Violence against women is rooted in social and cultural contexts, always beginning with what is considered acceptable or unacceptable in social relationships, which are dictated by specific social and especially cultural norms. The social environment plays a significant role in perpetuating or not perpetuating the violence experienced by survivors (women who have suffered some form of violence).

The main forms of violence are:

1. Physical Violence: Any kind of injuries and harm not caused by accidents.

2. Sexual Violence: Sexual acts without the victim's consent. This includes any non-consensual sexual act or attempt to commit such an act.

3. Psychological Violence: Through the evocation of feelings of rejection, isolation, exploitation, or devaluation.

4. Emotional Violence: Systematic manipulation of the victim's emotions.

5. Verbal Violence: Use of aggressive, insulting language towards the victim.

6. Social Violence: Isolation of the victim from their family and friends.

7. Economic Violence: Complete and dominant control of the victim's financial resources in a derogatory manner.

8. Trafficking: The trafficking and transportation of people for sexual exploitation.

9. Neglect/Deprivation: Mainly concerning children, it is the absence of any emotional support and the fulfillment of basic survival needs.

It is noteworthy that, based on the 2nd report of the Observatory for Violence Against Women in Crete, domestic violence continues to be a scourge in our society, as a total of 464 incidents of violence against women have been recorded for the period July–September in Crete alone. The sharp increase in the visibility of violence against women/girls in recent years in Greece demonstrates the lack of awareness of the phenomenon and its consequences. The need for a better and more effective response to incidents is becoming increasingly urgent, as many parameters, when not taken into account, can lead to more serious forms of violence. It is worth emphasizing the importance of observing all necessary protective measures (panic button) and the conduct by the Police, in collaboration with Women's Support Services, of risk assessments aimed at maximizing the protection and safety of the survivor.

In Greece, legislation addressing this form of violence has evolved significantly in recent years, according to the recent amendments of 2024, which provide for a stricter legal framework offering greater protection to victims, taking into account both the domestic needs of Greek society and the country's international commitments.

Law 3500/2006 constitutes the first comprehensive legal framework for domestic violence in Greece. Specifically, it introduced provisions that define violence within the family as an autonomous offense, providing penalties for a range of incidents, such as:

• Bodily Harm: Article 6 of the law provides for imprisonment for abuse causing bodily harm. The penalty is increased if the victim is pregnant, unable to resist, or in cases of repeated offenses.

• Unlawful Violence and Threats: Article 7 imposes penalties for psychological or verbal violence within the family.

• Sexual Abuse: Article 9 provides for severe penalties for sexual abuse within the family.

The law also includes protection measures for victims, such as the removal of the perpetrator from the family home and the obligation for the perpetrator to participate in reintegration programs.

Subsequently, another legislative step in combating domestic violence is Law 4531/2018, which incorporated into Greek law the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, known as the Istanbul Convention. This law strengthened the legal framework for protection by introducing new provisions and stricter penalties for various forms of violence.

The Istanbul Convention, ratified by Law 4531/2018, recognizes psychological and economic violence as autonomous forms of abuse. Regarding psychological violence, the legislation provides penalties for such acts, recognizing it as a serious offense. Subsequently, regarding economic violence, the legislation treats it as a form of abuse, with corresponding legal consequences.

Additionally, the law incorporated provisions relating to rape, stalking, and sexual violence, defining these offenses and their penalties:

• Rape: Defined as a non-consensual sexual act, with penalties including long-term imprisonment. The legislation emphasizes consent as a key element in defining the offense.

• Stalking: Constitutes an autonomous offense and carries penalties such as imprisonment of up to 1 year and/or a fine (stricter penalties apply if stalking is accompanied by violence or threats). Actions constituting the objective elements of the offense include:

➢ Repeated communication via telephone, messages, or social networks.

➢ Deliberate physical presence near the victim (e.g., at the workplace or residence).

➢ Actions that imply control or intrusiveness in the victim's life.

Protective measures for victims of stalking include:

➢ The possibility of issuing restraining orders, such as prohibiting approach or communication.

➢ Protection during judicial proceedings to avoid contact with the perpetrator.

• Sexual Violence: Includes any non-consensual sexual act or attempt to commit such an act, with penalties varying according to the severity of the offense.

It is worth mentioning that this law promotes the creation of support centers for women victims of violence, providing:

• Counseling Support: Psychological and social support for the empowerment of victims.

• Legal Counseling: Informing victims about their rights and the legal procedures that can be followed.

Furthermore, rights of protection during judicial proceedings are established, such as:

• Protection of Privacy: Ensuring the confidentiality of victims' personal data.

• Safe Procedures: Measures to avoid contact with the perpetrator during judicial proceedings.

