A stepping stone or a missed opportunity?(2)

"Before the assault, I had no idea about domestic violence. When I wanted to protect myself legally, I read the draft, but I found it weak in terms of protection," she said. Zhang now believes the government should educate newlyweds in the prevention of domestic abuse, and highlight the relevant legal articles that define it.

Chen said that under China's Marriage Law, domestic violence is only defined as such if it happens at least three times, but the mental anguish caused by a refusal to communicate isn't recognized as abuse. That situation hasn't been improved in the draft.

"I have to tell my client that it's hard to define what she suffered as domestic violence under the current law, and after reading the draft law, I'm unable to offer her more hope," Chen said, with disappointment.

Chen works on about 60 marriage-related cases every year, and more than 60 percent of them relate to "cold violence" and verbal attacks between family members.

"Most victims of verbal violence are men. Their wives or girlfriends criticize and shout at them day and night," she said, adding that this sort of nonviolent abuse is difficult to prove and isn't regulated by the current laws.

Chen recalled a woman who consulted her after her boyfriend assaulted her.

"The client didn't want to end the relationship, but neither did she want to suffer the violence. However, our law doesn't protect relationships outside of formal marriage," she said, adding that the man would probably only face administrative punishments, such as temporary detention at a police station or a fine, if the woman called the police.

Chen urged a clause in the draft law to protect people in nonmarital relationships "because the number of such cases is rising as society becomes more open."

Psychological care

When the draft was released, Yao, from the development foundation, participated in a series of discussions, and suggested that any new legislation should implement a wider range of practical measures to protect victims.

"Clarifying the punishment for abusers and the rights of the victims is just one part of the issue. We need more practical articles to encourage more social organizations to join the fight against domestic violence," she said, adding that her organization will provide money to NGOs to help the victims of abuse.

Men are equal to women, and they also have a right to legal protection in cases such as these "that needs to be made quite clear in the draft," she said, adding that social services, such as psychological care, should be on hand after the first incident of domestic violence.

"When someone calls the police after an assault, the psychological specialists should start work, and help both the assailant and their victim. Timely intervention of this kind can reduce the mental anguish by a significant extent, and it should be written into the draft as a mandatory measure," Yao said.

She suggested that to make the service more professional and to avoid damaging victims twice, training should be provided for all psychological workers and law enforcement officers who deal with cases of domestic violence.

"After all, it's too late to provide psychological help when a couple has already divorced," she said. "We must adopt a zero-tolerance attitude and stop abuse as soon as it starts.

"To ensure the country's first law on domestic abuse is practical and enforceable, we need to consider the factors that can lead to domestic violence to help solve the problem," she said.

"What we need, in fact, is not just more legislation. We need to eradicate the problem at the source through efficient and effective measures."