家庭暴力带来的持久阴影
Domestic violence casts long shadow
1751字
2019-12-13 17:42
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火星译客

More help provided, but many victims reluctant to speak out

尽管诉求帮助的渠道有所增加,但许多受害者不愿说出实情

A woman in Sanming, Fujian province, finally ended her marriage in court last week after calling police seven times to complain that she had been a victim of domestic violence.

上周,在福建省三明市法院,某女性终于成功解除与其丈夫的婚姻关系,此前她曾七次报警,申诉自己是家庭暴力的受害者。

At her hearing in Sanming Intermediate People's Court, Guo Jie, the judge handling the case, arranged for the woman to receive psychological aid and for her to live in a shelter in the city for about a month to prevent her from being harmed again.

在三明市中级人民法院召开的听证会上,负责审理此案的法官郭杰决定安排这名女性接受心理治疗,并将其安置在该市的某个避难所暂居一个月,以防止她再次受到伤害。

Guo said she could not be sure if the woman would be able to live a normal life in the future, but her bravery in speaking out to police against domestic violence and in approaching the court to stop her "nightmare" should be applauded.

郭杰表示,尽管她不确定这名女性将来能否恢复正常的生活,但她向警方表示反对家庭暴力,并采取法律手段以逃脱 “ 噩梦 ”的勇敢行为是值得称赞的。

In 2014, statistics released by the Supreme People's Court, China's top court, showed that domestic violence occurred in 24.7 percent of Chinese families. The following year, the All-China Women's Federation also said that nearly 50,000 complaints it received annually concerned such violence.

2014年,中国最高法院——最高人民法院发布的数据显示,24.7%的中国家庭遭受过家庭暴力。2015年,中华全国妇女联合会还曾表示,他们每年收到与此类暴力事件有关的投诉近5万起。

"Domestic violence is an inevitable issue that cannot be ignored when hearing family-related disputes," Guo said, adding that the number of divorce hearings caused by such cases has also been rising.

郭杰说,“ 在审理家庭纠纷案件时,家庭暴力是难以避免同时也是不可忽视的问题,” 她还称由此类案件引起的离婚听证案的数量也在上升。

In March 2016, the country's first law against domestic violence took effect. "Many people didn't realize they had suffered this form of violence before the law was adopted," the judge said. "But since then, some have started to wake up and escape their nightmares."

2016年3月,中国首部反家庭暴力法生效。“ 在这一法案实施之前,很多人缺乏遭受这类形式的暴力的自我意识,” 法官说。“ 但从那以后,有一部分人开始清醒过来,并试图逃离这种噩梦。”

Under the law, acts between family members, including assault, frequent insults, threats, mental harm and restricting personal freedom, are identified as domestic violence. Women's federations also play a leading role in working with other departments, including courts, civil affairs authorities and public security bureaus to better deal with such cases.

该条例规定,家庭成员之间的行为,包括攻击、屡次侮辱、威胁、精神伤害和限制个人自由,都属于实施家庭暴力的表现。妇联也通过与包括法院、民政部门和公安部门在内其他部门展开合作,在处理此类案件中更好地发挥了领导带头作用。

Liu Jiecen, a lawyer with the family legal counseling team at the Beijing Yinghe Law Firm, said the new law marked a turning point in drawing public attention to domestic violence. "From that year (2016), more people began discussing the issue and turning to me for legal advice," she said.

北京银河律师事务所 ( Beijing Yinghe Law Firm ) 家庭法律咨询团队的律师刘杰岑 ( 音 ) 表示,新条例的颁布标志着公众关注家庭暴力的一个转折点。她说,“从那一年(2016年)开始,越来越多的人开始讨论这个问题,并向我寻求法律建议,” 

"The increasingly high attention now being paid to domestic violence is very important. When more people understand that such violence is about harm, instead of just being a small family dispute, the problem will be resolved gradually and effectively."

“家庭暴力越来越受到重视,这一点非常重要。倘若有更多的人能够意识到这类暴力行为所造成的负面影响远远超出一件小小的家庭纠纷,这个问题就会逐渐得到有效的解决。”

Both Guo and Liu highlighted the significance of the Personal Safety Protection Order, a right granted by law to victims of domestic violence or those who face such a risk. They compared the order to a "firewall", and said it had already played a big role in stopping violence.

