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Action urged to stop domestic violence

Updated: Mar 15, 2022 China Daily Print
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Obligatory intervention and counseling sessions suggested by experts

Experts have called for mandatory intervention and counseling sessions for perpetrators of domestic violence after video footage of a man beating his wife in front of their child went viral, renewing debate on how to prevent such incidents.

The home security video footage showed a man in Xi'an, Shaanxi province, repeatedly hitting his wife on the head while she held the child on her lap.

The man also threw his wife onto a sofa, sat on her, and continued to hit her head. An older woman later took the child away but did little else to intervene.

Posted by one of the victim's relatives, the footage triggered an uproar from netizens over the behavior of the man, surnamed Wang. On Sina Weibo, hashtags about the incident have attracted hundreds of millions of views.

Police in Xi'an detained Wang for five days. They said a fight over trivial domestic matters escalated due to what they described as his wife's "extreme words and deed". Officers said they also "criticized and educated" the wife.

In the incident, the woman sustained soft-tissue damage. The couple have since realized their mistakes and forgiven each other, police said.

Wang's employer, a State-owned trading company in Xi'an, removed him from his post of deputy department director. The company also gave him a serious warning-a disciplinary punishment for Party members.

Netizens expressed strong criticism and condemned Wang's behavior, with many asking what can be done to prevent such incidents.

Lyu Xiaoquan, a lawyer from Beijing Qianqian Law Firm, said while domestic violence offenders face administrative or legal punishment and public shame, they still lack the incentive to rectify their behavior. Only mandatory intervention and counseling can help them realize their mistakes.

China's Anti-Domestic Violence Law calls for institutions such as labor unions, women's federations and residential committees to educate domestic violence offenders about the law and offer them psychological counseling when necessary. However, such organizations lack the authority and ability to enforce such intervention.

Lyu said that only law enforcement authorities, such as the police, courts and even jails, can truly enforce the law.

In countries such as the United States, where there are court-mandated intervention programs, domestic violence offenders are usually required to attend weekly group sessions for a long period of time.

These sessions cover topics such as the difference between anger and violence, how people become violent, and how to take "time out" from thoughts of violence, Lyu said.

In group sessions, perpetrators can also better recognize the wrong behavior of other offenders to help them better understand their own wrongdoings, Lyu said.

Offenders and institutions are also required to report on progress, and if they fail to comply with a court order, they are held in contempt and face further punishment, he added.

Zhang Zhihui, co-founder of China White Ribbon, an NGO offering counseling to abusive males, said it is rare for men to reflect on their abusive behavior and change their ways.

The hotline service offered by the organization receives about 500 calls annually, but less than 20 percent of them are made by men, he said, adding that most men only call once.

They call the hotline when their wives force them to, or threaten to file for divorce, but often perpetrators of domestic violence do not think they are in the wrong and believe that wives are overreacting, Zhang said.

Although it is extremely difficult to help offenders change their behavior, counselors at the organization should applaud them for taking the initiative, he said.

More important, counselors need to assure abusive men that they can improve and that no one is born to be abusive, which can be attributed to numerous factors, including family education and societal stereotyping, Zhang said.

"We are not their (perpetrators') enemy. They may relapse and we need to let them know we are there for them. Although it takes time and patience for them to change their abusive behavior, this will happen as long as they are willing to make the effort," he added.

Common characteristics

According to Lyu, about 90 percent of domestic violence victims in China are women, and they tend to experience the more severe forms of violence due to a mismatch of financial and physical power compared with their partners.

Common characteristics among men responsible for domestic violence include narcissism, the belief that women are inferior to men, a lack of self-confidence, jealousy, and a lack of security, he said.

Domestic violence has nothing to do with love, and offenders usually only want to maintain a relationship based on power and control over the victims, Lyu added.

Some offenders are confrontational in and outside the family and might use violence to solve all kinds of conflict. Moreover, they tend to use violence on any family members who disobey them, including wives, children and even parents, he said.

In the case of Wang, the man from Xi'an, in which there have been reports that he is timid and obedient at work, he beat his wife as he was angry about other issues,

Lyu said, adding that this shows a lack of confidence.

Legislation launched

In recent years, China has stepped up efforts to protect women's rights in various ways, including through legislation and by issuing judicial guidelines.

In March 2016, the Anti-Domestic Violence Law took effect, providing a number of new requirements for government departments and institutions to help victims of domestic abuse and stop perpetrators.

For example, the law demands that governments at county and city level set up shelters or local relief stations to offer urgent help and services for victims of violence. It also stipulates that staff members at schools, kindergartens, medical care centers, community committees, social service institutions and welfare agencies should help victims reluctant to speak about domestic violence report such incidents if they suspect or find they have been physically harmed.

Liu Haixing, a senior legislator, said, "Some government agencies and related institutions were still performing poorly in combating domestic violence, which made us take stronger judicial action to solve the problem."

In December, a draft amendment to the Women's Rights Protection Law was submitted to the Standing Committee of the National People's Congress, the country's top legislative body, for first review.

The draft marked the first major revision to the law for the past three decades and also a new step in further safeguarding women's rights. It has received widespread attention since it was unveiled, attracting more than 423,000 public suggestions from Dec 24 to Jan 22.

Legislators heatedly discussed the issue of domestic violence in the draft.

Liu, a member of the NPC Standing Committee, suggested prosecutors initiate public-interest litigation against government agencies that perform poorly in dealing with domestic violence, adding that such lawsuits will serve as an alert for administrators and urge them to shoulder their responsibilities in preventing domestic abuse.

Li Yuefeng, another member of the committee, said domestic violence, which often triggers public outrage, should be resolved through stronger judicial supervision.

"Domestic abuse is not a family affair. Instead, it's a social problem and criminal action that requires various walks of life, including public authorities, to attach greater importance to and jointly combat promptly," he said.

Li also supports taking government agencies that perform poorly to court, and said such a move could be clarified in the next version of the draft.

Viewing litigation as "pressure" for government departments, Wang Yanmeng, from the NPC Standing Committee, said such action will help better implement laws involving women's rights, especially the Anti-Domestic Violence Law, and push authorities to take more effective measures to prevent women being harmed.

Courts' steps

Chinese courts have also strengthened protection for victims of domestic violence by issuing personal safety protection orders, similar to restraining orders in the West.

In September, the Supreme People's Court, China's top court, said 9,227 such protection orders had been granted nationwide.

Earlier, Liu Min, deputy chief judge of the top court's No 1 Civil Division, said that to reduce the possibility of further harm being caused to victims, several courts had streamlined the process for accepting applications for protection orders.

Even so, some victims still complained that it was too difficult to apply for the orders, as many courts have strict evidence reviews in cases of domestic violence.

Liu said: "We've realized the difficulty. Some courts are cautious in granting orders because they fear weak evidence might lead to perpetrators initiating lawsuits over damage to their reputation."

She called for all courts to lower the bar for the standard of evidence from victims if they find they are likely experiencing domestic abuse.

Liu also suggested that judges help victims collect evidence in line with the law to reduce their burden of proof.

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