By Lila Bernard*
17th of July 2024
On the 20th of March 2024, an HDFF Team attended the Conference on Combating Domestic Violence in Thailand and France, held as part of the First France-Thailand Week of Law and Justice titled “The Law Serving Equality and Diversity”.
This conference saw the interventions of Thai and French law specialists ranging from lawyers, judges, and prosecutors to police officers and colonels.
Domestic violence ranges from physical, psychological, and financial violence and is used to control one’s partner. It leads to serious deteriorations in the victim’s mental state and physical health, social isolation, a lack of trust in their partner, and too often; in a feminicide; the killing of a woman or a girl because of their gender. [1]
The conference highlighted the efforts of both countries in combatting the phenomenon. French experts focused on the research and policies undertaken since the Grenelle on Domestic violence of 2019. Thai experts focused on the current work of competent authorities and the upcoming National Action Plan. The Thai government made it a priority to tackle social issues related to families, specifically domestic violence and same-sex marriage. Since April of this year, it has been actively working on a National Plan on Domestic Violence, and the Senate officially voted to recognize same-sex marriage on the 18th of June.
Current State of the Law:
In France, recent efforts to combat domestic violence started in 2010 with a law on protection orders. The government’s efforts were expedited with the 2019 Grenelle which helped establish multiple laws such as the “distance-keeping bracelets” designed to send an alarm to the former victim, the perpetrator, and law enforcement when the perpetrator is within a certain distance of the victim. The geolocated “Big-Danger Phones” can also be requested by victims, allowing them to contact police forces quickly and request rapid intervention. Protection orders’ processing time was also reduced to five days.
In 2020, a law was adopted allowing doctors to break medical confidentiality in case of impending danger for their patients. Finally, in 2023 a law was passed to financially help domestic violence victims, in the form of a no-interest loan or non-refundable monetary aid.
Ultimately, French penal law sanctions domestic violence perpetrators depending on whether the violence is recurring, in which case it is considered as an aggravating factor, and the impact of the violence on the victim’s ability to work (below or over 8 days of “total inability to work”). It also recognizes psychological violence as a separate offense. Imprisonment terms and fines range from 3 to 10 years depending on the aggravating factors, and fines can go up to 75,000 euros. [2]
In Thailand, the 2007 Victims of Domestic Violence Protection Act and the Penal Code are used when dealing with domestic violence.
The 2007 act considers any act, whether psychological or physical, to be an act of violence if the health of the victim is endangered. The act should be done intentionally and the criminal penalty goes up to 6 months. Since the penalty is not long, mediation and negotiations are favored to achieve harmony in the family. The victim can ask the authorities to help find a solution, such as financial help.
Police officers can also investigate the family, accompany the victim to the hospital, and file a complaint on their behalf. Temporary measures to minimize the suffering of the victims can also be introduced by public authorities. The judge should answer in under 48 hours, although this time frame can be prolonged.
The essential role of research in the evolution of the legal framework :
Several French experts highlighted the extensive research work of their court and the jurisprudence implemented in the last couple of years. Their work takes into consideration new psychological concepts that better understand the complexities of domestic violence, its causes and consequences, and helps in the creation of new protection measures and more accurate judgments.
The concepts described below mention heterosexual couples. This does not exclude the fact that domestic violence takes place in same-sex relationships.
The concept of the cycle of violence was first introduced. Understanding this cycle of violence and which stage the victim finds herself in, helps law enforcement and legal authorities to help the victim accordingly.
It can be described as such: the man -in France, 87% of the perpetrators are men [3] and in Thailand, a report indicates that 60 to 70% of cases of domestic violence involved a man abusing his female partner [4] – first displays a particularly charming behavior and his desire for a perfect family.
After some time, he starts putting down his partner by criticizing her motherly capacities and how she cares for the household. Those actions are accompanied by deliberate efforts to isolate his partner from her friends and family, making her rely on him heavily, emotionally, and/or financially. The victim will try to conform to the demands.
Lastly, psychological and/or physical violence will begin. As the victim is isolated she will often struggle to recognize her situation.
Even when she goes ahead and reports the violence to the police; she will often remove her complaint or go back to the household once her partner apologizes and promises to stop the violence.
The cycle of violence then starts again. In some cases when the partner does go to prison, the victim will come and visit them; highlighting the loss of rational thinking embedded in the controlling relationship.
Other concepts were introduced by the speaker such as emotional exhaustion which describes the feelings of insecurity, and questioning of one’s identity that push the victim to believe she is a “bad victim” and can lead to suicide. Coercive control is described as small, everyday regulations put in place by the perpetrator to control the victim’s daily life and actions such as her access to money, the way she dresses, and her professional life. This behavior often extends to children and was recognized by a French court for the first time this year.
As a result of the violence and trauma they have faced, a lot of women suffer from dissociative memory thus it can take them years to remember acts of violence they have been subjected to. In this instance, a new reflection on forgetfulness could influence new legal frameworks related to the time limitations of reports. Finally, forced suicide is now recognized in French courts. It describes the suicides of women forced to commit such acts due to the relentless violence and not being able to escape from it.
