3. Similarities and differences in terminology | Peru | Fighting Domestic Violence

3.1 Domestic violence

The category of violence against a woman or member of a domestic unit where an interpersonal relationship exists. Includes but is not limited to^[8]:

rape
physical or psychological mistreatment^[9]
sexual abuse
economic abuse

Recommendation 35 emphasizes that violence is gender-based and focuses on the causes and effects of this social problem. In Peru, domestic violence is also defined as a category of violence against women but does not exclude other members of the domestic unit.

Also, in accordance with Recommendation 35, gender-based violence against women occurs in all spaces and spheres of human interaction, including contemporary forms of violence occurring online and in other digital environments. Unfortunately, current law does not regulate violence against women occurring online and in other digital environments.

Note that due to COVID-19, by means of Legislative Decree No. 1470, measures to guarantee the protection of victims of violence against women were established. However, none of these measures established parameters related to violence online and/or in other digital environments.

It is important to mention that the victim has "rights" that must be supported by the governing body and the law, such as the rights to:

a life free from violence
assistance and protection
legal aid and defense
health promotion, prevention and care
employment protection
education on the issue

3.2 Stalking

We did not find a definition for this category.

3.3 Harassment

This crime occurs where anyone repeatedly, continuously or regularly, and by any means, monitors, pursues, harasses, besieges or seeks to establish contact or closeness with a person without their consent, so that they alter the normal development of their daily life, even if the conduct is not repeated, continuous or habitual.^[10]

3.4 Victim

A victim is anyone who has suffered violence, which is defined as "any action or conduct that, on the basis of gender, causes death, physical, sexual, or psychological harm or suffering to women, whether in the public sphere or in private." Additionally, a victim is also considered any member of a domestic unit where an interpersonal relationship is present, who suffers any type of violence as described in the above paragraph. Men and transgender women are also included.^[11]

3.5 Abuser

A person who takes "any action or conduct that, on the basis of gender, causes death, physical, sexual, or psychological harm or suffering to women, whether in the public sphere or in private."^[12]

3.6 Civil protection order

Protection measures to neutralize harmful effects of violence and to allow a victim to carry out daily activities in order to ensure physical, psychological and sexual integrity and to safeguard property.^[13]

Among the protective measures that may be taken are the following:

removal of the aggressor from the victim's home
prohibition on the aggressor approaching or being close to the victim in any way
prohibition on communication with the victim via letters
prohibition on the aggressor's right to possess and carry of weapons
inventory of goods
emergency economic allocation
prohibition on the disposal of real or personal property
prohibition on the accused person removing children, etc. from care of the family group
re-educative or therapeutic treatment for the accuser
psychological treatment for the emotional recovery of the victim
shelter of the victim
any other measure of protection required

3.7 Causes of action

(a) Law No. 30364 (Domestic Violence specific)^[14]

(i) Forms of domestic violence abuse

physical (including neglect)
psychological
sexual
economic

(ii) Governing body for complaint

Peruvian National Police
Criminal Family Prosecutors Office
family court
local peace court

(iii) Only cause of action requirement is to present the facts:

These may be written or verbal.
No attorney engagement is required.
Evidence may be presented by the victim, a designated spokesperson, or any health or education professional who becomes aware of an issue.
It is not required to present physical or psychological exam results, or show visible signs of violence, though these may be presented as evidence if available.

The aforementioned is in accordance with the provisions of Recommendation 35, which only requires a recount of the facts by the victim and attempts to avoid imposing excessive financial or bureaucratic obligations. However, in practice, at the police and judicial levels, the initiation of these procedures can be tedious and, on some occasions, officials do not have the necessary training.

(b) Law No. 27942

(i) Article 4 defines cause of action more broadly across all categories of abuse and harassment against women (not just domestic violence):

unwanted sexual advances or of a sexist nature
intimidating, hostile, humiliating environment
affects ability to work, teach, train or otherwise conduct life/business

(ii) Article 6 further qualifies the causes of action in abuse/harassment situations:

implicit or express quid pro quo
unwanted sexual demands
written or verbal use of terms that are sexual in nature, unbearable, hostile, humiliating or offensive to the victim
corporal offenses (touching, physical contact of a sexual nature)

3.8 Marital rape

We did not find a definition for this category.

3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?

Sexual harassment

This crime punishes anyone who, in any way, monitors, pursues, harasses, besieges or seeks to establish contact or closeness with a person, without their consent, to carry out acts of a sexual nature.

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