郭杰和刘杰岑都强调了人身安全保护令的重要性。人身安全保护令是法律赋予家庭暴力受害者或面临这种风险的个人的一项权利。他们将该法令比作 “ 防火墙 ”,并表示它已经在制止暴力方面发挥了重要作用。

By December last year, courts had received 5,860 applications for protection orders, of which, 3,718 were granted after review, according to a statistic from the top court in March.

根据最高法院3月份的一项统计数据,截至去年12月,法院共收到5860份保护令申请,其中3718份经复审后获得批准。

But Li Ying, who helped launch a family and community development and service center in Beijing's Dongcheng district, suggested the threshold for applying the orders be lowered, or easier access be provided to victims to receive help.

但是,在北京东城区,曾参与建设家庭和社区发展服务中心的李英建议降低申请/命令的门槛,或者为受害者提供更加切实的帮助。

Li said additional rules also need to be drawn up and clarified, such as stating how police can be trained to distinguish cases of domestic violence from other arguments or fights, adding that there is still a long way to go.

李英说,另外还有许多法律法规有待进一步制定和阐明,比如如何训练警察在家庭暴力案件与其他性质的争吵或打架之间作出区分,他还称,解决家庭暴力任重而道远。

Minority say 'no'

少数人说 “ 不 ”

The issue has frequently made headlines since a beauty vlogger from Chongqing posted a 12-minute video last month accusing her former boyfriend of domestic violence.

上月重庆的一名美妆博主发布了一段12分钟的视频,意在指责其前男友向其施以家暴,自该视频曝光以来,家庭暴力这一话题频频被顶上热搜。

The video, published on Nov 25, United Nations International Day for the Elimination of Violence Against Women, went viral on Sina Weibo, and quickly raised heated debate nationwide.

这段视频发布于11月25日,恰逢联合国 “ 消除对妇女的暴力行为国际日 ” 。这段影像一经曝光不仅在新浪微博上疯传,而且迅速在全国引起热议。

Using the pseudonym Yuyamika, 28-year-old He Yuhong discussed in the video five incidents of violent abuse she had experienced at the hands of her ex-boyfriend, surnamed Chen, since April 8.

28岁的何玉红 ( 化名Yuyamika ) 在视频中讲述了自4月8日以来其前男友陈某向其施加的五起暴力虐待事件。

The video also included surveillance footage of Chen dragging her out of an elevator in their building, along with interviews with two women, who claimed to be Chen's ex-wives, saying they had experienced physical abuse, threats and mental torture at his hands.

根据视频中监控录像显示,陈某把她从他们居住的大楼电梯中拖拽出来,另外影片中还有两名自称是陈前妻的女性接受了采访,称陈某也曾对其施加身体虐待、威胁和精神折磨。

The Chongqing Women's Federation expressed strong condemnation of all forms of domestic violence and offered assistance to He.

重庆市妇联发声:强烈谴责一切形式的家庭暴力,并向何女士提供了援助。

On Nov 28, Chen, 44, was given 20 days' administrative detention and a fine by police in Chongqing's Jiangbei district for causing intentional injury.

11月28日,重庆江北区警方以故意伤害罪对44岁的陈某处以20天的行政拘留和罚款。

Under the Public Security Administration Punishment Law, 20 days is the longest period of administrative detention that can be given.

根据《治安管理处罚法》,行政拘留期限不得超过20天。

On her Weibo account, He said she was grateful for the timely investigation, but added that Chen could have faced harsher punishment if she had provided evidence of her injuries and reported the matter to police when she was first assaulted.

这名何女士在微博上表示,她很感谢警方能够及时立案调查,但同时她还称,如果在其男友向她施以家暴行为后,她能提供证明受害证据并向警方报案,那么陈某将会面临更加严厉的刑罚。

Liu, the lawyer, applauded He for saying "no" to domestic violence, adding: "Many clients of mine are afraid to speak out. They are hesitant about stopping a relationship with their attackers, let alone ending their marriages."

律师刘某对这名女士敢于向家庭暴力说 “ 不 ” 的行为表示赞许,另外这名律师承认,“我的客户中有很大一部分受害者都不敢说出实情。他们甚至不愿意与给他们带来伤害的人割裂关系,更别说离婚了。”

A woman, who declined to be named, said: "I was irrational when I was violently abused by my husband. I even wanted to assault my child, as I couldn't bear the great pain sometimes.

