Yes, there are civil and criminal legal remedies for domestic violence as described below:
Civil remedies
Law to Prevent, Punish and Eradicate Violence against Women and Members of the Family Group — Law No. 30364, establishes the following civil remedies:
Criminal remedies
Law to Prevent, Punish and Eradicate Violence against Women and Members of the Family Group — Law No. 30364, establishes the following criminal remedies:
As can be seen, Peruvian law provides various protective measures as recommended by Recommendation 35 in Section C.
In particular, item 31(a)(ii) states that, in order to avoid further acts of violence, mechanisms for immediate risk assessment and protection should be established, which should include the issuance and monitoring of eviction, protection, removal or emergency security orders against the alleged perpetrator, as well as the appropriate sanctions if violated.
A review of various judicial pronouncements has been carried out and it is noted that the sanctions for noncompliance with protective measures (fines and the crime of contempt for authority) are rarely dissuasive or punitive.
According to a report by the National Penitentiary Institute, as of December 2018, the total number of persons deprived of their liberty for the crime of violence against women and members of the family group had reached 321. Furthermore, the average time of detention is usually less than a year.
Item 31(a)(iii) also recommends access to free or low-cost financial assistance, high-quality legal and financial assistance, medical, psychosocial and counseling services, educational services, housing, childcare, and training and employment opportunities for women victims, survivors and their families. While some of these services are offered to victims of violence, the number of public employees is insufficient and the quality of these services is often poor. Usually, these services do not meet the objectives as set out by Recommendation 35.
However, as of March 2020, 396 Women's Emergency Centers (CEM) have been implemented nationwide. In 2016, 100% of the attention was covered in the province and in five CEMs the opening hours were extended to 24 hours a day, seven days a week. Between 2017 and 2019, 150 MECs have been implemented in police stations nationwide.
The Ministry of Justice and Human Rights provides the public defense service and offers free legal assistance in criminal, family, civil and labor matters. In 2018, the total number of sponsorships reached 10,576.[6]In accordance with item 24.2(b) of Recommendation 35, the states must take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. In this context, the Peruvian legislation has implemented many measures detailed in item 1 of Recommendation 35.
Likewise, item 30(a) of Recommendation 35 recommends to implement effective legislation to address the underlying causes of gender-based violence against women, including patriarchal attitudes and stereotypes, inequality in the family and the neglect or denial of women's civil, political, economic, social and cultural rights, and to promote the empowerment, agency and voices of women.
Unfortunately, as a result of the Peruvian chauvinist culture that tends to justify the facts or "understands" the aggressor in many circumstances, these types of situations are not reported, mainly because of shame from the victims at the imminent social stigmatization, fear of possible reprisals, or simply skepticism regarding the effectiveness and reliability of the justice system.
In addition, there are no mechanisms that include immediate risk assessments and protection to assist woman complainants. Thus, the lack of an immediate protection network that allows women and children to avoid being direct and indirect victims of violence laws results in victims withdrawing their complaints for fear of losing economic sustenance and even their homes.
It is under this context that Recommendation 35 suggests a need for comprehensive, multi-sectoral, long-term collaboration between governments and civil society.[7] Therefore, the following strategies are in progress or have not been implemented yet in Peru: