Domestic and intimate partner violence

Dinzel and Christine Karch were married with three children.  Christine sought and was granted a protection from abuse (“PFA”) order for an incident in March wherein Dinzel placed his hands around her neck and threatened to “snap” it.  Then in May, during an argument about getting divorced and child custody, Dinzel put his hands on his wife’s forehead, made a motion as if he was firing a gun, and said “there is your future.”  This action made Christine’s head sore as if she had a brush burn.  Dinzel argued that the court should not have credited Christine’s testimony abo

The deceased victim D.K. met her partner A.J. in secondary school, formed a union with him, and gave birth to a daughter.  D.K. subsequently filed a claim to dissolve the union and for child custody at the Municipal Court because of a deterioration in her relationship with A.J. She also took their daughter to live with her parents.  Following continuous threats by A.J., D.K. submitted a request to the Municipal Court for an emergency protection order under the Law on Protection from Domestic Violence.

The Te Rau N Te Mwenga Act 2014, also referred to as the Domestic Violence Act, establishes Kiribati’s first comprehensive legal framework for the prevention and elimination of domestic violence. Section 4 defines domestic violence broadly to include physical, sexual, psychological, and verbal abuse, and recognizes harm to both direct victims and children who witness violence. Victims may apply for protection orders; emergency (30 days), temporary (90 days), or final (indefinite), with applications permitted orally or in writing, including on behalf of others.

The petitioner requests a divorce from the respondent and money to care for the parties’ daughter, for whom the petitioner is the sole caregiver.

In Kishangiri Mangalgiri Goswami v. State of Gujarat, a man convicted in part under Section 306 of the Indian Penal Code appealed his conviction for abetting his wife’s suicide. Evidence showed a history of dowry-related abuse, including his demand for an additional 40,000 rupees from his wife and her family before she died by self-immolation.

In Kiss v R [2021] NSWCCA 158, the New South Wales Court of Criminal Appeal considered an appeal against a sentence by the applicant, who had been convicted of three counts of sexual intercourse without consent and one count of intentionally choking or strangling the complainant. At the time of the offences, the applicant and the complainant were in a relationship. On appeal, the applicant argued that the offences were objectively less serious because they occurred in the context of an ongoing consensual relationship.

The issue was whether plaintiff was entitled to compensation for anguish in connection with intimate partner violence. A (male) had assaulted E (female) in E's home and on the staircase in a way that caused brain injury and severe traumatic stress. The District Court and the Court of Appeal sentenced A for an aggravated assault and ordered A to pay damages for pain and suffering for 20,000 Finnish marks. The Courts rejected demands for compensation on anguish. The question before the Supreme Court was about the amount of damages and if E was entitled to damages arising from anguish.

The appellant was accused of assaulting two partners over an extended period of time. He was charged with sexual assault, and assault of complainant (K); and contraventions of s.39(1) of the Criminal Justice and Licensing (Scotland) Act 2010, assault, rape, and attempted murder of a second complainant (J).

Pursuant to Article 143, one who commits rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity, knowing such offense is part of a widespread or systematic attack directed against any civilian population, shall be punished by imprisonment of at least 15 years for committing crimes against humanity.  Article 145 states that one who commits rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence also constituting a grave violation