一位不愿透露姓名的妇女说: “ 当我被我丈夫粗暴地虐待时,我失去了理智 。我甚至想要攻击我的孩子,因为我有时无法忍受巨大的痛苦。

"The first time my husband slapped me, I didn't think of turning to others, because I thought he might face difficulties at work, or he was anxious about our child's studies," she said.

她说:“ 我丈夫第一次打我的时候,我没有想过要求助于他人,因为我觉得他可能是在工作中遇到到困难,或者他对我们孩子的学习感到焦虑。”

"He apologized, and I forgave him. But to my surprise, this was not the end. The assaults happened again and again."

在他道歉之后,我选择原谅了他。但超出我意料之外是,这并不意味着家暴的结束。在这之后,我遭受了一次又一次的暴力对待。”

Although Liu suggested that the abused woman report an incident of domestic violence to police and ask for help from her community committee, the victim was still unwilling to give up her marriage. Now, she and her husband are receiving psychological help provided by Liu's team.

尽管刘律师建议这些遭受家庭暴力的妇女直接报案,并向社区委员会寻求帮助,然而她们却仍不愿放弃自己的婚姻。现在,她和她的丈夫正在接受其律师团队提供的心理帮助。

The victim said, "My parents disagreed with me about divorce, but I feel scared, especially when my husband is at home."

这名受害者说 : “ 我父母不同意我离婚,但我好害怕,尤其是我丈夫在家的时候。”

Liu said: "Domestic violence runs in circles, or cannot be completely stopped in a short time. Instead, it will become serious if a perpetrator is not stopped and punished promptly."

刘律师说:“ 家庭暴力是一种循环的过程,这一现象无法在短期内得到完全遏制。相反,如果不及时制止行凶者并对其处以刑罚,后果将会很严重。”

'Braver than most'

“ 勇气战胜一切 ”

Liu said that compared with most people in Western countries and some well-educated Chinese, many in the country think women should always be subservient in society and marriage, "so they (the victims) regard domestic violence as shameful and want to cover up it".

刘律师说,与大多数西方国家的人以及一些受过良好教育的中国人相比,许多中国人认为女性应该在社会和婚姻中始终处于从属地位,“ 所以她们 ( 受害者 ) 认为家庭暴力是可耻的,并试图掩盖事实 ” 。

Beijing News reported on Saturday that since the beginning of this year, women in France have staged two protests to fight domestic violence-one in July and the other last month.

《新京报》周六报道称,自今年年初以来,法国已经爆发了两起由女性发起的反对家庭暴力的抗/议活动,一次是在7月,另一次是在上个月。

Liu said: "Different family cultures and traditions are major causes of different outcomes, and Chinese society often puts a victim under pressure, instead of creating an environment to speak out."

刘律师说:“ 不同的家庭文化和传统背景是导致不同结果的主要原因,中国社会经常给受害者施加压力,而不是创造环境让他们说出真相。”

But she said domestic violence has also been difficult to eliminate in the West. In the United States, the National Coalition Against Domestic Violence said about 85 percent of victims found it hard to break off a relationship after they had been abused.

但她表示,在西方,家庭暴力也同样很难消除。在美国,反家庭暴力全国联盟表示,大约85%的受害者在遭受虐待后在离婚问题上面临难题。

In addition, some Chinese women refuse to be deterred by domestic violence, because they don't want their children to be without a father, according to Liu.

此外,一些中国妇女不允许自己被家庭暴力所吓倒(而离婚),因为她们不希望自己的孩子没有父亲。

Liu said that on their first meeting, the woman named only as Han, 32, looked pale and older than her age, and her hands were trembling.

刘律师说,在他们第一次见面时,这名32岁的韩女子状态很憔悴,看上去实际年龄苍老不少,就连手都在颤抖。

The homemaker often asked the lawyer how she could win custody of her 4-year-old child in the event of a divorce, but she did not mention she had been the victim of domestic violence until the fourth phone call between them.

这位家庭主妇经常问他的问题是,如果离婚,她如何能赢得4岁孩子的监护权,直到他们第四次通话,她才提及自己曾遭受家庭暴力。

"After a fifth call, we decided to meet each other, but Han then disappeared. She didn't answer my calls, let alone text messages," Liu said. "Several days later, she told me her husband had promised to mend his ways."

“第五次通话后,我们决定见面,但韩后来消失了。她没有接我的电话,更不用说短信了。”“几天后,她告诉我,她丈夫答应改过自新。”

In June, Han called Liu once more to arrange another meeting, but she disappeared again. "Such women do not realize that family abuse is also harming their kids," Liu said.

