Violența cibernetică – formă a violenței domestice
Cyber Violence - a Form of Domestic Violence

Summary/Abstract: Cyber violence, as a form of domestic violence, has become a problem due to the rapid evolution of technology, the emergence of numerous means of accessing and monitoring data or electronic devices, without the knowledge of the person concerned, and the emergence of numerous social platforms that facilitate control and harassment through various means, from any distance, being sufficient access to an Internet network. Moreover, technology has paved the way for what is known as „revenge pornography” or „non-consensual pornography”, a real problem that affects girls and women in overwhelming proportions. Cyber violence is a problem that anyone can face, but it is more serious, in terms of the consequences it can produce or actually produces, when it occurs between partners, former partners or family members. As we will see, internationally, specialized studies have taken into account and defined cyber violence when it occurs between intimate partners, as it is the most common hypothesis encountered in practice. In Romania, cyber violence has appeared in the legislative landscape as a result of a judgment condemning the Romanian state pronounced by the European Court of Human Rights, in the case Buturugă v. Romania. Currently, Law no. 217/2003 for the prevention and combating of domestic violence, republished, includes, in art. 4, among the forms of manifestation of domestic violence, and this form of manifestation. The Romanian legislator, through this provision, aimed to ensure a protection for the victims for a wide range of acts of abuse by a family member. In this paper, we aimed to note the peculiarities of online harassment, compared to the classic offline harassment, as it is regulated in the Criminal Code in force, as well as the extent to which the criminal protection provided by art. 208 is sufficient for victims of domestic violence. We also tried to identify the incriminations that could be retained in the case of committing cyber violence in the form of revenge pornography, given that this fact is not incriminated separately in the Romanian Criminal Code, unlike the criminal law of other European states, such as and in the situation of cyber surveillance and tracking of victims.

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