Victim Support Scotland is delighted to present an international conference. 2010 marks the 25th anniversary of Victim Support Scotland and as part of our celebrations, we are hosting a 3 day international victimology conference, including practical workshops. The conference will take place in Edinburgh, and is aimed at bringing together practitioners, academics, public and private sector, statutory bodies and researchers to consider victimology in its broadest sense, as well as the specifics of unreported crime. The conference will seek to:

• address why victims choose to tell or not tell anyone about a crime
• reflect on victim engagement in the justice system
• advance the knowledge of all service provision to people affected by crime

In America, only in the nineties, after a tragic event involving a famous person in California, did they start to discuss and study this phenomenon in ordr to identify its characteristics and possible intervention solutions. Until that time, no autonomous normative framework had ever been organised always recurring to crimes such as menace, damage, aggression and violence in general without defining the specific nature of this event. When defining stalking, we see diverse types of the situations. One of these has an obvious psychiatric meaning with delirious manifestations, often of erotomaniacal nature whereas the other concerns relations which finishedbadly and interest ex-partners or ex-spouses who are unable to work out separation and accept the relationshipìs ending. The phenomenon prevalently regards women.

As for the psychiatric problems, of a clearly psycotic nature, we can speak of about 10% of the subjects at present reported, in quick growth also because probably in the past they had not been reported. With regard to the psychiatric aspects, these cases of erotomania described by De Clerambault roughly a century ago.

On a legislative level, in the present-day Italian norms stalking is included in the sphere of the crime of harassment, i:e: article 660 pf the Penal Code, which foresees arrest lasting up to six months with a fine. It should in any case be noted that said definition is of no help in facing these characteristic manifestations in an adequate manner. In Italy, a group in Modena has recently published a study on stalking conducted by Laura De Fazio and Gianmaria Galeazzi, financed by the European Community in the Daphne Project “Il problema delle donne vittime di stalking” (the problems of women victims of stalking – recognition and intervention models in the European area)

During this work, the results of the interviews carried out by policemen, doctors, families in various European countries, Belgium, England, Italy and Holland were compared and discussed within this European project with comparative analysis. There is an undeniable, obscure number of inadequate norms on this phenomenon as well as insufficient police intervention, feelings of reserve and shame resulting in the person’s, victim of stalking, not denouncing it. The term, originating from an English hunting term, brings to mind prey ambushing and chase. The phenomenon of stalking therefore deals with the chase after a prey and therefore concerns a hunter, his prey and the various attitudes ranging from surveillance, persistent research for contact, control, to the posting of unwelcome communications by the harasser to the receiver, his victim. Stalking “can be defined as a recognisable behavioural syndrome originating from a pathology of inter-personal relations and communications”. already in the past there had been, in literary spheres, numerous cases of transcription of this phenomenon and psychiatry was involved partly through psycho-pathological syndromes such as erotomania. Only after the nineties. stalking acquired its originality and peculiarity and was given consideration sometimes as a social problem, sometimes a scientific theme, sometimes a juridical one, with replies from legislators, scholars and psychologist.on both the victim’s and the harasser’s side, with study of both the victim and stalker, i.e. the harasser.

At a scientific level, many terms have been used to define the relations of intrusion, characterised by stalking, ranging from stalking itself to obsessional harassment or criminal harassment, obsessional tailing, obsessional relational intrusion, tormenting harassment and insistent harassment, another term was dioxis or in French harcèlement du troisieme type or belaging. At present the term stalking has earned itself, in the scientific world, its own peculiarity and has been recognised internationally. The characteristic of stalking is that of being addressed quite often to well-known personalities, to the point where we speak of doing stalking i.e. just the following, disturbing, and harassing of people in the show-business world by over-excited fans. The term stalking describes “not an action punctually circumscribable but re-unifies a series of actions repeated in time comprehending the character of surveillance, control, research, contact and/or communication perceived by the receiver as capable of provoking, as indeed they provoke, worry and fear”. It is clearly visible here that there is an inevitable arbitrary element just because it is impossible to define the maximum or minimum number of harassing events necessary to define stalking over a specific period of time not to mention the seriousness of the events. Some authors reported that it would have been useful to have a high threshold of these episodes, at least ten over more than a month, as suggested by Mulen, Pathé, Purcelland Stuart in 1999. The difficult task – that of eliminating the “false positives” – must be important in analysing this phenomenon and in particular in the study of its characteristics. It is equally difficult to define when the stalking behavour starts, just because the confine of this beginning can be very vague; often, it happens at the end of a relationship with all the juridical passages it requires – separation, divorce – and it is difficult in these cases to understand when the behaviours connotate with some stalking or through a difficult relationship between two people who have interrupted a marriage or co-habitation relationship.

The actions characterising stalking can be not only legitimate actions, such as for example offering a rose, which can however clearly become an act of stalking in a well-defined context but also other times there are actions with characteristics of crime such as, for example, home violation or violation of norms possibly pre-arranged by a judge in a phase of separation, for example. Other illegal actions are explicit menace and cases of violent behaviour. However, the most difficult elements to evaluate are those referring to the victim’s background, i.e. the unease, the worry and the fear stalking can provoke. In this case too, the authors suggest the use of criteria of subjective sufferance because it is subjective and poses problems of comparison and even definition extremely difficult to face. We can pass from bother to unease, from slight disturbance to dread, from fear to real terror. Very often these represent the various reactions, typical escalations of many stalking campaigns.

The reactions of victims are also connected with the cultural context of appartenance. In this case, for example, women can be more sensitive and therefore have a more rapid evolution in escalation with respect to men towards really tru e threat. We should also remember the problem of false victims originating not from stalking behaviours but rather from an internal pathological situation ranging from genuine persecution delirium to situations where fear for their columnity exists. Diffusion of stalking is very difficult due to the ambiguous definition. In some studies, mention is made of 1-4% of the adult female population or 0.4-2% of the male one in the last twelve months while, for a life-time we pass from 8-17% of women to 2-7% of men. The majority of the victims, according to the studies analysed to date, are women, harassed by acquaintances or ex-partners. Stalkers use various ways of harassing, with a major frequency of episodes of violence ranging from 20-40% of cases due above to ex-partners. In the Tyaden and Thoennes studies in 1998 it reached 81% of cases. Only a third of the victims goes to the police according to Morris (2002) and, in particular, of these, 47% declared they were unsatisfied with their contact with the police. Legally speaking, only in 1990 in California can we find the first anti-stalking legislation followed by few countries Canada and Australia which discussed laws on the theme of stalking. In Canada a law was enacted in 1993 and in Australia the Criminal Harassment Law in 1995. In Europe the normative discipline didn’t have a homogenious history with several legislative re-makes occurring during these last years. Some states have introduced ad hoc legislations while others have adopted laws not expressly referring to stalking In Europe, Great Britain was the first and in 1997 issued a law on the matter: It is the Protection From Harassament Act protecting victims of harassment and similar conduct, among which stalking. Other countries like Belgium and Holland have issued specific anti-stalking legislation. France, Italy, Denmark, Sweden, Norway and Ireland however do not have any autonomous legislation but stalking is persecuted by making reference to other laws.

In Belgium, stalking was recognised in 1998, in Holland in 2001 through a penal code law. In Italy, only last year (2009) was approved a law against stalking. At a European level, these are civil law norms, denominated “protection and restriction orders” protecting the victim of stalking or domestic harassment. Among these prescriptions, we can also find the possibility of imposing on a subject particular resctrictions and so violations are sanctioned penally. These orders can last for variable or limited periods and can be renewed. Stalking is a field of multi-disciplinary and inter-disciplinary study which involves the socialogical, legal medical, legal psychiatrical competences of penal justice. Present-day research is trying to propose new typologies for classifying harassers and the replies to victims. Attempts are being made to identify the risk factors of violent aggression, also distinguishing between episodes of serious violence and less serious ones (see Giams and Fannam, 2003). Some other studies, such as the Kamphuis one of 2003, are trying to identify victim treatment programmes. Other studies, for example the Grunem one, are trying to study and identify the paths of the request for help, the efficiency of the protection order and the problem of relapse.

According to some samples analysed in literature and percentages, specific behaviours of stalking are as follows :

• Receiving unwelcome telephone calls – 89%
• Involvement of third parties – 82%
• Gossip and lies – 82%
• Tailing at work and/or at home – 79%
• Road stalking – 75%
• Unwelcome visits – 74%
• Menace of violence – 74%
• Unwelcome post – 70%
• Gleaning information with deceipt – 65%
• Property damage – 64%
• False accusation – 45%
• Violence – 55%
• Assets ordered from third parties on behalf of the victim vittima – 23%
• Habitation smearing – 19%
• Telematic stalking – 2%
• Other – 40%

According to a study using the impact events scale (IES) of diverse traumatic events, stalking reaches a core second only to the Post-traumatic Stress Syndrome and is superior to those concerning care accidents or robbery. This scale, proposed by Horowitz in 1979, tries to define the entity of the victim’s trauma which is studied in particular for the acute post-traumatic stress syndrome. The most repeated replies by the victim regard loss of privacy, experiences of violence which sometimes included children, presistence of violence leading to a sense of impotence and constant emotional pressure and anxiety often leading to psychological disturbances . Often, stalking leads to a really true post-traumatic stress syndrome and many authors have tried to estimate exactly what percentage of people suffering stalking then develops a post-traumatic stress syndrome. In some cases it reaches 30%. The stalker is often described literally as a psychotic woman, with a borderline personality. Often, therefore the ex-partners are the ones doing the stalking. In any case, the people doing the stalking belong to a group, sometimes heterogenious, which presents various psycho-pathologies.

