China considers law against domestic violence

Source: Valerie Tan | Asia Pacific News

It is the world's fastest growing economy and its people are rapidly modernising. Yet, when it comes to marriage, some still observe archaic Chinese traditions.

Lu Xiaoquan, director of the research department at Beijing Zhongze Women's Legal Counselling & Service Centre, said:

"A husband abusing a wife is tolerated. It's not regarded as wrong or unacceptable, or unforgivable.

"Under this patriarchal view and the very traditional notion that you don't wash your dirty linen in public, victims won't seek legal aid on their own or find avenues for help."

25% of Chinese women said they had been abused

This may explain why many in China do not consider domestic abuse a crime. According to the results of a government survey released in October this year, out of the over 105,000 Chinese women surveyed, nearly 25 per cent of them said they have been beaten, verbally abused, deprived of freedom or raped by their husbands.

In Bejing, statistics show that out of 100 divorce cases filed in court, more than a quarter of them involves the husband abusing the wife.

One prominent case highlighted by the local media is 26-year-old Dong Shanshan, who died after her husband reportedly abducted and beat her repeatedly. Her husband has been sentenced to six-and-a-half years jail for torture.

Married for only 10 months, Shanshan had filed for divorce after she was abused, but could not break free from her husband as he had threatened to kill her family if she did. Police said it was a private family dispute and were powerless to help.

Lawyers said in most cases, even when police do take statements, they are vague and cannot be used in court as evidence. And the lack of proof has been the main reason why more than 90 per cent of domestic abuse cases are not granted divorces by the court.

Even though it is stated as a probable cause for divorce under China's Marriage Law, the country does not have separate legislation that clearly defines domestic violence.

Mr Lu said: "According to international society standards, domestic violence manifests in four ways. China only recognises one and that is behaviourial abuse which is essentially physical abuse. But globally, domestic violence also includes psychological abuse, sexual assault and financial control."

But that may change by the end of this year. China's top lawmakers are now deciding whether to pass a new, anti-domestic violence law, that could allow police to arrest abusers, and provide immediate help for victims like Shanshan. Even though it is too late now for the young woman, hopefully her tragedy will not be repeated.