Non-compliance with the emergency protective measure and consent of the victim

Abstract

The article addresses the issue of non-compliance with urgent protective measures and the victim's consent in the context of domestic and family violence against women. There are situations in which the victim, with his behavior, contributes to non-compliance with the urgent protective measure. This occurs for several reasons, all linked to special circumstances that characterize gender-based violence. They cannot be confused with those in which the victim was threatened or coerced. The topic is quite controversial, with dissonant positions on it. For one current, consent would nullify the criminal responsibility of the perpetrator of violence; for another, it would not generate any impact. The issue will be analyzed in light of the special characteristics of domestic and family violence, highlighting the complex situations that make it difficult for the victim to make decisions. Among the various specificities listed in the article, four of them were analyzed: a) close relationship between perpetrator of aggression and victim; b) cycle/spiral of violence; c) myth of romantic love and d) non-existent, weak or inoperative victim support network. After analyzing the different currents regarding the legal consequences arising from the victim's participation in non-compliance with the urgent protective measure, the author's position on the topic is presented.