According to Zona et Al. (1993) we can define three groups of people who are stalkers: The classical tormenting harasser “generally it is a woman who wrongly believes that a more mature and more upper-class man is in love with her”

The possessive lover “typical psychotic stalker aiming at famous people or total strangers”

A simply obsessive, tormenting harasser who starts the stalking after an effective relationship finished badly, leaving him with a deep sense of rancour for what he or she has perceived as refusal or wrong-doing.

Muller, Pathé, Purcell and Stuart in 1999 divided the stalker into five groups:

• The rebuked stalker, who had relations with the victim and is often characterised by a mixture of revenge and desire for reconciliation.
• The stalker looking for intimity, including people with erotomania type delirium
• The inadequate courter, generally intellectually limited and socially inadequate
• The grudging stalker whose objective is to frighten and harass the victim
• The predatory stalker predatore, who projects a sexual aggression

According to some studies, the stalker has been described as a person who functions relatively well but with extreme sensitivity in refusing abandonement or loss 10% has penal precedents and a general lack of anxiety or sense of blame. 3% were seriously or psychotic yet in some studies didn’t fit in with the definition of the victims. In fact, according to the victims, in studies by Horowitz in 1991 and Kamphuis in 2003, insecure attachment was to be found in the majority of cases. Three stalkers out of four were described as insecure, afraid, anti-social and worried in their style of attachment.

What must be done to prevent and estimate individual risk?

All the victims of stalking think that, at the end, the stalker will become more violent. An individual evaluation is necessary to define the risk of violence and some studies have attempted to do so. The following risk factors are those which can mainly predict an evaluation of individual risk

• Psychotic stalkers are not more violent than the non-psychotic ones (Kienelen in 1997) They can even be less violent (Rossenfeld and Harmon 2002)
• Psychotic stalkers tend more frequently to harass strangers or acquaintances rather than ex- partners (Farnham 2002)
• Erotomania stalkers with multiple victims and anti-social behaviours are more violent than the erotomania stalkers with only one victim and no anti-social behaviour (Menzies 1995)
• Intimate ex-partner stalkers are more inclined to recurr to violence than the non-intimate ones.
• Men: case of violence increases the risk of violence. Episodes of serious violence are to be associated with the absence of penal proceedings and the state of working.
• Precedents of drug abuse are predictive of violent behaviour yet not so serious as homicide.
• On relapse there are still very few studies, with the following results: 50% of the people who have stalked has already had a relapse episode
• The majority of the crimes is reiterated within a year from prison release.

Among the risk factors of relapse, we should remeber: the young age, the ex-partner stalker, precedents of drug addiction and personality disturbances portraits. Between 18-70% of the stalkers subject to probatory or restrictive provisions violate these measures. After a probatory or restrictive provision, menacing and other stalking behaviours, with time, considerably reduce but not more than those of stalkers not subject to said measures.

English legislation, in particular on domestic violence perpetrated on minors, took a decisive turn several years ago (2000) due to an emblematic case regarding a child called Victoria Climbé when for her case 3 housing authorities, 4 social services departments, 2 teams for the protection of minors of the Metropolitan Police Service, a specialized centre run by the NSPCC national service for the prevention and care of children and 2 hospitals were activated but the child died due to the violence suffered.

Victoria was in England for a total of 10 months, arriving in April, 1999 with her great aunt Marie-Thérèse Kouao and dying on February 25^th, 2000.  In April, 2001 the government decided to open its own official inquiry on Victoria’s death and, once the proceeding was over, published Lord Laming’s final report in 2003.

During the relativelly brief period of her stay in England, Victoria was visited by a numerous variety of agencies acting independently and, thanks to the lack of coordination and exchange of information not to mention the understaffed agencies using untrained personnel, she managed to slip through the nets which should have protected her. In practice, contrary to what happens with other minors who may remain hidden to the agencise, Victoria was well known by many of them, as Lord Laming wrote, adding that “the tragicc thing is that these services, at the end of the trial, knew little or nothing more about Victoria than they knew when she was sent to them, starting with the Ealing Social Services by the Unit for Homeless persons in Aprile, 1999”.In April, 2001, Lord Laming started the inquiry on Victoria’s death and the results were published in 2003).

• A Committee for Minors and their Families – directed by the Cabinet with representatives of the government departments
• Committee for Minors and their Families – chaired by the local authorities and composed of important officials of the police, social services. health services and habitation/penitentiary instruction services.
• Responsibility– lthe development of a well defined responsibility for protecting minors and the well-being of families. The directors of the services will be held personally responsible for the efficiency of the services and the disposition their organizations carry out to ensure that the best protection possible is offered to every minor.
• Exchange of information – concern has been expressed during the inquiry, about the exchange of information on people (for examply, theinhibition by Human Rights and the Act Protecting Data) since, apparently, legislation on the matter holds back the exchange of information between the agencies or artificially increases concern to the point that information can not be exchanged due to the Law on Minors Protection.
• Data bank – this will be instituted at a national level and will cover the formation of a specific framework of the needs of minors regarding health, development and instruction. The government is commissioning work to control whether this system is valid of not.
• Services financing – the services have not received sufficient financing – this is something the local authorities must examine and modify since the accent must always be on the front-line services.
• Criteria of elegibility – many agencies limit their contribution on the basis of elegibility criteria and this signifies a sort of limitation which finds no justification be it ata a legislative level be it at an instruction one; the circumstances of every case must be evaluated based on the validity of the referrent (the agency involved), the grade of risk and the urgency of the answer. In order to correctly estimate any need, the local authorities must be more directly engaged in the local communities, with the obligation of defining needs and the ways of facing them.
• Services availability – in Victoria’s case, the office hours of the London boroughs of Ealing, Brent and Haringey were 40 hours per week and this means that for the remaining 128 hours there was only one employee without any specific experience. Consequentlt it is recommended that the local authorities arrange things so as to offer an emergency coverage system operating 24 hours per day resembling the services already offered by the police/health institutions.
• The Agency and its personnel – this situation puts the client and the personnel in a condition vulnerability. In fact, in many agencies it is feared that the agency personnel is used in inadapt circumstances and this problem must be faced. If agency personnel is used, they must be given valid support and adequate supervision.
• Training and Supervision –  The promotion of the best pratices is vital for the improvement of the services. The key area is training at which we must aim. Balance between theoretical instruction and practical training with an inductive programme for new personnel handling their role in protecting minors and their support families is required. Supervisio is the corner stone of the practices for doing good social work and must be organized so that it works efficiently at all levels of organization.

Practical guide and documentation – the reports are often voluminous and heavy; the task is that of supplying very busy personnel in each agency valid and practical help of a directive depth. The challenge is to offer material which really helps the people to do their job.

The legislative impact Each minor is important – Lord Laming’s report recognizes that “the common denominator responsible in each case (Maria Colwell, Jasmine Beckford, Lauren Wright and Ainlee Walker) for the lack of rapid intervention was the limited coordination, lack of exchangeof information, the absence of personnel with a strong sense of responsibility or front line operators able to fill in for the lack of personnel, the bad management and absence of efficient training.” The report received a mixed welcome from many organizations.

Security and Justice – the government proposals on domestic violence are:

Prevention – work in the first place onunderstanding why domestic violence can happen and, secondly, with the victims and authors to avoid it being repeated.

Protection and Justice – increase legal protection for victims and their families.

Support – for victims in their reconstruction of their own lives.

Numerous parts of the document have been explored, including instruction, multi-agency activities, information, support and legal protection as well as preventing the crime being repeated.

Keeping minors safe – this is the governmentìs reply to the inquiry into the death of Victoria Climbé and the Chief Inspector of Police’s report on safeguarding minors. Safeguarding of minors was submitted, until 02.04.04, to specific examination which should furnish an extremely  precise guide on minors protection for the education and instruction services.

The law for victims of domestic violence and crime – this law is divided into three parts – domestic violence – penal procedure .-.the victims:

Domestic violence:

Emendments to the Families Law of 1996 have been proposed and foresee that violation of the law on non-harassment becomes a penal crime and that the meaning of the word “associated person” must be extended to include couples of the same sex living together.

