Accused of psychological violence by an ex-companion, Julien Bayou announced Monday, September 26 that he was leaving his post as national secretary of EELV as well as the presidency of his group in the Assembly. What is considered psychological violence? We asked the question to Maître Khadija Azougach, lawyer at the Paris Bar, specialist in violence against women and general secretary of the association Lawyers for Woman.
What the law says ?
According to the penal code, “the fact of harassing his spouse, his partner bound by a civil pact of solidarity or his cohabitant by repeated remarks or behavior” which aim or cause “a deterioration in his living conditions resulting in an alteration of his physical or mental health” is liable three years’ imprisonment and a fine of €45,000, a penalty increased to 75,000 euros fine and 5 years imprisonment, if the facts have caused total incapacity for work for more than eight days. Occasional verbal abuse is not defined as emotional abuse “if it is not a recidivism”, says the lawyer. The facts must at least have occurred twice.
The notion of “psychological violence” in the marital context was only introduced into the penal code, in successive waves, from 2010, with the law aimed at protecting victims of psychological violence. “This law highlighted the need to integrate this concept into the civil and criminal code, but it came too late”, says the lawyer. However, in France, as early as the 19th century, case law defined “their way” what this violence is according to Master Khadija Azougach.
A judgment of February 19, 1892 by the criminal division of the Court of Cassation, for example, affirmed that violence which does not affect “materially the person” but provoke in her “a serious emotion” could be punishable by law. Concretely, the specialist in violence against women defines it as “repeated manifestations of jealousy, denigration, insults, isolation or economic violence”.
“We also note that the penalties are increased to ten years’ imprisonment when the harassment led the victim to attempt suicide or commit suicide” since July 30, 2020, she says.
How to prove the existence of psychological violence?
To prove the existence of psychological violence, medical certificates, testimonies of relatives, exchanges of messages or handbooks and complaints “if the victim had the strength to file” are used. But for the lawyer, the “Legislation is not very clear so we are frequently brought before the courts to explain how sending certain messages, for example, constitutes psychological violence. In what way it is not a value judgment on the behavior of Mr. but an offense”, she insists. “Often we are toldtorque that it is a marital conflict or reciprocal violence because Madame responded to these words”.
Are there many convictions for psychological violence?
In 2017, 17,559 people were sentenced for domestic violence, including 1,438 for psychological violence, again according to the observatory. “Emotional abuse is often seen as a sub-category” in the violence, according to master Khadija Azougach. However, sccording to the national observatory on violence against women, eight out of ten women who are victims of physical violence are also victims of psychological violence.
Because of this vague legislation, whether or not to qualify psychological violence remains up to “free discretion of the magistrates”, not always trained or sensitized on these issues according to master Khadija Azougach.“The most important magistrate, especially in this type of case, is the prosecutor. Dismissal is normally done after consulting the prosecutor. And when they are duty prosecutors, they are overwhelmed with requests. There is a lack of resources and training. So he’ll file things and it won’t happen in court.” the lawyer is sorry. She therefore pleads for the creation of a prosecutor’s office made up of prosecutors specializing in domestic violence.