DV被害者支援につながる加害者への動きかけをどう行うか

松村歌子 ( Matsumura Utako ) 아세아여성법학회 2017 아세아여성법학 Vol.20 No.-

The central part of Japanese DV Policy is to ensure the safety of victim and independence support. The premise of the policy is that a victim gets away from the barterers. Article 25 of DV Prevention Act provides that the government make effort to do investigations and studies about the rehabilitation for batterers, but the government haven’t taken measures in detail how to deal with the batterers. Then, also in DV cases, should the barterers be punished strictly just in the same way with a usual crime of violence or should the batterers be punished more severe and put him in prison? Thereby, don’t the batterers use violence any more after release from prison? There would be no such things. When not doing an approach in detail to the batterers, violence and dominant behavioural pattern of batterers would be continue. If anything, it may get worse by a case. In other words, there have no efforts only by judicial measure. In this article, I will introduce about the batterers program in Canada and I will consider that how change the correspondence of police in DV and stalker case, and the movement about the rehabilitation for batterers in Japan, and how people think about batterers program.

「住まい」の視点からみたDV保護命令と被害者支援

松村歌子 ( Matsumura Utako ) 아세아여성법학회 2018 아세아여성법학 Vol.21 No.-

The central part of DV Policy in Japan is to ensure the safety of victim and independence support. DV Prevention Act have only normal protection orders that are Order to Vacate (2 months) and Order Prohibiting Approach (6 months), Order Prohibiting Phone Calls or Other Behaviour (6 months). That is, PO in Japan are just only Order to Vacate and No Contact Order. It might be safe during the PO is issued, but it is difficult to approve by the court to reissued the PO because it needs sufficient evidence to prove that a grave risk of serious harm to the life or body of victim resulting from renewed bodily harm still exists. However, why the victim has to escape from their house? “Housing” is the most important thing for the victim to live her/his own way and recover from the damage and live independently. The victim should have the choice to escape from house or not. If the Order to Vacate is issued and the victim select to stay house, it is necessary to make the rule that the police must arrest the perpetrator when he/she use violence again to the petitioner. It is necessary to provide the support which meets victim’s needs and to ensure the safety of victim and to respect the victim’s self-decision. In this article, I consider about statistics that the number of consultation cases to DV Center and Police, and the number of temporary protections by Woman Consultation Office. And then, I consider that what is the meaning of “live in the house”, and consider about Protection Order and victim support from the perspective of “housing”.

DV被害者支援の実質化に向けた一考察

松村歌子 ( Matsumura Utako ) 아세아여성법학회 2019 아세아여성법학 Vol.22 No.-

DV Prevention Act in Japan is the law on the prevention of spousal violence and the protection of the victims. So, the central part of DV Policy in Japan is to ensure the safety of the victims and independence support. Therefore, there is the problem that the correspondence of the batterers is insufficient and the period and contents, a sort of the protection order is insufficient. The Cabinet Office advocates the realization of a safe and reliable life in “important point policy 2019 for activity acceleration of the women” to strengthen an action to prevent the violence for the woman. The Cabinet Office raise the policy that (1) action promotion for victim support in private shelters, (2) cooperation with the child abuse correspondence, (3) construction of the comprehensive victim support system including the batterer program, (4) stabilization of the administration of the One Stop Center and improvement of the quality of support, (5) promotion of measures to exterminate the sexual harassment, (6) consultation support to young pregnant women, (7) action for the securing of implementation of the expense of bringing up children, and so on. It is important for the victim to escape from the violence safely and recover from the damage, and become independent economically and psychologically. And it is important for the victim to secure the base of the future life and a guarantee to prevent further violence from spouse. It is necessary to provide the sufficient support, after guarantee the physical safety of victims, to pay high regard to the victim’s self-determination, to provide the support that the victims want. It is necessary to change the policy of victim support, from “escape” to “not need to escape”. DV is occurred in the relationship of the couple. Put the top priority to secure the victim’s safety, before becoming the serious case, it is necessary to correspondence to the early stage and to change the policy to cut the chain of violence. If there is no correspondence to the batterer, it does not lead to the extermination and a solution to the problem of DV. It is necessary to support with social work for the batterer. The key person who carries a social work function cooperates with other occupation to support victims, and who check the risk assessment of the case and manage the whole case appropriately. It is desirable for the victims to have a choice to select the support. In this article, I consider about the problem of the DV policy in Japan, and what is the specialty of supporter in the flow of victim support, and what is the social work function that it is necessary to substantive the victim support.

DVの再加害を防止するためにニュージーランドの ファミリー·バイオレンス法を参考に

松村歌子 ( Matsumura¸ Utako ) 아세아여성법학회 2020 아세아여성법학 Vol.23 No.-

DV is a crime, and violence against women is nothing but a crime against society. However, although DV is a repeated violation of human rights, and it is characterized by the fact that the act escalates by repeating it. In Japan, social awareness of domestic violence is still swaying, and the expansion of the definition of the DV Prevention Act has also included violence that is not protected by protection orders. So, DV has not criminalized in Japan. The perpetrators of domestic violence should be punished by proper criminal procedures, as in the case of ordinary violent crimes, and the accumulation of such punishment cases has great implications for social enlightenment. DV Prevention Act in Japan is the law on the prevention of spousal violence and the protection of the victims. So, the central part of DV Policy in Japan is to ensure the safety of the victims and independence support. When a party is a family with an intimate relationship, it is not possible to simply separate the parties and end, and many perpetrators have a need to stop violence while staying with the victim. Even if the punishment is properly applied and the punishment is severe, violence and dominant behavioural patterns will continue without specific action on the perpetrators. If the perpetrators have a very strong attachment to the victim, it may lead to a serious incident. Moreover, even if the perpetrators are arrested again and imprisoned in a penal institution when a violent incident occurs, the situation does not improve. Even if the divorce succeeds in separating, it may create a new victim by remarriage another woman. Therefore, recidivism cannot be prevented only by taking appropriate measures of punishment. Targeting only the prevention of recidivism is not sufficient to support DV victims and prevent re-offending. Therefore, husband who battered wife can continue to live his social life without being responsible for violence and unaware of his violent and dominant behaviour patterns, even if his wife is temporarily protected at shelter. So, in this report, I will talk about re-offending not recidivism. Based on the DV measures in Japan, I would like to introduce the efforts for DV Act in New Zealand and the 2018 FV Law as suggestions from other countries.

일본에서의 Domestic Violence 피해의 현상과 Family Violence 개념 도입에 대한 검토

송촌가자 ( Utako Matsumura ) 아세아여성법학회 2015 아세아여성법학 Vol.18 No.-

The passage of the Domestic Violence Prevention Act of 2001 (‘DV Prevention Act’) carries significance for the fact that it stipulates that DV is not merely a dispute between spouses, but that the Japanese Government bears responsibility for developing DV policy. However, because support for victims based on the DV Prevention Act is limited to the activities of existing institutions and systems, the content of victim support varies widely between regions as this support turns largely on the interest towards the financial circumstances and measures taken by the local government. In Japan, legal frameworks for DV, stalker, child abuse, elder abuse, etc that facilitate intervention into problems that arise between family members and other close relationships have been developed, but these are all codified in separate legal documents. It will soon be 14 years since the DV Prevention Act was enacted, but does the general population have the understanding that domestic violence is being a crime? What shall we do support for victims from now?