It also introduces a new crime – the one of provoking or consenting to the death of a minor or a vulnerable adult.

The introduction of an inquiry on domestic homicide.-.that is an inquiry into the circumstances provoking a death due to violence, abuse or neglect by the family, intimate friends or a person over 16 years of age.

Penal Procedure:

This procedure makes aggression become a crime with relative arrest and extends the availability of the regulations on the order of preventive imprisonment as per the Law on Protection against Harassment of 1997.

Victims:

This part obligates the Secretary of State to issue a code regulating the services to furnish to victims of criminal conduct.

The Law on Minors:

This law is the direct result of the Laming report, i.e. that “Every Minor is Important” and covers a wide range of services and some areas make reference to specific modifications to be made to the previous relations and are:

The High Commissioner for Minors in England must promote the knowledge of the opinions and interests of minors.

The law specifies the duty of the various services and associations to collaborate and in this sense involves important local authorities of England and Wales to institute collaboration relations with the key agencies, legally recognized and other relevant agencies of the volunteer organizations and communities sectors in order to improve the well-being of minors.

Dispositions for safeguarding – this is a new obligation for the local authorities and other key authorities to directly and efficiently involve themselves in the necessity to safeguard and promot the well-being of minors.

Information data bank – local authorities must start up data banks contining basic information on all minors.

The Director of the Services for Minors and the group leader must render the local authorities more responsible and incisive.

Intervention – there will be new powers of intervention concerning the social services for minors to make them similar to those concerning instruction.

City Safe

City Safe coordinates the forum of Services and Associations actively working on the problems connected with safeguarding the weaker groups who, more than others, are potentially victims of aggression and violence.

The idea of starting off a shared coordination and a project springs from dramatic cases involving, in particular, young children.

The situation of victims is often known by the agencies but the lack of a link generates intervention which is slow, non-synchronous and with very limited protection for whoever finds himself in a dangerous situation.

The guiding coordination idea is to put together experiences and resources in order to construct personalized intervention projects but also to unite efforts to get moving with preventive and information/formation on the public opinion.

The figure of the reports filed on domestic maltreatment and a lot of recent research, conducted with highschool students outline a particularly critical situation. In fact, apparently over 50% of the sample interveiwed stated having been present at or have sustained maltreatment in the family and almost half of the young women interviewed considered as a normal thing.

From these observations, the idea of promoting cultural and education actions, especially in the schools grew up  thus starting off a sensitization work on the new generations, extending initiatives and comparisons to parents, also.

Victim Support 

The association if an NGO and works within the City Safe coordination, in a network system which links the private social associations, the police forces and the local administration services. The association in particular deals with support to crime victims and their relatives, in the face of the fact of theprogressive increase in cases of violence. At a national level, last year, the support offered to victims regarded about 60,000 persons , of which about 10,000 were given assistance in court. In the city of Liverpool the crimes of violence reported passed in 2003 from 1,300 to 3,500. This figure alone certainly indicates an increase in the number of crimes but also an increased habit and facilitation in getting in touch with the police forces.

Victim Support offers victims, free of charge,:

• Counselling and psychological support
• Intervention in habitation and economical emergency situations
• Connection with the police force from the moment of the report onwards
• Assistance during court proceedings
• Assistance in obtaining damages compensation from the author of the crime or for filing the request for indemnity from the state should the author be impecunious.
• Accompaniment to other associations should particular, specific needs equire it.

From  Codini Gabriele, Guarnieri Roberto, Bossolasco Rosanna, Galli Susanna, Pavan Simonetta, Bonora Susanna, Antarelli Daniela, Donisetti Laura, Signorino Laura, Adorni Fulvio. “ELDERLY PEOPLE, WOMEN AND CHILDREN VICTIMS OF CRIME, COMPARISON AND EXCHANGE OF EUROPEAN EXPERIENCES”, Provincia di Milano , Laboratorio Salute Sociale, Network Europeo sulle vittime del crimine 2004

The aim of LAV is to supply efficacious help to crime victims and enforce their rights. Aid consists of:

• consultation, which is ensured by a permanent co-ordination commission, a delegate for victims and the prevention of maltreatment, with two regional units (UIR)
• protection of the victim and guardianship of his rights in a penal proceeding
• indemnity for material damage and moral reparation through a simple, rapid and free procedure

Take-in of victims is ensured on the Canton territory by 4 UIR units composed of operators appointed among administrative service or other public or private bodies specialists.

The delegate and the UIR, in particular, give or procure: to the victim medical, social psychological, material and juridical help, give information.

Every person who, due to a crime, has directly received lesion of his physical, sexual or psychic integrity can benefit by law whether or not the author of the crime has been traced and his behaviour found guilty. The parents, children, as well as any other person close to the victim through similar links, have the same rights as the victim with regard to:

• consultancy
• exercise of procedural rights and civil requests to the measure in which they can enforce them against the author of the crime
• moral indemnity and reparation to the measure in which these people can advance civil demands against the author of the crime 

The main task of the police is that of informing. 

During the first hearing, the police and investigating authorities must inform the victim of the existence of UIR and his right to be assisted by a lawyer or by a person he trusts.

The police and investigating authorities must inform UIR of the name and address of the victims.  The victim, however, has the right to refuse this communication occurring. If the victim is a minor, the Juvenile Magistrate, however,  has the faculty of reporting the identity of the victim to the  UIR even without his consent, again in particular circumstances justifying it.

The personality of the victim must be safeguarded by the authorities in every stage of the  proceeding.

The hearing of the victim must take place in times and ways contemplating his/her psychic conditions and age. The victim, during interrogation as a witness or person obliged to furnish information, can be accompanied and sustained by a trusted person.

He/she may refuse to testify on facts concerning his intimate sphere. Victims of crimes against sexual integrity can insist on being interrogated by people of the same sex.

The victim, even without suing for damages, has the right to be assisted by a lawyer or other trusted person in every stage of the proceeding.

from website

Why a Code of Conduct

The Code of Conduct for Reporting Domestic Violence and Child Abuse is a step-by-step action plan for careproviders and institutions that can be followed where domestic violence or child abuse are suspected or detected. The action plan offers carers support by making clear what is expected of them. This clarity is not only important for the care provider, but certainly also for providing effective help to the victim and the perpetrator.

Who is the Code of Conduct aimed at

The Code of Conduct is aimed at all care providers and institutions that offer education, shelter, assistance, care or support, such as teachers, social workers, doctors, nurses and psychiatric nurses, childcare employees, carers and the like.

AMK and ASHG: for advice and to report incidents

At every step of the Code of Conduct, contact can always be made with the AMK (the Child Abuse Counselling and Reporting Centre) and with the ASHG (the Domestic Violence Advice and Counselling Centre). They can provide information on the signs of abuse and can provide assistance in the approach taken and in discussions held with clients. When a

care provider or institution cannot manage on their own, the case can be reported, so that the AMK or ASHG can take over the handling of the matter either entirely or in part. After abuse has been reported, the AMK or ASHG indicates which procedures have been put in motion. The AMK is called in if the matter concerns the abuse of children or young people, while the ASHG can be consulted in the case of domestic violence where adults are involved.

The four steps in the Code of Conduct

1. Discuss violence/suspected violence with the

client.

An important fundamental attitude for care providers and teachers is openness towards the client. This is why the matter is first of all discussed with him/her. Important: skip this step if it may endanger the safety of the client, or if it is suspected that the client may break off contact with the care provider after the discussion.

2. Consult an expert colleague or the AMK or

ASHG.

If concerns persist after the discussion with the client, discuss the violence/suspected violence with an expert colleague, the AMK or the ASHG.

3. Always report suspicions of serious violence to the AMK or ASHG.

In the best interests of the client, serious violence should always reported. Otherwise the risk is too great that various care providers could end up working past each other. By reporting the matter, all the information is brought together, and the various actions by care providers can be coordinated.

Serious violence

The seriousness of the violence can be determined (amongst other things) in the light of:

- its duration and intensity

- the use of weapons or other serious means

- the chance of the actions being repeated

- the seriousness of the physical and/or psychological injury to the victim

- the presence of children in the case of structural partner abuse

4. When the violence/suspected violence is addressed by the care provider him/herself, he/she must continue to follow the client so that a report can be made if the violence does not stop.

If there is no serious violence involved, the client wants assistance and it is possible to provide this assistance or organise for it to be provided, then this should certainly be done, but do not do it alone! In case of doubt, consult an expert colleague or the AMK or ASHG. Continue to follow the client, make follow-up appointments and be on the look-out for signs that could indicate that the violence is starting up again, in which case you should report it after all. The Code of Conduct and professional confidentiality. As a professional working in care, education, help services or assistance, you are under an obligation to observe professional confidentiality. This implies that permission has to be requested from the client before his/her case may be discussed with a third party. Professional confidentiality is not inviolable, however. In the case of domestic violence or child abuse (or suspicions of it), action should always be taken. Suspicions should be investigated further, and if domestic violence is indeed taking place, then both victim and perpetrator need to receive help in order for the violence to stop. This is so important that it should take priority over professional confidentiality. The Code of Conduct indicates how the necessary steps can be taken in a proper manner. Openness to the client A client is entitled to expect from the care provider that no action be taken without consulting him/her. Three rules of thumb when it comes to an open way of working are:

- discuss your concerns and suspicions with the client

- involve the client as far as possible in the assistance that needs to be initiated

- inform the client if a decision is made to report the abuse

Important: these rules of thumb can be deviated from:

- in order to ensure the safety of the client or the care provider

- if it is feared that the client may break off contact with the care provider as a result.

