Amendments to the legislation that will enhance the protection of the rights, freedoms and interests of women and children was passed At the Senate’s April 6 plenary session, the Senate’s press service said.
The amendments propose the appropriate administrative and criminal liability for family (domestic) violence, that is, violence committed against a spouse, ex-wife or former spouse, a person living together on the basis of a single household or a person having a common child.
Persons who have committed sexual violence, including against minors, cannot be granted release on parole from punishment or substitution of punishment with a milder one. On the contrary, punishments for such crimes are being harshened.
In addition, liability has been established for harassment and persecution of women, as well as for persecution and failure by parents to perform their obligations to appoint a guardian or custodian for their minor children.
In accordance with the current legislation, the defendant's knowledge of the age of the victim is one of the criteria for qualifying such crimes as rape and forcible satisfaction of a sexual need in an unnatural form (the so-called knowingness). Now this rule is abolished, that is, ignorance by the accused of the age of the victim does not relieve him of liability.
The amendments also propose a ban on perpetrators of sexual violence against minors from working with children. A list of persons who have committed such types of crimes will also be maintained.
The amendments, approved by the Senate, shall take effect after signing by the President of Uzbekistan.
Senate Speaker Tanzila Norboeva, in her speech, addressed the Supreme Court with a request to summarize the judicial practice on offenses and crimes related to violence against women and children. She also asked the Supreme Court to adopt a plenum decision aimed at the correct application of the new amendments in judicial practice.
Tanzila Norboeva recommended to the General Prosecutor's Office and the Ministry of Internal Affairs to step up efforts to prevent crimes related to domestic violence against women and children and to ensure strict compliance with the requirements of the law during inquiries and investigative actions.
She also requested the Prosecutor General's Office to ensure effective prosecutorial oversight over the clear and uniform application of the norms of the new law by officials.
The amendments were developed for a whole year by a working group of representatives of ministries and departments, non-governmental and international organizations, as well as civil activists, including activists of the Nemolchi.uz project. The process was difficult - Gazeta.uz wrote about it.
In the last week alone, several cases of sexual violence against underage girls have become known at once: in the Khorezm province, pupils of a family orphanage were forced to have sexual intercourse with officials, a foster father in Kashkadarya raped a 13-year-old girl, after which she became pregnant and had an abortion. In addition, Nikita Makarenko's Telegram channel posted a message from a woman whose underage niece was also gang-raped in Khorezm.
