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DOMESTIC VIOLENCE | ETHNIC ASPECT | AFRICAN CULTURE | SKIN COLOUR | BATTERED WOMEN

 

Lisbon Court of Appeal, proc. 735/14.0PLSNT-3, 07.10.2015

 

JURISDICTION: Criminal

SUBJECT: Domestic violence

RAPPORTEUR: Conceição Gonçalves

RULING: Dismisses the defendant’s appeal, upholding the contested decision, which had found the defendant guilty of a crime of domestic violence and sentenced him to three years and six months’ imprisonment, besides prohibiting him from contacting the victim for a period of two years, as additional penalty.

DOMESTIC LAW:

Criminal Code [Articles 40, 50(1), 152, 152-A, 152-B]

1982 Criminal Code [Article 153(3)]

Law No. 65/98, of 2 September 1998

Law No. 7/2000, of 27 May 2000

Law No. 59/2007, of 4 September 2007

Law No. 19/2013, of 21 February 2013

Code of Criminal Procedure [Articles 127, 364(2), 374(2), 410(2), 412, 416, 417, 428(1)]

Supreme Court of Justice, judgment 7/95, 19.10.1995

National Action Plan Against Domestic Violence

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Domestic violence; good person; fear for life and for bodily integrity; occasional aggression; unemployment; drug trafficking; circumstances that would never lead to charges against a white person; problems with the police like any black person; rules of common experience and of reasonableness; ethnic aspect; African culture; physical and mental health of battered persons; human dignity; lack of self-criticism; regret; internalization of the crime’s seriousness; self-excusing attitude; violent personality; criminal path; domestic violence as a social problem; cyclical behaviour; affective attachment; forced intercourse; monster; jealousy; mutual insults; Spain; Italy; Greece; rascal; lazy; moments of crisis in a relationship; break-up families; USA; standard of assessment; made an example; media outlets; baptism; recordings of the oral testimony; community expectations; romantic relationship; embarrassment; humiliation; drunk; lover; “whore”; “cow”; “bitch”; honour and respect; family of humble social and economic status; belief in a possible reconciliation; welfare of the children; apology; in the eyes of others; incommensurable severity and cruelty of the behaviour; free assessment of the evidence; battered women; egalitarian conjugal reality; space of intimacy; degradation as a person; abuse in front of the children; tragic outcomes; social panic; public unrest; defendant’s criminal past; privacy and silence of the home; smear

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

FRIEDRICH, Nicole, Diferença Cultural Sub Judice: Minorias Étnicas na Jurisprudência dos Tribunais Superiores Portugueses [Cultural Difference in Court: Ethnic Minorities in the Case Law of Portuguese Higher Courts], Braga, University of Minho, 2022, available at https://repositorium.sdum.uminho.pt/?locale=en.

 

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Posted inSKIN COLOUR AFRICAN CULTURE BATTERED WOMEN ETHNIC ASPECT DOMESTIC VIOLENCE
Tags“Bitch” “Whore” “Cow” Family of Humble Social and Economic Status Occasional Aggression Social Panic Drunk Lover In the Eyes of Others Regret Self-Excusing Attitude Lack of Self-Criticism Baptism Welfare of the Children Good Person Lazy Circumstances That Would Never Lead to Charges Against a White Person Jealousy Cyclical Behaviour Belief in a Possible Reconciliation Africa Culture Degradation as a Person Unemployment Tragic Outcomes Human Dignity Smear Space of Intimacy Spain Break-Up Families USA Community Expectations Recordings of the Oral Testimony Incommensurable Severity and Cruelty of the Behaviour Greece Honour and Respect Humiliation Internalization of the Crime's Seriousness Public Unrest Italy Made an Example Rascal Abuse in Front of the Children Moments of Crisis in a Relationship Monster Battered Women Mutual Insults Media Outlets Standard of Assessment Defendant's Criminal Past Apology Criminal Path Violent Personality Free Assessment of the Evidence Problems With The Police Like Any Black Person Egalitarian Conjugal Reality Privacy and Silence of the Home Fear For Life and For Bodily Integrity Rules of Common Experience And Of Reasonableness Romantic Relationship Forced Intercourse Physical and Mental Health of Battered Persons Drug Trafficking Ethnic Aspect Embarrassment Affective Attachment Domestic Violence Domestic Violence as a Social Problem