Reporting to the police

Child abuse and domestic violence are punishable by law. The AMK and ASHG have an agreement with the police that they will report cases of serious violence to the police, so that criminal proceedings can be started. But care providers can also report cases of domestic

violence to the police if it becomes apparent that this is essential to ensure the safety of the client. Within an institution, both an expert colleague and a superior should be consulted first, and the report made on behalf of the institution by a director of the institution.

The care provider is not alone

As soon as a care provider starts work at an institution that has signed the Code of Conduct,  the employer needs to ensure that he/she is capable of effectively following the Code of Conduct, for instance by offering training and by setting up the organisation in such a

way that the new employee can always fall back on a special-task employee or a team of expert colleagues. Should a client lodge a complaint about a care provider in a case where the Code of Conduct was followed, then the care giver is entitled to support (including legal support) from the employer. In short, the reporting Code of Conduct is not only a matter for

the individual care provider, but also for the institution for which he/she works.

Domestic violence

‘Violence and/or threats of violence by someone in the domestic circle. “Violence” is understood to mean: the physical, sexual or psychological violation of the personal integrity of the victim, including their exploitation. The domestic circle of the victim is understood to

include: partners and former partners, family members and friends’.

Child abuse

‘Every form of interaction with a minor that is threatening or violent in a physical, psychological or sexual manner, including exploitation, that the parents or other persons with whom the minor is in a relationship of dependence or lack of freedom force on the minor

either passively or actively, so that serious harm is done or may imminently be done to the minor in the form of physical or psychological injury’.

More information

The full text of the Code of Conduct and a detailed explanation of it can be found in Dutch at: www.ggd.rotterdam.nl or visit www.huiselijkgeweld.rotterdam.nl

Contact

For content-related information, please contact: Anthony Polychronakis (senior policy advisor for domestic violence)

at +31 (0)10 43 39 162 or polychronakisa@ggd.rotterdam.nl

GGD Rotterdam-Rijnmond, Postbus 700

The concept of safety is ample and safety is not limited only to the persecution of relevant penal factsbut also includes manifestations of a different nature which have effect on the social tranquillity and on the perception itself of safety.

The State Police therefore pays attention to safety differently and also considers the perceived safety. Nit is not only criminality, the organised one, which worries the Police Forces but also how the citizen perceives the state of unease for which there is not always a penal sanction.

At this point, space must be made for a plural formulation of safety and even participated safety is being talked about. All subjects, public and private, must intervene to ensure citizens’ tranquillity and so collaboration plans are being started up where all the actors of the scene are involved so that everyone can contribute to identifying the objectives, choose the instruments, program initiatives and verify results.

This formulation creates a situation where in the centre of the scene we have the main actor that is the citizen. It is the citizen and his needs which are of interest and we have to look at him to understand what his real life is.

The concept of Proximity Police comes forward at this point. The Proximity Police, before being an operative method is a philosophy; it is a mentality which aims at consolidating the feeling of trust with the citizen. All the operators of the Police Forces must inspire their work to this philosophy. The neighbourhood policeman is a concrete example of this new way of communicating with the citizen, with this desire for inter-exchange, receive advice on how to orientate an action. In fact, the neighbourhood policeman acts and operates in a city neighbour-hood and he is always the same figure the same person every day who gets moving, goes around and knows the shopmen and citizens, is close to all the inhabitants of the neighbourhood and, above all, takes care to the weaker stratas such as old people and minors.

One of the important themes today is the phenomenon of fraud perpetrated on old people, which seems to have acquired a new virulence. The possibility of preventing this kind of offence is rather difficult because it is a question of offences committed, for the most part of the cases, inside the walls of the house.

Consequently, the most efficient instrument, in addition obviously to repression, is communication. We have to convince the old person to adhere to some small rules, small good habits which, if respected, will help him live serenely.

This is the social sensitisation campaign which the Milan Chief of Police and all the departments put into effect from June to September, 2004 in collaboration with the Social Secretariat of RAI (Italian Public Television Network). This campaign realised with televideo pages, publicity spots, famous testimonials close to the weaker groups, communicated and indicated some small rules to respect in order to live more serenely and ended up with the distribution of a sort of handbook of behaviour handed out through the services agencies producing it.

The strategies the police activate are always more concrete such as the system for domicile denunciation, for example, in favour not only of old people but also for victimised of other types of crimes such as sexual violence. The state police has been carrying out this system for a long time for those subjects who call the emergency number 113 and manifest their objective impossibility to go to the police station to file a claim. A flying squad car, with an operator equipped with a computer, goes to the home of the person and collects the clain  in thus way avoiding old people the burden of having to go to the police station to make the claim in addition to the gravity of the crime: The same thing happens for victims of sexual crimes.

This is a very important initiative which has registered a really wide appreciation from the population in general.

The state police have, moreover, started up a Minors Office which, in collaboration with relatives, the Province and the City Council, helps minors, whether foreigners or Italians and offers all the kinds of assistance required as well as pursuing the various crimes and denouncing all the forms of family maltreatment.

In addition, further projects for improving the citizen services have been arranged so as to always be closer to him, such as the Call Center Service, a Vocal Post-box, Mini Mobile Offices of the Neighbourhood Police in the zones of the city, especially for the Summer periods when the majority of the crimes such a thefts and bag-snatching take place.

From  Codini Gabriele, Guarnieri Roberto, Bossolasco Rosanna, Galli Susanna, Pavan Simonetta, Bonora Susanna, Antarelli Daniela, Donisetti Laura, Signorino Laura, Adorni Fulvio. “ELDERLY PEOPLE, WOMEN AND CHILDREN VICTIMS OF CRIME, COMPARISON AND EXCHANGE OF EUROPEAN EXPERIENCES”, Provincia di Milano , Laboratorio Salute Sociale, Network Europeo sulle vittime del crimine 2004

This project brought together the efforts and reflections of both SVS operators (who, over recent years, have had to watch a growing number of women being admitted where sexual violence could be attributed to a wider domestic violence context) and of those in the Private Welfare sector with which SVS collaborates  and who are specialised in treating the problem.

The choice was to place SVD in a hospital as Accident and Emergency Departments (A&E) are the first place a woman victim of violence goes to; this both thanks to international literature and research and to direct experience with battered women

The Emergency dept has a priority role in revealing “hidden violence”:

-       Because the number of victims turning to an emergency dept is decidedly higher than those going to the police, advisory services, social services and private welfare services.

-       Because it is a “front line” where victims can make contact and ask for information.

-       Because injuries can be documented accurately.

-       Because recurrence can be identified thus preventing inevitable deaths.

Thus, the Emergency dept can be considered a privileged observatory of domestic violence as it is where all women who have suffered physical violence and been beaten go for health care. Moreover, it is where we can come into contact with women who have not yet had access to places helping domestic violence victims; women who often hide the real causes of their injuries behind umpteen different excuses. In Emergency departments, you frequently find women who only ask for care over body injuries as they have not yet elaborated or structured an intrinsic reason for getting out of their violent relationship.

Emergency Department doctors are often massively faced by the phenomenon daily because of frenetic situations and continual emergencies during their normal shifts; they find they have not got enough time to hear the woman’s “story” properly. Yes, the mechanism guarantees that the battered victim be treated, but also risks favouring that silence and invisibility characterising family violence.

Some studies show how battered women turn to health services 4 and 5 times more than non battered women.

It is because of these thoughts and circumstances that SVD was set up to create an additional integration for emergency department doctors’ work so that we no longer just deal with a battered, violated, denied body but the woman as a whole in all her suffering, fragility and considerable ambivalence. Thus the purpose is to diagnose and reveal domestic violence early, to reduce damage and break that violent spiral before it is too late.

Opened on 11 December 2007, the SVD became operational immediately as that very first day the first woman was sent to us by Emergency Dept doctors.

Soccorso Violenza Domestica is for all women victims of a violent relationship; they are guaranteed initial reception mainly of a psycho-social nature; SVD has welfare workers and psychologists specialised in handling the social, psychological and legal aspects linked to domestic violence and gender violence in general.

However, the SVD has an even more ambitious goal. Thanks to collaboration with the medical staff in the Emergency department, it aims to come into contact with those “hidden” domestic violence situations forming that famous “obscure number”; the case share that is not recorded by the control agencies thus does not end up in official statistics meaning we underestimate the phenomenon we are dealing with.

