Where Specialized Police Commissions on Protection against Family Violence exist, they are the policing body to engage. Where they are not present, it is the local police station that steps in. Primary policing functions include:

• maintaining order and protection for the victim
• reporting investigation outcomes to prosecutorial authorities

In the event of flagrant offenses, the police will take the following action:

• Assess the scene.
• Arrest/restrain the aggressor.
• Determine if the victim needs medical attention and arrange for transport to hospital.
• Arrange for Women's Emergency Center (CEM) personnel to accompany the victim to care for the physical, emotional or legal needs of the victim.
• Escort the aggressor and victim to the Specialized Police Commissions on Protection against Family Violence or a police station to file a report, and if appropriate, charge and arrest the aggressor.

Law No. 30364, the Law to Prevent, Punish and Eradicate Violence against Women and Members of the Family Group, defines police personnel responsibility to include:

• registering of the complaint
• assessing the risk to the victim and taking action
• forwarding the police report to the competent authority within the statutory period

It should be mentioned that even the women who report complaints suffer significant levels of victimization due to the abandonment of the government as a result of their evident vulnerable situation and also because of the presence of narratives that tend to justify the facts or "understand" the aggressor (chauvinist culture).^[17] There are many situations in which police officers do not act effectively due to corruption or as a result of patriarchal attitudes and/or values.

Also, the problem is not only related to the lack of training and qualifications of many police officers or police procedures, but also the absence of a recognized institutional policy, learned and disseminated appropriately.

Note that we have not identified gaps within Law No. 30364 that would mean the protection of women is not ensured. However, in contrast with item 30(a) of Recommendation 35, the Peruvian legislation addressing gender-based violence against women is not very effective. This explains the increasing numbers of domestic violence cases in Peru:

• According to ENDES 2019 (Demographic and Family Health Survey),^[18] in the last 12 months, 2.5% of women between 15 and 49 years old have suffered sexual violence from their partners or former partners. According to ENARES 2015 (National Survey on Social Relationships),^[19] 34.6% of adolescents between 12 and 17 years old have suffered sexual violence at some point during their lives.
• In addition, in 2019, the Women's Emergency Centers (CEM) of the Ministry of Women, reported that of the 55,565 reported cases of violence against children and adolescents from 0 to 17 years old, 12,364 cases were due to sexual violence and 42% were connected to rape. ^[20] Among the 18 to 59 age group, out of 115,246 reported cases of violence, 5,523 cases were related to sexual violence and 48% connected to rape.

In general, there are no circumstances that could affect the participation of law firms in police investigations. Victims have the right to appoint their defense attorney of choice to participate in all proceedings and have full access to the investigation.

However, the situation of vulnerability and mistreatment suffered by women who dare to file a complaint is enormous. For instance, filing a complaint is a long, bureaucratic and indolent process in most cases, which must be faced by a vulnerable and terrified family group that has no alternative but to sleep in the police station, in the street or to return to where only more violence awaits them.

Proof is required in:

• criminal cases: beyond reasonable doubt
• civil cases: fair preponderance of the evidence

Regulations to Law No. 30364 only mention consent in Article 61, which pertains to sexual violence, and provides guidelines according to the following:

61.1.    Consent cannot be inferred from any word or conduct of the victim when force, threat of force, coercion or exploitation of a coercive environment they have diminished their ability to give voluntary and free consent.

61.2.    Consent cannot be inferred from any word or conduct of the victim when they are unable to give free consent.

61.3.    Consent cannot be inferred from the silence or lack of resistance of the victim to the alleged rape.

61.4.    The credibility, honorability or sexual availability of the victim or a witness cannot be inferred from the sexual nature of the previous or subsequent behavior of the victim or a witness.

However, there are no additional definitions of consent under other gender-based violence situations.

