The problem of domestic violence remains an urgent problem for all countries of the world, Ukraine is no exception. Unfortunately, the political and economic processes that take place in the 21st century in our state negatively affect the family and its derivative institutions. This includes an increase in the number of families who find themselves below the poverty line, regular fights and quarrels that create conflicts in the family, the spread of alcoholism, drug addiction and prostitution, a decrease in the role and influence of the state, and a change in social standards for itself Institute of the family. Among the main signs of domestic violence is the intentionality of committing and causing physical, psychological, economic harm and the like. In addition, there are reasons that prevent the victim of violence from leaving the offender, among which are: the lack of alternatives to another residence; property and financial dependence; desire to save a family; acquired helplessness syndrome; unwillingness to stop destructive marriage and more.
Domestic violence is the result of deliberate actions of the person who commits it and which is supported by aggression and the desire to do harm, and not by the desire to unleash the domestic conflict through reconciliation.
In 2017, the VerkhovnaRada of Ukraine adopted the new Law of Ukraine “On the Prevention and Counteraction of Domestic Violence” normatively enshrined the definition of domestic violence, according to which act (action or inaction) of physical, sexual, psychological or economic violence that occurs in the family or within the place of residence or between relatives, or between former or current spouses, or between other persons who together live (lived) the same family, but are not (were not) in the family wearing or married to each other, regardless of whether the person who committed domestic violence lives in the same place as the injured person, as well as the threat of such acts.
The article notes that the latest in the country’s legislation is sexual violence. Legislative innovations, in particular, reinforce an updated approach to crimes against sexual freedom and integrity: the concept of “voluntary consent” and the fact of “penetration” are introduced – the distinction between rape and other forms of sexual violence.
The law provides for consent to intimacy even from a man or wife. It is proved that violence, of course, under any conditions, is a crime. And therefore, the lack of a clear definition in the law causes incorrect qualifications and, accordingly, inappropriate responses of state bodies to criminal acts.