But let’s take a look at its structure: SVD is in the Mangiagalli Clinic and is open to the public on weekdays from 9 to 16. During opening hours, along with a social assistant and a psychologist, there is also a Telefono Donna (Women’s Help Phone) operator present (one of the associations we work with) who listens, collects information and welcomes people by phone.

Then, every day of the year, 24 hours a day, the Hospital Policlinico Emergency Department medical staff are guaranteed phone availability.

During our daily work, we basically have to handle two different kinds of situation:

-       Non emergency situations: with a low risk for a woman’s safety; organising an appointment at the  SVD for a first interview to structure, in agreement with her, a project for getting out of the violence situation which could then foresee her being sent to targeted structures and services.

-       Emergency situations: those often signalled by the Emergency dept of the Policlinico. They call us in all cases in which a woman goes to their unit for health care and to report physical abuse; SVD operators answer this intervention request in two different ways:

-        In the daytime, by going to the A&E unit where we can, compatibly with Unit space and times, talk to the woman face to face for the first time; 

-        At night or on holidays/weekends we answer phone requests promptly.

Compatibly with the woman’s clinical conditions, the first interview aims at:

-       Knowing her story;

-       Containing her fear, anguish, desperation, disorientation;

-       Assessing the risk situation: assessment not just considering the Sara-S guidelines (a risk assessment tool on a repetition of a partner’s aggressiveness), but also considering the woman’s vulnerability and that intangible “feeling” forming the operator’s contro-transferance reaction.

If the risk is high, other protection organisms are activated from the very start (police, magistrates, anti-violence centres, etc.), also at night.  At times, in extreme circumstances, if the woman cannot be placed in a protected community straight away, we were forced, as an exception, to ask the Emergency unit doctors to hospitalise the woman for a brief period until we have found the new resource.

Emergency intervention in the Emergency department foresees variable reception times based on the victim’s state and needs, besides the time needed for the medical visit foreseen for that specific situation. 

If wounds or injuries suffered by the victim need more specialised assistance, the woman is kept under observation in the Emergency Department or hospitalised in the competent Ward (Orthopaedics, Maxillofacial, and Urgent Surgery). If the woman is hospitalised, we visit her every day not just to establish an alliance and trust relationship, but also to limit any feelings of being lost and to sympathise with her suffering, not just physical.

During the first meeting with the woman, we feel we must explain not just who we are and what we do, but also point out something important, the presence or not of a fact, desire or will on her part to report the matter.

Apart from any intentions expressed by the woman, we must explain and underline our legal obligations if the extremes to proceed ex-officio exist; as the SVD is an institutional service, those reaching us must be aware, from the very first, that we have to respect professional secrecy, but that we also have legal obligations over denunciation if one or more crimes are involved; this means we must proceed ex-officio.

Cases are taken on in the SVD for a limited time period, even though this can vary from case to case based on the project hypothesised and built with the woman.

After the first interview we usually plan:

-       4/5 meetings with a psychologist and/or social worker

-       Legal advice (civil and/or criminal);

-       She is accompanied on the path towards network and territorial services.

As we well know, domestic violence situations are somewhat complex and always require the intervention of operators with different professional skills and competences (legal, socio-welfare, health, psychological….); that is why a solid collaboration, integration and coordination network must be set up with the different public and private social services which, with their specific professional qualifications, can satisfy the multiple needs of a woman domestic violence victim.

For that purpose, SVD coordinates and networks with:

-       Anti-violence centres and reception centres that we refer to in cases where the woman has to “disappear” to save her life and often those of her children;

-       Associations specialised in elaborating trauma at a psychological level and which can accompany the woman along the long term psycho-therapeutic path;

-       Association SVS Donna Aiuta Donna which has a pool of criminal and civil lawyers to sustain the woman on a possible path;

-       And telephone support and reception associations.

These are also joined by the Milan City ASL (Health Units), Milan Town Council services, Police forces, Magistrate’s Office and the various family advice centres and Hospitals present in the territory.

To conclude, I thought that some data on what has been done by SVD in its first six months could be of interest to you.

68 Phone interviews. 88 women taken on.

In 2007 (from 11 to 31 December): 12 italians, 5 foreigners total 17.

In 2008: 42 italians, 29 foreigners , total 71

In total:  54 italians, 34 foreigners and 88 in total.

The service was accessed in different ways:

-       Spontaneously: 40 women

-       Sent by the Emergency Dept: 22

-       Sent by another public or private welfare structure: 26

For what concerns authors of violence, we have seen that:

-       57% had suffered violence at the hands of their husbands;

-       19% a partner;

-       13% ex-partner: ex-husband, ex-person lived with, ex-fiancée;

-       3% a fiancée;

-       6% another family member (2 -father, 1 –brother and 2 -son);

-       And finally there are two cases defined as “Not pertinent” because, though they are women who had suffered violence, this was by men who had no affection or family relationship with them.

Data on the type of violence suffered shows that:

-       in 69.3% of the cases the women reported psychological violence (insults, threats, intimidation, humiliation etc.);

-       in 78.4% physical violence (punched, kicked, bitten, hit by objects, knifed, burnt by cigarettes)

-       11.4% declared they had suffered sexual violence

-       4.5% Stalking

-       11.4% economic violence.

Naturally, as we know, these different forms of violence often occur together.

The SVD is a new-born service taking its first steps. Thus, based on daily experience, methods, procedures and protocols are still to be studied, thought over and compared. With this in mind, our goal is, yes, to consolidate what has been learnt so far, but also new experimentation; for example, we want to set up round tables between SVD operators and Emergency Dept doctors/nurses to try and work out modes or indicators that can help us reach those women justifying their “black eye or fracture” with statements like “I fell, I fell against the doorpost” in a better way. Though obvious signs of abuse, like bruises or fractures, are classic indicators, doctors must be careful over more subtle signs like: headache, backache, sleeping problems, anxiety, stomach problems, depression and chronic pain which several studies have shown are linked to stress connected to living in a violent relationship. Furthermore, thanks to the collaboration and training of Emergency Dept doctors, it has been agreed to no longer write on reports “beaten by a person known” but to state that the abuser is “husband, partner etc…” as we are well aware of how important these certificates are during a legal proceedings; and this is another small step forward in pulling the veils off violence in families.

In italy, according to the data communicated by  the “Ministero della Giustizia” (Ministry of Justice) and the “Departimento Anticrimine” (Crime Department) there has been an increase of the 30% in sexual abuse over minors

The average age of the victims is between zero and five. The regions in which this phenomenon is more frequent are Lombardy,  Veneto, Lazio and Campania.

In the first semester of the year 2006, pro-paedophilia websites had an increase of 300%.

Abuse over minors has become alarming in all parts of the world.

In Europe it is estimated that everyday four minors, meaning 1.300 a year, die because of homicides or maltreatments

Paedophilia and  pornography  involving children are global and alarming phenomena which nowadays are easily spread thanks to the new communication tools  like  internet.

It is a monstrous and shocking phenomenon that in 2004 led to  the creation of  20.000 sites and attracted 3.500.000 million people, more than 15.000 every day. G

Europe is taking action from some years now to fight this increasing problem and to promote the rights of infantry both in Europe and in the various countries. In  Italy starting at the “Convenzione dei diritti dei minori” (Convention for the rights of minors)specific actions  have been undertaken to support UN countries’ members  to fight the shameful violence  on children who  are abused, beaten, obliged to beggin, used for labour, frequently in the familiar environment , and sometimes killed.

The phenomenon seems to be increasing. The 70% of the cases are out of any control. IT must be considered that an abused child  can become a violent adult and an abuser  because he has experienced violence as a effective  instrument, This demonstrates that an early  intervention must be made to stop abuse and the use of violence over children.

According to the statistics from the “Istituto Innocenti di Firenze”-Unicef of Florence-  every weak two minors die because of violence or murder in Germany and Great Britain.   In France there are three minors per week and in Japan four, while in the United States violence causes twenty-seven casualties  per week.

It is important to know about these abuses to be able to understand the reasons that lead to these deaths and this amount of violence over minors.

Specific interventions have to be taken to face the phenomenon of minors migrating alone to Italy. On this specific issue  it  was welcomed  the creation of the “Comitato di protezione dei bambini stranieri” (Committee for the protection of foreign children) which shares the rules on immigrants’ access to health services established by the law 40/1998. The report also takes into consideration the lack of adequate services for hosting minor immigrants caused by the lack of coordination among Italian  Regional Services having different procedures for the support of young  immigrants as well as the rules  established by the new law 189/2002 for the preventive imprisonment of immigrants in lack of personal papers .

