Georgia has not signed the Council of Europe ‘Convention on preventing and combating violence against women and domestic violence’.[35]
Domestic violence became a specific criminal offense in 2012, with the adoption of a package of amendments to the country’s Criminal Code.
[36] In addition, the issue is also addressed in the 2006 Law on the Elimination of Domestic Violence, Protection and Assistance of the Victims of Domestic Violence.
[37] This law was later substantially amended in 2009. These amendments included clauses to strengthen the referral system in cases of domestic violence, and to introduce criminal charges for violations of civil protection orders.
[38]
The definition of domestic violence in the law on the Elimination of Domestic Violence, Protection and Assistance of the Victims of Domestic Violence includes all forms of physical, physiological, economic, and sexual violence or coercion, and defines the crime as the systematic abuse, blackmail, or humiliation of one family member by another if such acts cause physical pain or suffering. The definition of ‘family member’ includes anyone living in the same household as the victim.
[39]
Penalties under the Criminal Code are 80 to 200 hours of community service, or up to a year’s deprivation of liberty if the violence was committed against a pregnant woman, a minor, or a disabled person, or in the presence of a minor, or against two or more people.
[40] Prison sentences of up to six years can also be imposed under general assault charges.
[41]
Under the Law on Elimination of Domestic Violence, Protection and Assistance of the Victims of Domestic Violence, courts can impose protection orders of up to one month on perpetrators of domestic violence.
[42], [43]
According to the official Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) report for 2012, the Law on Elimination of Domestic Violence, Protection and Assistance of the Victims of Domestic Violence includes a comprehensive mechanism to oversee its implementation, drawing in health services and social services in addition to police and judiciary. For instance, training on how to deal with domestic violence cases is now included as part of police basic training, and state-sponsored shelters and rehabilitation programmes for victims have been opened.
[44], [45] Amendments made in 2009 saw the establishment of a national referral system.
[46]
According to the Women Against Violence Europe (WAVE) network, in 2010, police registered 174 cases of male violence against women; it is unclear how many of these resulted in a conviction. 189 cases of family violence were registered, resulting in 145 convictions. In addition, 31 applications were made for protection orders, of which 22 were granted (data not disaggregated by gender).
[47]
After the criminalisation of domestic violence in 2012,
[48]criminal investigations were launched in 395 criminal cases (47 in 2012 and 348 in 2013), inter alia 236 prosecutions that resulted in 170 convictions.
[49] In addition in 2013, 57 protective orders (54 in 2012)
[50] and 241 restraining orders (294 in 2012)were issued.
[51]As a result, the number of total reported cases of domestic violence increased by 75% as compared to 2012
[52].
Research conducted by the United Nations Population Fund in 2010 found that on the whole, women experiencing domestic violence sought help from friends and relatives rather than from official institutions. The most common reasons cited for this were feelings of shame or embarrassment and that they would not be believed or would be blamed for the violence, fear of giving the family a bad name, and thinking that the violence was not serious enough to warrant seeking help. Out of 150 women questioned, just 2% had gone to the police to seek help following domestic violence.
[53]
Research on domestic violence by UNFPA found that many police officers had little understanding of domestic violence or of the legislation in place to protect women from it. For instance, some police officers typified examples given of incidents of domestic violence as men using ‘traditional’ methods to resolve conflict in the family.
[54] This is despite the fact that police now routinely receive training on how to deal with domestic violence cases.
[55]
The State Fund for the Protection and Assistance to the Victims of Human Trafficking (State Fund) is the main statutory institution providing assistance to the victims/survivors of domestic violence and human trafficking.
[56] The State Fund provides services for the victims/survivors of domestic violence such as shelters, psychological and medical assistance, legal aid; and since 2010, a nation-wide hotline, with support from UN Women (with funding from Sweden). These services are now operational – one hotline and two shelters (one in Tbilisi and one in Gori) are fully funded by the state budget. In the period of 2010-2013, 3,423 women and children were provided with hotline consultations, shelter services, emergency medical, psychological and legal aid services
[57].
The most severe form of violence, such as murder was revealed in 21 cases towards women in 2013, out of which 8 were committed by a husband and in one instance by a son.
[58]The independent expert group that is granting the status of domestic violence victim heard 30 cases in 2013, out of which 27 (25 women and 2 men) persons received the status of victim in 2013.
[59]
The study of the Perceptions and Attitudes towards Violence against Women and Domestic Violence conducted by UN Women reveals that violence is considered a violation of human rights and 51% of respondents believe that women are more oppressed than men. It is noteworthy, that 57% of respondents consider all instances of violence against women and domestic violence a crime. Physical abuse is considered the most severe form of violence according to 97% of respondents. It is followed by sexual violence (94%), restriction of relationships (91%), restrictions on mobility (89%), economic control (89%) and verbal abuse (83.5%). Comparison of the study findings with other studies carried out in previous years in the country clearly show an increase of intolerance towards violence against women and domestic violence, respondents increasingly perceive it as a criminal offence, rather than a family matter. For instance, according to the UNFPA/ACT National Research on Domestic Violence against Women in Georgia (2009), 78.3% of respondents believed that domestic violence is a family matter and 34.1% believed that violence in the family can be justified, while according to the present study, only 25% believe DV is a family matter, while 69% believe domestic violence is a crime and 17% believe it can be justified in certain cases
[60].
Rape is a criminal offence under article 137 of the Criminal Code.
[61]However, the definition only includes forced sexual intercourse between a man and a woman. Article 138 of the Criminal Code of Georgia further foresees “coercive acts of sexual nature” implying rape through homosexual intercourse or by using objects.
[62]For the time being, the Ministry of Justice in partnership with NGOs is working on a new broader definition rape
[63].
According the GEOSTAT there were 84 rape cases reported in 2009, 82 in 2010 and 78 in 2012. As for the data on convictions, there were 40 men convicted of the rape crime in 2009, 45 in 2010 and 26 in 2011.
[64]
The Georgian Criminal Code makes no specific reference to spousal rape. However, according to the 2012 official report to the CEDAW Committee, currently cases of spousal rape are treated in exactly the same way as other rape cases, and revisions to the Criminal Code to include spousal rape under the definition of domestic violence are being drafted.
[65]
Rape is punishable by between 3 and 20 years imprisonment, depending on the age of the victim, number of perpetrators, and severity of violence of the attack.
[66]
According to the US Department of State, police will only investigate in cases where the victim has made a complaint, and are often reluctant to proceed to prosecution.
[67]
Sexual violence remains a deeply taboo issue in Georgia, according to USAID, with many women extremely reluctant to talk experiences that they may have had.
[68] As such, fear of social stigma acts as a significant barrier to reporting.
[69]
Sexual harassment is not well developed in Georgian law.
[70]
The US Department of State human rights report notes that sexual harassment in the workplace is a widespread problem.
[71] A report by USAID reports that the issue has not garnered significant attention in Georgia, in comparison to other forms of violence against women.
[72]
One source points to high levels of sexual harassment experienced by women belonging to Georgia’s high population of people displaced by conflicts over the disputed territories of Abkhazia and South Ossetia.
[73]
The issue of sexual harassment at workplace at this stage is also covered by the
Law on Gender Equality:[74] “In employment relations, the following is inadmissible: a) Discrimination, persecution or coercion of a person that is aimed at creating a threatening, hostile, belittling, or insulting environment; b) Any undesirable verbal, nonverbal or physical action of sexual character that is aimed at or results in the creation of a threatening, hostile, belittling, or insulting environment.”
[75] This definition, however, remains as a stand-alone principle that is not yet included in the Labour Code or other legislation. However, sexual harassment can be considered under Article 332 of the Criminal Code of Georgia which determines the sanctions for abuse of official position “by a civil servant or a person of the equal status for the purpose of gaining benefits or other advantages for oneself or for others that caused substantial violation of the rights of a physical person, and of legitimate interests of the society or the state”
[76]and sanctions for such behaviour can be fine or imprisonment for a term of up to three years, and at the same time the right to hold office or pursue an activity is deprived for up to three years.
[77]
Taboos around discussing sexual violence mean collecting data on attitudes and prevalence is very difficult, according to USAID.