• Issuance of Restraining Orders: Such as prohibiting approach or communication.

Finally, Law 5090/2024, published in Government Gazette A 30/24.2.2024, introduces significant amendments to the legal framework for preventing and combating domestic violence in Greece. These changes aim to strengthen the protection of victims and tighten penalties for perpetrators. Under this new law, the concept of domestic violence now includes the commission of criminal acts against persons receiving services from social care institutions when the perpetrator is an employee of these institutions.

Additionally, family members who have been subjected to the offenses of rape(Article 336 of the Penal Code) and abuse of a person incapable of resistance in a sexual act (Article 338 of the Penal Code) are now recognized as victims of domestic violence.

Importantly, women now have the option of not appearing in court once the case reaches trial, to avoid retraumatization and revictimization, especially in serious cases of abuse. The reduction of time required for judicial resolution of cases of violence and abuse is an extremely important parameter to reinforce the sense of justice, and the new amendments contribute positively to this.

The most recent law also introduces the use of the "Risk Tool", institutionalized by Law 5090/24 and aligned with Article 51 of the Council of Europe Convention, complying with the requirements of European Directive 2012/29/EU. This tool is a risk assessment instrument for domestic violence, aiming at the immediate and effective protection of victims. Specifically, this tool, having measured the risk that each victim individually faces, enables an effective response to each particular incident of domestic violence.

Moreover, response measures include mandatory therapy and rehabilitation programs for perpetrators, aiming at their reintegration and the prevention of recidivism. Regarding immediate restrictive measures, these provide for the removal of the perpetrator from the family home to protect the victims.

Additionally, Directive (EU) 1385/2024 of the European Parliament and of the Council on combating violence against women and domestic violence, issued in May 2024 to protect women victims of violence and abuse, aiming to prevent and combat gender-based violence against women and protect survivors, provides that all European Union countries criminalize female genital mutilation, forced marriage, and cyber violence, as well as the non-consensual sharing of personal images. It also includes measures to prevent violence against women and domestic violence and sets standards for the protection of victims.

Finally, it is worth mentioning that the draft bill of the Ministry of Justice, which was put to consultation on 25 November 2024, the International Day for the Elimination of Violence against Women, incorporates Directive (EU) 1385/2024 and proposes the addition of a new paragraph to Article 296 of the Code of Criminal Procedure regarding the grounds for replacing restrictive conditions with pre-trial detention, which is formulated as follows:

"The restrictive conditions imposed on the accused in cases of felonies, terrorist acts, terrorist or criminal organizations, intentional homicide, grievous or fatal bodily harm, bodily harm to vulnerable persons, abduction, commonly dangerous crimes or crimes against transportation, crimes against sexual freedom, economic exploitation of sexual life, theft, robbery, extortion, fraud, laws on weapons or drugs, shall be replaced with pre-trial detention:

A) if new criminal prosecution is initiated against him/her for any of the above felonies,

B) potentially, if criminal prosecution is initiated for a misdemeanor of the aforementioned acts, which is alleged to have been committed after the imposition of restrictive conditions and during their validity."

In conclusion, domestic violence is a deeply rooted problem, but legislative developments, such as those described above, send the message that the state recognizes the seriousness of the phenomenon and is actively taking measures to eradicate it. Prevention, information, and timely intervention become particularly significant for limiting or eliminating the phenomenon, as well as for establishing procedures, methodologies, and tools for multi-agency response by those involved. Stricter legal control, emphasis on victim protection, and the establishment of preventive tools like the "Risk Tool" create a strong protection framework. At the same time, educational and awareness campaigns are necessary for informing, educating, and sensitizing everyone regarding the issue of violence against women.

This effort, combined with supporting victims through special support centers and raising societal awareness, can be a beacon of hope for women experiencing violence. Therefore, it must be understood that the prevention of violence requires the cooperation of state agencies, non-governmental organizations, and international bodies.

Together, we can build a society where every woman lives in safety, dignity, and freedom. Changing social stereotypes and promoting a culture of consent require intensive educational and social campaigns that will promote equality and respect for women's fundamental rights. Because the elimination of violence is not only a matter of law but also of human solidarity.

 References

• For more information on Law 3500/2006 click on here, here, here, here

• For more information on the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) click here

• For Law 4531/2018 click here

• For more information on the Risk Tool click here, here, here

• For the official text of Directive 2012/29/EU, go to here

• For the Draft Bill of the Ministry of Justice, click here

Maria Virginia Stavraki, Political Scientist-MSc, Advocacy Officer - Union of Women Members Associations of Heraklion (UWAH)

Nikoletta-Maria Tsiala, Lawyer, LL.M. in Fashion Law, Tefta Kyriakou-Tsiala & Partners Law Office