In accordance to the principles and guidelines of the Declaration, the Committee recommends:

• To enhance efforts to create enough specialized centres for non accompanied young migrants with special attention for those who are victims of trafficking and sexual exploitation
• To assure that the stay in those centres will be the briefest as possible and to assure  education and access to health during the stay in the centres and after
• To assure a co-ordinated procedure in all Italy to face the problem and protect the minor interest
• To adopt immediately a coordinated procedure in Italy for the non accompanied minors
• To assure an accompanied  return to the Country of origin if this is then best solution for the child  and to assure the best assistance afterward
• The Committee recommends that the Italian Government will develop a global strategy with specific targets a8iming to prevent and eliminate minors’  work by studying the problem and increasing awareness 

Translation by  Leonie Ghirardi

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Introduction

Although Greece appears to be, according to UNICEF, one of the countries that have the lower percentage of child abuse and neglect world-wide, this phenomenon is still a contemporary problem of the Greek society, which does not make any type of discrimination. According to the annual number of births, each year is expected one to two thousands new cases of all forms of child abuse and neglect. This leads to the conclusion that at the time being, in Greece there are 18 to 36 thousands abused children younger than 18 years.

Survey data on the abuse and neglect of children

The Institute of Child Health was established in 1978 and since then has conducted various researches on children abuse and the effects it has on them. The results of these researches can be summarised into the following:

In a sample of 197 physically abused and neglected children, 17% of those who had severe injuries died. From the physically abused children, 33% suffered temporary disability (e.g. fracture of limbs) while 8% permanent damage (e.g. deafness, paraplegia, disfigurements etc).

Long-term survey of 89 abused and neglected children revealed the serious consequences of violence on the physical and mental health and on the social adaptation of the children:

• 22% had mediocre to serious neurological problems.

• 27% had mediocre to serious intellectual instability.

• 45% had mediocre to serious problems of mental health.

• 20% were attending a special school or class.

• 17% had abandoned school before the end of the 9-year compulsory attendance.

• 12% had already been involved, at an average age of 11 years old, in robberies and vandalisms.

• 20% had already forced, at an average age of 11 years old, violence against adults outside their family and 10% against their parents.

A survey, which was conducted during 1995-96 and concerned students of 1st and 6th grade of Athens public schools, revealed the wide use of corporal punishment (65,5%) in the form of beating.

• Compared to girls, boys were twice as likely to undergo corporal punishment, younger children (1st grade) were trice as likely as the older ones (6th grade) and children with brothers and sisters were twice as likely as the only children.

• 6,2 % of the children suffered minor injuries from being beaten up, while 1, 8% had to get their wounds stitched and undergo treatment.

• Over 90% of the parents believe that corporal punishment may disturb the relationship between the parent and the child, generate fear, depression, psychological problems and eventually, result in mental instability.

Survey data on sexual abuse

During the last decade, a growing number of research data not only indicated the problem of sexual violence on children but also, its special characteristics.

A survey of the Institute of Child Health that was conducted in 1991 in 743 undergraduates, aged between 18-20 years old, showed that 17% of the girls and 7% of the boys had suffered sexual violence during their childhood, in an average age of 11,4 years old, with the perpetrator being at least 5 years older than them.

Moreover, the data compiled revealed that when it came to the relationship between the victim and the perpetrator, there were three cases: In 33% of the cases the perpetrator was a family member, in 33% he was not a family member but friend of the family and as for the rest of the cases, the perpetrator was a complete stranger.

Youngsters that have suffered sexual violence have 5 characteristics that can be considered as factors increasing the possibility of being sexually abused.

Problems of parents’ relationship

• Exposure to parental sexuality

• Domestic violence

• Punishment by the parents when the child was occupied with matters of sexual content (vocabulary, questions, and behaviours).

• Early commencement of sexual activity

Other surveys of the Institute of Child Health reveal the connection between sexual violence and other forms of abuse, the important role of the mother in the incestuous family, the characteristics of incestuous men, the reactions of welfare services etc.

• Long-term survey of 89 physically abused and neglected children showed that in an average age of 11 years old, 7% of the children had suffered domestic sexual violence, 4,5% outside their family while 3,5 % had already been involved in prostitution.

• A clinical survey conducted in 1997 examined the role of the mother in cases of domestic sexual violence. The majority of the mothers examined could be described as submitted and dependent, immature, emotionally absent and unable to protect their children. The mother is not always capable of accepting reality when her child reveals the sexual violence it has suffered from a familiar person. It depends on how well the family functions, the gravity and the special characteristics of the specific abuse, the “quality” of the relationship between a mother and her child and on the relationship of the parents as well.

• A detailed survey of incest through 25 cases that have been taken to court in Greece revealed the nature of this phenomenon. The characteristics of the families, the perpetrators and the victims are very different from those of clinical surveys, where the sample comes from services of mental health and welfare, that is, from non-judiciary sources. The cases of incest that are taken to court are characterised by the low educational, social and economical standards, the number of children within the family, the age of the child-victim and the criminal record of the father.

On the contrary, the mental health system deals with cases that appear in all educational and economical levels of society, when the child is victimised at a much younger age, with the perpetrators lacking in a criminal record.

It is worth mentioning that in the cases of sexual violence, the rate between boys and girls was 1:2. The age of the boys ranged between 2,5 and 6,5 years old whereas for the girls it was between 2,4 and 17 years old.

LEGISLATIVE FRAMEWORK

Greece has signed and ratified UN Convention on the Rights of the Child and has been part of the Greek legal system since December 1992 (Law 2101/1292).

Built on varied legal systems and cultural traditions, the Convention on the Rights of the Child is a universally agreed set of non-negotiable standards and obligations. It spells out the basic human rights that children everywhere -without discrimination- have: the right to survival, to develop to the fullest, to protection from harmful influences, abuse and exploitation, and to participate fully in family, cultural and social life. The Convention protects children’s rights by setting standards in health care, education and legal, civil and social services.

Moreover, Penal Code provides for the under aged – victims of violence, as long as they are over twelve years old (article 118), the right to sue the perpetrator by themselves or along with their legal representatives and also, the right to assign an advocate in order to demand compensation for moral damage and physical injury.

LEGISLATIVE FRAMEWORK ON CHILDREN SEXUAL ABUSE

Greek Penal Code provides for the offences that affect the chastity of the child. The main offences considered as “sexual abuse” of minors are the following:

• Rape (article 336 P.C.)

• Offence of sexual dignity (article 337 P.C.)

• Seduction of children (article 339 P.C.) In this particular offence, the age of the victim plays an important role, according to Law1272/83. The younger the victim is, the stricter the penalty will be.

• Abuse of minors and debauchery. (article 342 P.C.)

• Incest (article 345 P.C.)

• Human trafficking (article 349 P.C.)

The penal prosecution in the offences of rape, incest and human trafficking is self appointed. For the “offence of sexual dignity”, “seduction of children”, “abuse of minors” and “debauchery”, the penal prosecution proceeds only if the victim or his legal representative sues the perpetrator. This also means that for these offences the perpetrator is not liable to prosecution, if the charge is withdrawn.

Especially in the case of rape, even though the prosecution is self appointed, the public prosecutor can withdrawn the charge, provided that: a) the victim or his legal representative wishes to do so, b) the council of the Magistrate’s Court decides that the procedure of the trial will harm the mental health of the victim (article 344 P.C.).

HELP PROVIDED TO THE VICTIMS OF SEXUAL ABUSE

In Greece, several governmental organisations provide psychological and social support, for families and children facing problems:

• The Department of Family Affairs of the “Institute of Child Health” provides specialised services to families and children, and develops consulting and educational training programs for organisations and professionals.

• The children’s medical and mental centres and the centres of mental health of the Ministry of Health and National Insurance in Athens and in big urban centres of the country, as well as the services of the social welfare and children’s protection of the prefectures, provide diagnostics services and treatment on issues concerning the relations between the family and the child.

• Most municipalities of the country have social services that provide advice to families and children, which are referred to special services and professionals.

• In most Courts of First Instance in the country operate offices of the Organisation for Protection of Minors and services of Commissaries of Minors of the Ministry of Justice.

• The newly established institution of “Child’s Advocate” dealing with cases of violation of children’s rights.

Important services are also provided by several NGOs acting on issues that concern the child and the family. For example, Children and Family Support Centre has provided up to now, psychological and social support, as well as food to more than 300 children that work in the streets and live in poverty. Similar services are also provided by the Association for the Social Support of Youth “ARSIS”, a non-governmental Organisation working for the Social Support of Children and Youths.

At the moment, very few organisations can provide accommodation and complete care to children under 18 years old. The Centre of Infants “Mitera” provides care to babies that have been abandoned or abused until they are adopted. The organisations “SOS Children’s Villages” and “The Child’s Smile” have the ability to provide accommodation to such children, since they have the structures and staff needed (social workers and child psychologists). “The Child’s Smile”, which provides shelter to about 130 children, also has the telephone line 1056 for children support, aiming at the direct confrontation of serious incidents.

Hostels that accommodate abused women can provide shelter for a short period of time to mothers and their children, as well.