[78] According to UNIFEM
Rapid Needs Assessment of Internally Displaced Women as a Result of August 2008 Events,
[79] 6.3 per cent of respondents had information about sexual violence committed against women during the August 2008 military clashes. Out of this 6.3 per cent (70 respondents), 21 per cent said they had information about cases of rape, 33 per cent about group rape, 14 per cent about attempted rape and 32 per cent did not specify the kind of sexual abuse. Only 1 per cent, i.e. 10-11 respondents reported witnessing rape.”
[80]
There is no evidence to suggest that female genital mutilation is practised in Georgia.
More
Abduction of women and girls for forced marriage occurs in some rural regions of Georgia and among some ethnic groups (for instance, Azeris), but cases are rarely investigated by the police, even though bride abduction is illegal under Article 23 of the Criminal Code.
[81], [82], [83]
Abortion is available on demand in Georgia.
[84] Media reports in May 2013 indicated that lawmakers were set to debate a proposal to ban sex-selective abortion in Georgia, in response to a growing gender imbalance.
[85]
[35] Council of Europe Treaty Office (2013) [36] Criminal Code of the Republic of Georgia, Articles 11 and 126 [37] CEDAW (2006), p.2 [38] CEDAW (2012), p.17 [39] Library of Congress (2012) [40] Library of Congress (2012) [41] Council of Europe (2009), p.120 [42] Chitashvili, Marine et al. (2010), p.20 [43] WAVE (2011) [44] CEDAW (2012), p.17 [45] Chitashvili, Marine et al.(2010), p.20 [46] Amnesty International (2009) [47] WAVE (2011) [48] GEORGIA – Beijing +20 National Review of the Implementation of the Beijing Declaration and Platform for Action (2014) [49] Data provided by the Ministry of Justice upon request of the DV Council in January 2014 [50] Data provided by the Supreme Court of Georgia upon request of the DV Council in January 2014 [51] Ibid [52] GEORGIA – Beijing +20 National Review of the Implementation of the Beijing Declaration and Platform for Action (2014) [53] Chitashvili, Marine, et al. (2010) [54] Chitashvili, Marine, et al. (2010), p.65-66 [55] USAID (2010), p.4 [56] GEORGIA – Beijing +20 National Review of the Implementation of the Beijing Declaration and Platform for Action (2014) [57] GEORGIA – Beijing +20 National Review of the Implementation of the Beijing Declaration and Platform for Action (2014) [58] Ibid [59] Ibid [60] Ibid; Chitashvili, Marine, et al. (2010) [61] Council of Europe (2009) , p.117 [62] Criminal Code, Article 138 [63] GEORGIA – Beijing +20 National Review of the Implementation of the Beijing Declaration and Platform for Action (2014) [64] GEOSTAT, Criminal Justice Statistics, http://www.geostat.ge/index.php?action=page&p_id=602&lang=eng [65] CEDAW (2012), p.22 [66] Criminal Code, Article 137 [67] US Department of State (2013) [68] USAID (2010), p.31 [69] US Department of State (2013) [70] USAID (2010), p.19 [71] US Department of State (2013) [72] USAID (2010), p.29 [73] Meskhi, Marina, et al. (2008), p. 40 [74] Law on Gender Equality of Georgia, Article 6 [75] Law on Gender Equality of Georgia, Article 6 [76] Criminal Code of Georgia, Article 332; paragraph 1 [77] Criminal Code of Georgia, Article 332; paragraph 1 [78] USAID (2010) [79] Institute for Policy Studies with UNIFEM’s support carried out the Rapid Needs Assessment through September 5-29th 2008. In the framework of this assessment, 1144 IDPs (47% of men and 53% of women) were surveyed. Additionally, fifteen discussion groups with IDPs were conducted in the collective centres in Tbilisi, Kutaisi and Gori. Thirty in-depth interviews with the representatives of international organisations, government and local NGOs were carried out. [80]Institute for Policy Studies (2008), p.10 [81] Chitashvili, Marine, et al. (2010) [82] UN Women (2012) [83] CEDAW (2006), p.7 [84] United Nations Department of Economic and Social Affairs, Population Division (2013) [85] Kiguradze, Temur and Robert Coalson (2013)