Mechanisms of ensuring rights of victims in case of offences as to sexual life, domestic violence to be improved in Moldova
11:57 | 22.07.2022 Category: Official
Chisinau, 22 July /MOLDPRES/ - The cabinet of ministers today approved a draft law, the goal of which is to ensure the rights of victims in the case of offences as to the sexual life and domestic violence, the government’s communication and protocol department has reported.
To improve the legislative framework in this field, as well as not to allow the infringement of the rights of the victims of domestic violence or sexual violence at the stage of criminal prosecution and at the stage of considering the causes in court, decision-makers propose amendments to the Criminal Code, Criminal Procedure Code, Civil Procedure Code, Law Enforcement Code and Contravention Code.
Also, the draft suggests the redefining of the notion of rape and the guaranteeing of a mechanism of ensuring the procedural rights of victims of offences as to the sexual freedom and integrity. At the same time, the draft is aimed at elaborating a functional mechanism as to the enforcement of protection measures in the case of domestic violence and demanding of the order for protection. Another proposal refers to the toughening of the criminal responsibility for the domestic violence committed deliberately against a minor or against a pregnant woman or by taking advantage of the victim’s powerlessness, due to the old age, disease, disability or other factor.
To efficiently protect the victim, the draft proposes that the victim’s rights should be completed with the right to give explanations in friendly conditions, in the lack of the suspected person; they should be assisted, in conditions of law, by a lawyer who provides legal assistance guaranteed by state, his/her right to intimacy and protection of the personal image should be ensured; he/she should be provided medical services, forensic services, of post-traumatic psychological assistance and counseling for the physical and psycho-social recovery. The draft’s goal is also to amend the procedural norms, in order to avoid, as far as possible, the contact between the presumed aggressor and the victim of the violence. This change is aimed at reducing the victim’s re-victimization, if he/she confronts with the suspected or accused person.
It is worth mentioning that the draft law was worked out, in order to adjust the criminal legislation to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) and to the provisions of the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention), as well as to the Statute of the International Criminal Court.