WEAKNESSES OF LEGAL FRAMEWORK

Although the UN Convention on the Rights of the Child has entered the Greek legal system since 1992, Greece is still accused by international organisations for not having introduced laws that concern children corporal punishment.

Moreover, Greek legislation system does not impose, in cases of sexual abuse, the removal of the perpetrator from the house of the victim, something that happens in other countries. Usually in Greece, the child-victim is removed from the family and is placed in an institution for children’s protection. In this way, not only does the child become the victim but it is also removed from its house, whereas the responsible for the abuse along with the other members of the family remain together.

The main problem of the Greek legislation system, as far as the under aged children are concerned, is that the law is not carried out. In the cases of child abuse, even if they reach court, it is likely that the hearing will last for a long period of time or even for years. After the cases are closed, the decisions are not applied due to various factors.

Furthermore, there is an urgent need to create a court just for families’ affairs, with judges that have the knowledge and experience on issues of family and children. According to the judicial practice, cases concerning the abuse or neglect of minors are judged by the civil courts, regardless of whether the perpetrator is an adult or a minor. As a result, decisions are based on civil law, and not on the law 2101/1992 that concerns the incorporation of the UN Convention on the Rights of the Child in the Greek legislation.

PROPOSALS FOR THE IMPROVEMENT OF THE PRESENT SITUATION

The interviews with professionals dealing with subjects of abuse and neglect of the minors presented solutions in order to confront this phenomenon in a more effective way. Therefore the following measures are considered necessary:

• Creation of programs addressing mainly to parents, in which they will be educated on how to co-exist without problems within the family. This will be accomplished by having as criteria democracy, dialog and the equivalent participation of all members.

• Conduct of primary researches for the better comprehension and confrontation of the phenomenon of violence against children in Greece. Such an action can be taken along with systematic recording of incidents from several services.

• Further aid to the social services that prefectures and municipalities provide, whose personnel is specialised in various subjects related to family matters (sociologists, children psychiatrists, etc.). The objective of such an action will be to treat the victims of violence in a total and not partially, as it happens today.

• Better geographical distribution of services that the governmental organisations provide, because from the one hand, there are regions that lack services and personnel and from the other, there are regions that have more than necessary.

• Closer collaboration and exchange of information between the institutions that work on the abuse and neglect of minors (social services, judicial services, etc), because there are tendencies of isolation and lack of collaboration and communication between the various ministries and their services.

• Support of the NGOs dealing with issues of abuse and neglect of children.

Interview partners

Governmental Organisations:

Mrs Vivi Tsimpouka, Social worker, Institute Child Health / Department of Family Affairs

Mrs Angeliki Skoumpourdi, Social worker, Institute of Child Health/ Department of Family Affairs

Mrs Metaxia Stavrianaki, Social worker, Institute of Child Health/ Department of Family Affairs

Non-Governmental Organizations:

Mrs Maroula Kantaraki, Ph. D, Scientific Collaborator of Children and Family Support Centre

Cited Literature

Institute of Child Health, “Handbook on children’s rights”, Athens 1999.

Kiriakopoulos Ioannis, Georgousi Evgenia, Margaritidou Vaso. Simeonidou Haris, “Health, Social Protection and Family”, Centre of Social Sciences and Health, March 1995.

WOMEN

Introduction

Although domestic violence in Greece constitutes a social phenomenon with huge dimensions and appears in all social and ethnic groups, yet there has been no systematic and sufficient research by the Greek scientific community.

The difficulty in the collection of statistical data is mainly due to the lack of sufficient information provided by the various services at which abused women turn to for help. Therefore, it is difficult to estimate the extent, the nature, the gravity and the consequences of this phenomenon. In addition, domestic violence against women is denounced in a very small degree, since it is considered a part of Greek culture, that is, in a society at which powerful traditional values dominate in regard to the differentiation of the roles of the two sexes. In that sense, the social values and attitudes distinguish man as the dominating figure in the family, whose absolute power cannot be disputed by anyone. At the same time, social and legal services have avoided the systematic involvement in an issue that is considered eminently private and have dealt mainly with the maintenance of the family institution.

The small number of charges of domestic violence in Greece is due, among others, to the attitude of:

a) Greek men who, even though are considered authoritative, are not considered brutal as husbands,

b) Greek women who are tolerant and submissive and do not denounce their husbands to the authorities or sue them for a divorce for reasons relating to economic uncertainty and low emancipation standard.

Rendering of help to the victims

In 1993 in collaboration with the municipality of Athens a Shelter for battered women and their children was established. In 1998, the General Secretariat for Equality created the Battered Women’s Centre in Athens and, in 1999, in Piraeus. Women-victims of domestic violence appeal to these centres for psycho-social support and legal advice.

Until today, 28.037 women-victims of violence have turned to the two Counselling Centres of the General Secretariat for Equality, both in Athens and Piraeus, 7.702 of them visited the centres in question and 21.037 had only a telephone contact.

Frequently, due to the complexity of problems that women-victims of domestic violence encounter, these particular services also cooperate with other social institutions (for instance, Public Prosecutor’s Office, Police Departments, Hospitals, Social Services of Local Government, etc).

Along with the Counselling Centres for Violence against Women, also operates the Research Centre for Gender Equality (KETHI). Its headquarters are located in Athens and has branches in big urban centres (Salonica, Patras, Iraklion, and Volos).

KETHI is supervised and funded by the General Secretariat for Equality of the Ministry of the Interior, Public Administration and Decentralisation. The basic aims of KETHI’s activities have a dual focus; to conduct social research on gender equality issues and to improve women’s status and enable their advancement in all areas of life.

In KETHI, information and counselling services are provided on the following issues:

• Employment and entrepreneurship either for employed or women wishing to

integrate into the labour market.

• Social Integration for women who are victims of abuse, marginalisation and social

exclusion.

• Legal Counselling: information and counselling regarding issues on social

integration or reintegration, career orientation, employment, legislation. Moreover,

they are given the opportunity to enter the program of Legal Aid in collaboration

with Lawyer’s Associations, provided that these women are in no financial position

to resort to courts.

Other services that provide support or/and shelter to abused women are:

• Athens Municipality, Equality Bureau.

• Family Support Centre (KESO) of the Athens Archbishopric

• Centre for Victims of Maltreatment and Social Exclusion (Ioannina)

• Rehabilitation Centre for Victims of Torture and other forms of Abuse

(Salonica)

• Centre of Research and Support of Victims of Abuse, Fragile Social Groups and

Protection of Single-parent Families (Preveza)

• National Centre for Immediate Social Aid (197)

Moreover, the General Secretariat for Equality provides counselling via a 24-hour line (210 3220900). Also, an SOS line by the European Women’s Network (800 11 88881) is in operation aiming at providing advisory services.

Legislative framework

Greek legislation regulates and faces directly the violence against women with provisions of the Penal Code, and indirectly through the provisions of Family Law and the Civil Code. The provisions refer generally to crimes against life and integrity of the individual (308), crimes against personal freedom (322) and in connection with marriage and family (354), crimes against the honour and personality of the individual (361), the insult (368), as well as crimes against the sexual freedom.

According to the present Greek legislation, violence within the family, in all forms, is considered as an offence. The husband – perpetrator of the above criminal conduct – also bears civil responsibility against his spouse – victim and is obliged to give, according to the provisions that concern offence of the personality (57, 59, 932), pecuniary compensation due to moral damage. Moreover, the exercise of violence gives the right to the spouse – victim to proceed to the dissolution of marriage and to claim, if the necessary conditions exist (poverty, weakness in finding a job, health problems, etc), alimony from the perpetrator – spouse. The spouse has the right to seek the publication of the divorce on the grounds of irreparable damage of marriage and to demand pecuniary compensation, along with the publication of the divorce due to moral damage.

For reasons involving the exercise of violence, there are preconditions for the taking of insurance measures that lead to the temporary regulation of marriage, such as: the removal of the perpetrator – spouse from the residence and the temporary regulation of the custody and the support of children or, provided that the foresaid preconditions exist, of the spouse – victim, as well.

Moreover, according to law 2910 voted in 2001, there is a greater access in justice, social and health services as far as foreign women – victims of violence are concerned.

Strong and weak points of the legislative framework

Both the Civil Law and the Penal Code regulate the phenomenon of violence. Nevertheless, the absence of a specific law, as well as the absence in the provisions of the term and definition of “domestic violence”, makes the legal confrontation of phenomenon difficult.

In a procedural level, the processes are slow, expensive and soul-destroying for women – victims of violence and as a result, they are discouraged from asking for help. However, it is considered that with the new institution of “Legal Aid”, the problems that arise – at least as far as the financial part of the process is concerned- will be eliminated.

In regard to the present legislation, the intervention of the juridical and police authorities and that of the Public Prosecutor is effective. Following the example of the institution of “Citizen’s Advocate” and “Children’s Advocate” and of the Public Prosecutor of Minors, a relevant institution could be in effect for women – victims of domestic violence.