According to Article 165 of the Peruvian Criminal Procedure Code, the cases in which persons may refrain from testifying are as follows:

1. The spouse of the accused, relatives within the fourth degree of consanguinity or second of affinity, and anyone who had a relationship with him may refrain from giving testimony. This power is extended, to the same extent, to relatives by adoption, and to spouses or those cohabiting even when the marital bond has ceased. All of them will be warned of the right that allows them to refuse to give testimony in whole or in part.

2. Those who must keep professional or state secrets according to the law must refrain from declaring details that will be described,:

(a) Those bound by professional secrecy may not be bound to testify about what they know because of their profession, except in cases in which they have an obligation to report it to the judicial authority. Among them are lawyers, ministers of religious services, notaries, doctors and health personnel, journalists or other professionals provided by express law. Nevertheless, these persons, with the exception of ministers of religious cults, may not deny their testimony when they are released by the interested party of the duty to keep the secret.

(b) If the information requested from the witness is not found, taking into account the exceptions provided in the law on the matter, the continuation of the declaration will be provided. If the information has been classified as secret or reserved and the judge considers the information essential, they will — ex officio or at the request of a party — require the information in writing and may even summon the public official to correspond on the witness initially placed for clarifications.

3. If Public officials and servants know of a state secret, that is, information classified as secret or reserved, they have an obligation to communicate it to the authority that cited them. In these cases, the diligence will be suspended and information will be requested from the minister of the sector, within a period of 15 days, specifying whether the required information is within the scope of the exceptions established in the law on the matter.

According to Article 121(B) of the Criminal Code, when the victim is a minor, over 65, or suffers from a physical or mental disability and the agent takes advantage of this condition, a prison sentence of no less than six and no more than 12 years is applicable.

The Peruvian Criminal Code establishes penalties for anyone who commits crimes related to family violence; however, it does not establish specific penalties for first-time domestic violence offenses.

On the other hand, item 29(b) of Recommendation 35 states that states should protect victims/survivors of gender-based violence and ensure that they have access to justice and to an effective remedy in line with the guidance provided in General Recommendation No 33.

Yes, the Peruvian Criminal Code provides for the following penalties:

Peruvian Criminal Code — Article 108-B (Femicide)

Prison term of no less than 20 years for killing a woman as a result of any of the following:

• family violence
• coercion, harassment or sexual harassment
• abuse of power, trust or any other position or relationship that confers authority of the aggressor over the victim
• any form of discrimination against women, regardless of whether there is a martial relationship or cohabitation

Prison term of not less than 30 years if the following aggravating circumstances are present:

• The victim was a minor or an older adult.
• The victim was pregnant.
• The victim was under the care or responsibility of the aggressor.
• The victim was previously subjected to rape or mutilation.
• The victim was disabled.
• The victim was subjected to human trafficking or human exploitation.
• The act of violence occurred in the presence of a child or adolescent.
• The act of violence occurred while the aggressor was intoxicated (over the blood alcohol level of 0.25) or under the effects of toxic drugs, narcotics, psychotropic or synthetic substances.

Life sentences in prison are applicable if two or more aggravating circumstances are present.

Peruvian Criminal Code — Article 441 (Intentional injury and negligent injury)

• Community service of 40-60 days if an aggressor causes injuries that require up to 10 days of assistance or rest or a small level of psychological damage
• Community service of 80 working days if an aggressor causes injury to a person under the age of 14, or the aggressor is the injured person's guardian, guard, or person responsible for the victim
• If the injury is caused by fault and causes up to 5 days of incapacity, the penalty is 60-120 days

Peruvian Criminal Code — Article 442 (Mistreatment)

Community service of 50-80 days is applicable for physical or psychological mistreatment, humiliation, denigration or disparagement that does not cause injury or psychological damage. Community service of 80-100 working days is applicable under the following circumstances:

• The victim is a minor or older adult, has a disability or is pregnant.
• The victim is a spouse, ex-spouse, cohabitant or some other type of familial relationship, or is the person with whom the victim has children (regardless of whether they are living together at the time of the violent acts).
• The victim has a professional services contract or employment relationship (including as a domestic worker) with the aggressor, or the victim is dependent on the aggressor (either due to confinement or another type of dependence), or the victim is under the aggressor's care and responsibility.
• The victim is a member of the Peruvian National Police, the Armed Forces, a magistrate of the Judicial Branch or the Public Ministry, a magistrate of the Constitutional Court, or an elected authority and the injury occurred during the exercise of those duties or because of those duties.
• The victim is a woman, and is injured as a result of family violence, coercion, harassment, sexual harassment, abuse of power or trust, or any other form of discrimination.
• A child or adolescent was present during the act of violence.
• The act of violence occurred while the aggressor was intoxicated (over the blood alcohol level of 0.25) or under the effect of toxic drugs, narcotics, psychotropic or synthetic substances.

Peruvian Criminal Code — Article 121-B (Serious injuries due to violence against women and members of the family group)

A prison sentence of no less than six years and no more than 12 years may be imposed for a serious injury under the following circumstances:

• The victim is a woman, who is injured as a result of:
  • family violence
  • coercion, harassment or sexual harassment
  • abuse of power, trust or any other position or relationship that confers authority of the aggressor over the victim
  • any form of discrimination against women, regardless of whether there is a martial relationship or cohabitation
• The victim is pregnant.
• The victim is a spouse, ex-spouse, cohabitant or has some other type of familial relationship with the aggressor, or has children with the aggressor (regardless of whether they are living together at the time of the violent act).
• The victim is any type of dependent or subordinate of the aggressor (such as employment, economic or care) and the aggressor took advantage of the situation.
• The aggressor used a weapon, sharp object or instrument to commit the violence.
• The victim was a child or adolescent and suffered psychological damage due to family violence or rape.
• The act of violence occurred while the aggressor was intoxicated (over the blood alcohol level of 0.25) or under the effect of toxic drugs, narcotics, psychotropic or synthetic substances.

A prison sentence of no less than 12 years and no more than 15 years may be imposed if two or more of the above circumstances are present. A prison sentence of no less than 15 years and no more than 20 years may be imposed if the victim dies as a result of the above circumstances and the aggressor was able to foresee the outcome.

Article 24 of the Law to Prevent, Punish and Eradicate Violence against Women and Members of the Family Group Law No. 30364 provides that anyone who disobeys, fails to comply with or resists a protective measure issued in a proceeding arising from acts of violence against women or members of the family group commits the offense of resisting or disobeying the authority provided for in the Criminal Code.

The Law to Prevent, Punish and Eradicate Violence against Women and Members of the Family Group Law No. 30364 provides the following:

Title II, Chapter 11, Article 22. Object and types of protective measures

• removal of the aggressor from the victim's home
• impediment of the aggressor approaching or being within a suitable distance from the victim in any way (including home, work center, study center or another place where the victim carries out their daily activities)
• prohibition of the aggressor communicating with the victim (including via letter, telephone, electronics, chat, social network, institutional network, intranet and other forms of communication)
• prohibition of the aggressor possessing and carrying weapons, and revocation of the license to possess and use weapons
• prohibition on the accused person removing children, adolescents or other vulnerable persons from the care of the family group

Title II, Chapter I, Article 20. Sentence

In the case of a conviction or a reservation of conviction, this is in addition to the provisions of Article 394 of the Code of Criminal Procedure, promulgated by Legislative Decree No. 957, and where applicable, contains the following:

• restrictions provided for in Article 288 of the Code of Criminal Procedure, as well as other analogous rules
• registration of the sentence in the National Conviction Registry and in the Single Registry of Victims and Aggressors
• any other measure in favor of the victims or their relatives

Title III, Chapter II, Article 31. Prison treatment for the social reintegration of aggressors deprived of their liberty

This provides for re-education treatment for the granting of prison benefits, pardons and commutations of sentences.

Title III, Chapter II, Article 32. Treatment of aggressors in a free environment

For crimes related to acts of violence against women and members of the family group, the judge may require the aggressor to participate in psychosocial, psychiatric or self-help treatment specialized in violence against women and members of the family group.