Thai experts highlighted the Battered Women Syndrome through the example of a woman who after being abused by her alcoholic husband for a long time ended up killing him out of fear for her life. She got imprisoned. Battered Women Syndrome, is a sub-category of PTSD (post-traumatic stress disorder) and a concept sometimes used in legal cases to explain the mental state of an abused woman who ends up killing her partner. Furthermore, as well as the same steps of abuse described in the cycle of violence and the psychological and physical consequences of the abuse, the woman suffers from other ailments before committing the act such as a high level of anxiety, emotional numbing, intrusive memories of the abuse, and disrupted interpersonal relationships. [5] Ultimately, the victim becomes a perpetrator and receives a double punishment.
Different realities highlight different conceptions of the laws
Both cultural aspects and social nets need to be considered when discussing the difference in the treatment of the issue in both countries.
Thai experts continuously highlighted the consideration for the family unit in the conception of related laws. They presented its importance when clarifying why negotiation was used and preferred in cases involving domestic violence. In contrast, this practice is outlawed in France as soon as violence is demonstrated.
Remarks by attendees highlighted the fact that women in Thailand do not have as many options and aid to separate from the family home compared to women in France. The Thai police representative explained that despite the efforts of his services and the legal authorities, it is currently unrealistic to expect the separation of households for most people in the country, as most women do not have the economic means to support themselves and their families without their partners.
Protecting the victim is understood differently in both countries: in Thailand, it means protecting the victim’s livelihood while trying to foster behavioral change in the perpetrator whereas France’s social net allows for more measures to be taken to separate the family unit.
France’s efforts have been long coming but despite the extensive work done by French authorities and police, much remains to be done in terms of awareness and victims overcoming their mistrust in the police. For example, only 1 out of 4 victims of domestic violence report it to the police. [6] For this reason, the representative of the French police emphasized the rights of the victims and the helping channels available such as online sites and phone numbers.
LGBTQ Individuals and gender-related questioning
Taking into account all people regardless of their gender and sexual orientation is essential in both the writing and implementation of the laws and penalties as well as in the access to services.
In Thailand, where LGBTQ individuals have yet to gain the same rights as heterosexual people, questions from the audience arose on several issues ranging from the treatment of LGBTQ people by the police and the lack of recognition of rape for transgender people because of its current definition in the law. Experts therefore underlined a new amendment of the Penal Code on sexual assaults that will cut out the binary framework and include all individuals.
An LGBTQ organization in France argues that the prevalence of domestic violence within same-sex couples is similar to the one found in heterosexual couples. Yet, individuals may feel even more fear in reporting the violence as unique threats are prevailing. Namely, the threat of outing one’s partner or transmitting HIV to them (here in a relationship involving two men). An Article by the Journal of Public Health and Development Published in May 2024 highlights similar patterns in Thailand. For men who have sex with other men, the article supports the statement that they experience violence at a similar rate to people in heterosexual relationships. Additionally, because they often hide their relationships the violence they face is kept secret. Other factors come into account when explaining why some individuals are more at risk of receiving violence such as the community in which they live, alcohol and substance use, and the experience of homophobic discrimination.
The prevalence of domestic violence within same-sex couples has been demonstrated and affects the victims in the same way, irrespective of their gender and sexual orientation. More recognition and measures to protect the victims with no fear of discrimination remain essential but were however not mentioned by the experts. Perhaps, the upcoming recognition of same-sex marriage in Thailand could garner new policies and dialogues to further protect all victims of domestic violence.
* Lila Bernard is a research fellow at HDFF.
[1] European Institute for Gender Equality “Feminicide Definition” European Institute for Gender Equality, 2016 https://eige.europa.eu/publications-resources/thesaurus/terms/1192?language_content_entity=en
[2] Nathalie Boyer Haouzi “Quelles sont les peines encourues en cas de violences conjuguales?”, lapaixavocat.fr https://www.lapaixavocat.fr/details-quelles+sont+les+peines+encourues+en+cas+de+violences+conjugales-207.html
[3] Vie Publique “Violences conjugales: plus de 244 000 victimes en 2022, soit une hausse de 15%”, vie-publique.fr 16/11/2023 https://www.vie-publique.fr/en-bref/291834-violences-conjugales-en-2022-86-de-femmes-victimes
[4] Tammy Tameryn Somhar “Thailand ranks among top 10 countries for violence against women and girls” nationthailand.com 05/10/2023 https://www.nationthailand.com/thailand/general/40031638
[5] Amanda Kippert “What is Battered Woman Syndrome?” domesticshelters.org 01/03/2021 https://www.domesticshelters.org/articles/legal/what-is-battered-woman-syndrome
[6] Vie Publique “Violences conjuguales: plus de 244 000 victimes en 2022, soit une hausse de 15%” viepublique.fr 16/11/2023 https://www.vie-publique.fr/en-bref/291834-violences-conjugales-en-2022-86-de-femmes-victimes
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