The role of judicial authorities

In regard to the penal part of domestic violence, judicial authorities take over these incidents after accusation and charge. Moreover, they can see to an incident after an application of insurance measures (for example, the changing of residence of the spouse, custody of children, alimony, communication, etc) or after an action for annulment of marriage on the spouse’s part.

After the exercise of any form of violence against women, the latter can address to the Police or to the Public Prosecutor’s office, or to the competent courts. Alternatively, and/or simultaneously, women may address to the Forensic Services, Counselling Centres for Abused Women, hospitals, or even seek for psychological support and/or counselling to Centres of Mental Health.

Moreover, there is collaboration between social services and judicial authorities, since relegations are realised from social services to police and from judicial authorities to the Public Prosecutor’s office and vice-versa.

Characteristics of women – victims of domestic violence

In order to present in full the characteristics of women – victims of domestic violence in Greece, we cite two statistical studies carried out by the General Secretariat for Equality and the Greek Research Centre for Gender Equality.

Research of the General Secretariat for Equality

The first statistical data were collected from interviews of women – victims of domestic violence when they addressed to the Counselling Centres of the General Secretariat for Equality during the last two years (2002 – 2003). During this period, 1.062 women visited these Counselling Centres, whereas 2.452 called via telephone for help.

From the total population, 16% of women were foreigners. The countries of origin of the victims of domestic violence, indicates that almost 1/3 of the foreign women come from Balkan Countries, the majority of which, were Albanians (22%).

In regard to the educational level, the higher percentage of women – victims of domestic violence have a Secondary education degree (41%), while most perpetrators have Compulsory education degree (43%). It is noteworthy that 18% of women – victims were under drugs, whereas the equivalent percentage for the perpetrators was over double (37%).

The majority of women – victims of violence that addressed to the Counselling Centres were between 31-40 years old (34% – 219/643) and between 41-50 years old (31% – 198/643), while the lower percentage as far as age is concerned, involved women under 20 (2% – 12/643) or older than 71 (1% – 7/643). Accordingly, the perpetrators’ age percentage was the following: 27% of them were from 31 to 40 years old (161/587), 33% were from 41 to 50 (191/587) and 22% were from 51 to 60 years old (127/587). In the 587 incidents that were examined, only 3 perpetrators were under 20 (1%) and 16 of them were older than 71 (3%).

In a total of 665 women – victims of domestic violence that visited the Counselling Centres, 68% were married, 14% separated, 11% were single, 6% were divorced and 1% were widows. In regard to the labour status of the women that had suffered abuse, it is noteworthy that 53% of them were unemployed. The relevant percentage of employed perpetrators was 79%, whereas only 21% were unemployed. As far as the economical status of women-victims is concerned, in a total of 578 incidents, 41% declared that they had financial difficulties, 40% were of modest means and only 19% of them declared to be in a quite satisfactory financial status.

In a sample of 471 women – victims of domestic violence, in 286 cases (61%) the abuse started after they got married, in 154 cases (33%) had already started before getting married, while in 31 women the abuse started during their first pregnancy. From the total of 592 women that visited the Counselling Centres, 398 were staying with the perpetrator (67, 23%), whereas 194 (33%) were separated.

In regard to the relation between the victim and the perpetrator, the vast majority of perpetrators were husbands of the victims (82%), 11% were partners, while only 3% were their father.

In a sample of 586 women – victims of domestic violence, 13,5% experienced psychological abuse, 18% a combination of psychological, physical and sexual abuse, while the greater part of women (68,5%) experienced psychological and physical abuse. As far as the perpetrators are concerned, 64% of them had not suffered abuse in the past, whereas 36% of them had been abused.

From the total sample of incidents that they were reported, it is observed that a high percentage of women (76%) had asked for help in the past from a service or institution, while only 24% had not addressed to any of these places. In regard to the demands of women that addressed to the Counselling Centres of the General Secretariat for Equality, 38% asked for psychological and social support, 20% for legal advice, 34% for a combination of the above, while 8% asked for hospitality in a Shelter for battered women. In conclusion, it was observed that 74% of the children of women-victims had not suffered abuse directly.

KETHI Research

An epidemiological research on the subject of domestic violence was carried out during the time interval of October 2002 – April 2003 by KETHI. The objective of the research was the recording of domestic violence incidents in the Greek society with the woman being the victim and the spouse/partner being the perpetrator.

The choice of the sample of the research derived from the method of simple multistage random sampling. The sample comprised of 1.200 women, from the age of 18 until that of 60 years old, residents of urban, semi – urban and rural regions, located in Greece. The collection of data was achieved with the method of structured interviews by completion of a questionnaire that included fifty three (53) questions. The interviews were realised by experienced interviewers with previous experience in conducting social researches.

Within the frames of research, the following have been recorded: incidents of verbal, psychological, physical and sexual abuse with women being victims and the spouses/ partners the perpetrators. The history of previous violence during childhood and/or in previous relations during adulthood, the indirect knowledge of incidents concerning domestic violence with female victims from the close related and friendly environment of the women that comprised the sample, as well as the attitude of those women who had suffered domestic violence.

According to the results of the research, 56% of those interviewed experienced verbal and/or psychological violence, 3,6% suffered physical abuse and 3,5% was forced into sexual contact. Moreover, 23,6% of women declare that they know at least another woman from their related and/or friendly environment that has suffered or is suffering from incidents of domestic violence from her spouse/partner. Finally, only 8,8% characterise their spouse/partners as violent.

Proposals for the confrontation of the phenomenon of domestic violence against women in Greece

The formulation of proposals regarding the subject of domestic violence with women-victims presupposes, first of all, the existence of planning of specific policies and actions both in national and European level. Moreover, it is imperative to adopt a collaboration framework between governmental and non- governmental organisations.

As far as the rendering of services is concerned, it is necessary to:

• develop a network of services not just for the medical and legal issues that arise, but also for the more complete coverage of the needs of women and their children,

• develop specialised services in order to provide the necessary renderings based on specific needs

• achieve collaboration between the services involved and

• make use of the fact that many services complete one another.

More specifically, it is suggested to:

• Develop programs of awareness and briefing of the public and the professionals involved, in order to identify domestic violence and its forms. The identification of violence must also consider the approach of imposition of power and control that it is likely to be practised on a woman.

• Record systematically incidents of abuse via a unified system including Police Force, hospitals and Social Services – places that women usually turn to for help – and continuous register of criminal actions against women within the family and judicial decisions that are imposed. The operation of this system presupposes the training of specialised professionals who will register data and observe with consistency all the work done. This kind of action will contribute to the better study of the extent of the phenomenon and to the planning of proper policies.

• Aware “intermediary” persons, which the abused women contact (for example, police officers, judicial officers, doctors, etc), aiming at their support in order to denounce the abuse and claim their rights.

• Make protocol use from the competent authorities and services in order to detect behaviours that women themselves consider violent, so that there is, as much as possible, analytical description of domestic violence and reveal the number of abused women.

• Create Support Centres (hostels and counselling centres) – for the crisis period as well as for the rehabilitation period – at non-urban areas, so as to cover the needs of specific geographic regions. The above services must have the ability, through specialised personnel, to help women in their effort to escape violence for as long as it is considered necessary.

• Achieve a close collaboration between the Counselling Centres and the Police Departments, in order to inform policemen on the issue of domestic violence and provide the proper briefing on women for their rights and also, to protect the victims in cases where there is great danger for their lives.

• Establish of minimum revenue for women who do not have other income, as a way of rehabilitation in regular life.

• Create services for the children of abused women not only as far as accommodation but also, as far as the covering of their needs, care and support are concerned.

• Offer counselling services to men that abuse their spouses/partners. The use of these services will be made on their own initiative or upon a judicial decision.

• Evaluate and re-evaluate (follow-up) of the services provided to women – victims of domestic violence, allowing the planning of new and more effective intervention programs.

• Legislate counselling programs for the general pubic concerning the relationship of a couple and the relationship with children.

• Use of media in order to form public opinion regarding domestic violence and reduction of social stereotypes that concern the status of women in the Greek society.

• Introduce lessons in all academic departments and particular in Law School, dealing with the aspect of sex through a modern and realistic approach. In this framework, events dealing with domestic violence can be realised in educational institutions, aiming at sensitising and informing students of various departments such as social work, psychology, nursing, medicine, etc.

From Codini Gabriele, Guarnieri Roberto, Bossolasco Rosanna, Galli Susanna, Pavan Simonetta, Bonora Susanna, Antarelli Daniela, Donisetti Laura, Signorino Laura, Adorni Fulvio. “ELDERLY PEOPLE, WOMEN AND CHILDREN VICTIMS OF CRIME, COMPARISON AND EXCHANGE OF EUROPEAN EXPERIENCES”, Provincia di Milano , Laboratorio Salute Sociale, Network Europeo sulle vittime del crimine 2004

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