscious. No one reported the crime, not even the teacher or the principal. One of the attacks happened as when I wanted to enroll at the state university to study philosophy, a sexual assault and my relatives were involved. I believe the goal of these attacks was to create a history of violent events in my life and to turn a peaceful young man violent, a man who wants to rise above his family problems and be a better person, and wants to study philosophy, science or art. The goal was also to justify further discrimination, denial of the right for education, work and any normal form of living. The attacks were organized with the knowledge that I am an abused person and that I have family problems. Since I had been an abused young man with family problems I was particularly at risk and vulnerable, a lot more than other people of my age. Now I can't initiate criminal prosecution to find out the truth about my lost youth, as the organizers and perpetrators escaped criminal prosecution on the statute of limitations, attacking a helpless young person. These kind of attacks today are common practice, and victims of domestic violence are systematically discriminated for various reasons, one is control.
    If pursuant to Articles of the Law on Protection from Domestic Violence (and laws in other countries that have the same purpose) where all forms of domestic violence are punishable, then violence committed by people who are not family members and who consciously (with the knowledge that the person is a victim) conduct violence against victims of domestic violence should also be punishable. Even more so, as in this way victims are further traumatized and victimized. When human beings are subjected to violence at home and violence at school and every part of their social life is just that, the injustice is exponentially larger. Violence committed against victims of domestic violence should be given full consideration and protection by the law. There is no greater hypocrisy that there is a law that provides protection against domestic violence but violence committed by people who are not family members against victims of domestic violence is taken for granted. As victims of domestic abuse are vulnerable and unprotected the perpetrators usually escape criminal prosecution.
    The way law on protection from domestic violence is written it nowhere indicates a special form of domestic violence that can have serious traumatic consequences, and that is: force feeding. If there is no medical reason then there is no reason for force-feeding. Victims of domestic violence who go through such humiliating experiences have serious problems later in life. Therefore, I propose law on amendments to the Law on Protection from Domestic Violence,
    I am a philosopher and a writer and not a lawyer, I know the ethics but not the law making process, thus my motivation for changing the law. Law makers, if they wish, can write a better law.

    The law was written with the intention of it being a part of criminal code of one of European countries. As this is a forum I suggest that if somebody feels the law is moral and ethical he or she can rewrite it to be in accordance with the code of his or her own country and require the government to pass it. The only requirement is that the signature The Shining One initiative is left intact.

    GENERAL PROVISION
    Article 1st
    The purpose of this Act is the prevention, sanctioning and elimination of all forms of violence directed at victims of domestic violence, by appropriate means to the perpetrator, and mitigate the effects of violence already providing protection and assistance to victims of violence.

    CRIMES AGAINST VICTIMS OF DOMESTIC VIOLENCE
    Article 2nd
    Violence against victims of domestic violence is any form of physical, psychological, sexual or economic violence committed knowingly with hate or with the express intent to harm a person particularly vulnerable because of family problems, in particular:
    Physical violence or the use of physical force whether physical injury occurs or not, in particular crimes of torture and other cruel, inhuman or degrading treatment or punishment, slavery, participation in suicide, bodily injury, fatal injuries, serious bodily injury, aggravated bodily injury by negligence and participation in a fight,
    corporal punishment and other forms of degrading treatment of children for the purpose of education,
    psychological violence
    sexual violence
    economic violence, prevention of employment, education, training and other forms of achieving permanent financial support

    FAILURE TO REPORT A CRIMINAL OFFENSE AGAINST VICTIMS OF DOMESTIC VIOLENCE
    Article 3rd
    Government official who witnessed the offenses referred to in Article 2, and has not reported the offence even though he or she could have done so without considerable danger to himself or others shall be sentenced according to misdemeanor-legal sanctions and punitive measures.
    Article 4th
    A person who reports victim of domestic violence for a criminal offence without reporting the crime of domestic violence or reporting suspicion of possible domestic violence to the authorities shall be sentenced according to misdemeanor-legal sanctions and punitive measures.

    CRIMINAL OFFENCE OF TORTURE OF VICTIMS OF DOMESTIC VIOLENCE
    Article 5th
    A person who repeatedly commits the acts described in Articles 2 and 3 against the same victim shall be punished by imprisonment for three to ten years.
    Article 6th
    A person who commits the acts described in Article 2 using a known weakness of the victim, usually stemming from previous violence originated from domestic abuse, to aggravate the effect of violence shall be punished by imprisonment for three to ten years.

    ORGANIZED CRIME DIRECTED AGAINST VICTIMS OF DOMESTIC VIOLENCE
    Article 7th
    People that form an organization that commits the acts described in Articles 2 and 3 shall be punished by imprisonment of three to ten years.
    Article 8th
    People that form an organization that commits the acts described in Articles 4 and 5 shall be punished by imprisonment of six to fifteen years.

    Article 9th
    A person is guilty of the acts described in articles 2,3,4,5,6 and 7 if he or she was aware that the person is a victim of domestic violence or if he or she had reasonable suspicion that person is a victim of domestic violence from behavior of the victim that are the consequences of traumatic experiences or otherwise.

    Article 10th
    (1) All competent authorities undertaking activities related to domestic violence will act urgently.
    (2) All proceedings instituted under this Act are urgent.
    Article 11th
    (1) In all proceedings relating to domestic violence social welfare and health services and other competent authorities shall take care of all the needs of victims and allow them access to appropriate services.
    (2) Services referred to in paragraph 1 of this Article shall provide appropriate information to the perpetrator of violence on all his/hers rights.
    (3) In the case of initiation of the proceeding in which the victim appears as a child, the competent court shall, without delay, inform the social welfare institutions in order to take measures to protect the rights and welfare of the child.
    (4) The interests of the child exposed to domestic violence is a priority in all procedures.
    Article 12th
    The provisions of this Act shall apply to persons under a special regulation living in same-sex unions.
    Article 13th
    Health care professionals, the professionals in social work, family prevention and protection, education, and professional employees working in religious institutions, humanitarian organizations, civil society organizations within the scope of children and families are required to report to the police or the state attorney's office committing violence of Article 4. this Act for which they have learned during their work. They are also required to inform the person suspected to be a victim of domestic violence and / or the victim of a crime against victims of domestic violence, of all the rights they enjoy.

    PREVENTIVE MEASURES AND SANCTIONS FOR MISDEMEANOR
    Article 14th
    As a misdemeanor sanction, protective and punitive measures we suggest adopting articles of the law on protection from domestic violence, with additional penalties of imprisonment for serious offenses.
    Article 15th
    Person who is a victim of criminal offenses under Article 5 shall be provided protection through the witness protection law.
    Article 16th
    Statue of limitations is inapplicable to criminal offenses described in Articles 7 and 8.

    The proposal is a part of The Shining One initiative.

    The same amendment should be revised to suit disabled people or vulnerable adults. Proposal of law on amendments to the Law on Protection from Domestic Violence:
    Article 1st
    Under the domestic violence falls a special form of violence: force-feeding. If there is no health reason for it, existing law on protection against domestic violence should determine prevention, sanction and suppression of this form of violence, by appropriate means to the perpetrator, and mitigate the effects of violence providing protection and assistance to victims of violence.


Comments

  • Posts: 0 ✭✭✭ [Deleted User]


    So much wrong with this. So so much.

    Pretty sure this belongs in Conspiracy Theories rather than legal discussion.


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