Protection of Victims of Psychological Abuse as Type of Domestic Violence in Criminal Procedure
Protection of Victims of Psychological Abuse as Type of Domestic Violence in Criminal Procedure

Summary/Abstract: Nowadays, domestic violence is a generally recognized and widespread phenomenon in every society. In this paper, the authors analyzes psychological abuse as a type of domestic violence. Available statistical data in the Republic of Serbia for 2019. show a high frequency of psychological violence by partners. Emotional abuse is reported equally by women and men. Thus, out of 62% of different forms of violence against women, even 44% is psychological violence by an intimate partner. In 2019., 48% of women aged between 26-64 suffered some form of psychological violence, compared to 50% of men in the same age category. In terms of the consequences that a person experiences, psychological abuse can be as harmful as physical violence or even more. Recognizable forms of physical violence are hitting, pushing, arm twisting, etc., while psychological violence uses other methods and is often difficult to recognize as it is challenging to prove its manifestation. As one of the goals of criminal law is to provide legal protection to the victim of a criminal act, that goal can be adequately achieved only when psychological abuse is determined and proven as such within criminal proceedings, and the perpetrator convicted. Proving psychological abuse in practice is quite a challenge, as there is an issue with what type of evidence can be used in criminal procedure to determine that the victim suffered psychological abuse. Psychological abuse is an act that, from objective point of view, involves the willful infliction of mental or emotional harm. A victim's subjective notion of their emotional distress is not a sufficient indicator of domestic violence, therefore the victim’s statement before court does not suffice as evidence of emotional abuse. In this paper, the authors will attempt to answer the question of how and with what evidence can it be demonstrated within criminal procedure that the victim suffered psychological abuse, as this is one of the prerequisites in providing adequate legal protection to the victims of this form of domestic violence.

• Details
• Contents