6月,韩再次给这名律师打电话,并表示希望再次见面,但在之后又杳无音讯了。刘律师说, “ 这些女性没有意识到家庭虐待实际上给孩子也造成了伤害。”

In December last year, China Women's News reported that fewer than 10 percent of Chinese women who experience domestic violence call police for help, and only turn to them after experiencing such incidents 35 times on average.

去年12月,《中国妇女报》报道称,在遭遇家庭暴力的中国女性中,只有不到10%的人选择向警方求助,经统计这些选择求助的受害女性平均经历了35次家庭暴力。

Joint efforts

共同努力

The law against domestic violence highlights the importance of joint efforts in solving the problem. Since it was introduced, interorganizational cooperation has taken place nationwide.

反家庭暴力法突出了依赖共同努力解决这一问题的重要意义。自从这项倡议被提出以来,在全国范围内不同组织之间已经开始展开合作。

For example, Beijing Xicheng District People's Court has worked with the local women's federation, public security authority and justice bureau to set up a mechanism to combat domestic violence.

例如,北京市西城区人民法院与当地妇联、公安机关和司法局共同建立了打击家庭暴力的机制。

Cao Qiaoqiao, an assistant judge with the court, said: "We often sit together to discuss new problems on this issue. The women's federation is in charge of recording domestic violence reports, while police are asked to answer the reports promptly, to file cases if necessary. The justice bureau is responsible for giving legal aid for victims."

法院助理法官曹巧巧说: “ 我们经常坐在一起讨论与该问题相关的新案件。妇女联合会负责记录家庭暴力报告,同时可要求警察在当下对报告做出回应,如有必要可立案。而司法部则负责为受害者提供法律援助。”

Referring to those willing to apply for a personal safety protection order, which was written into the law to help victims of domestic violence or those facing such a risk, "our court will supply them with a quick channel to ensure their applications can be accepted efficiently", Cao said.

曹法官表示,对于那些愿意申请人身安全保护令的人,“我们的法院将为他们提供一个快速通道,以确保其申请能够被有效受理。”

The law stipulates that courts should decide whether to issue the order within 72 hours, or 24 hours in cases of emergency.

该法例规定,人民法院受理申请后,应在七十二小时内做出裁定,情况紧急的,应在二十四小时内作出。

From 2016 to June 30, Cao's court issued 39 such orders, which played a role in keeping social stability and harmony.

从2016年6月30日到6月30日,曹法官所任职的法院共发出39条保护令,起到了维护社会稳定与和谐的作用。

A long way to go

还有很长的路要走

Li Ying, from the Beijing social organization, applauded the law and the orders, as well as the increased attention being given to domestic violence. But she is concerned that a lack of punishment for perpetrators who disobey protection orders will exacerbate the problem.

来自北京社会组织的李英 ( 音译 ) 十分赞同实行该法律和保护令的决议,对于越来越多的人开始关注家庭暴力问题也倍感欣慰。但她担心,针对不遵守保护令的违法者的刑罚措施所存在的不完善现象将加剧这一问题。

She said that in Taiwan, victims of domestic violence cannot be refused psychological help and job opportunities, along with lower-priced rental houses, adding, "This is better than the shelters we offer for victims to stay in temporarily."

她说,在台湾,家庭暴力的受害者不可拒绝心理帮助和工作机会,以及减轻租房压力的援助。她补充说,“ 这比我们为受害者提供的临时住所要好。”

In view of the difficulties in collecting evidence, she suggested that lawmakers lower the threshold for applying for protection orders. She also called for public security departments nationwide to draw up a guideline as soon as possible outlining how to question victims in their homes, how to evaluate the risk of domestic violence and how to better deal with such cases involving juveniles.

鉴于收集证据存在困难,她建议立法者降低申请保护令的门槛。她还呼吁全国公安部门尽快制定指导方针,包括如何开展向家中的受害者进行询问的工作,如何评估家庭暴力的风险,以及如何更好地处理涉及未成年人的此类案件。

She said a shortage of police officers can be understood, "but unregulated handling of cases may bring greater harm to victims. We've seen achievements in fighting domestic violence, but we still have a long way to go."

她说,警察人力短缺是可以理解的,“ 但如果不对此类案件加以控制,受害者可能会遭受更大的伤害。” 目前我们针对家庭暴力进行的打击工作已初见成效,但要真正根除这颗 “ 毒瘤 ” 仍然任重而道远。”

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