Adjudicating Domestic Violence: Major Challenges. Case of Georgia
Adjudicating Domestic Violence: Major Challenges. Case of Georgia

Author(s): Lali Papiashvili
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Domestic violence; Evaluation of evidence; Fair trial; Standard of proof;
Summary/Abstract: “Violence against women, including domestic violence, is one of the most serious forms of gender-based violations of human rights in Europe that is still shrouded in silence. Domestic violence—against other victims such as children, men, and the elderly—is also a hidden phenomenon which affects too many families to be ignored”.1 Despite the dynamic development of digital technologies, a large number of international legal instruments and the diversity of campaigns against domestic violence, punishment of perpetrators, and adjudication of criminal justice are still challenges. Victims actively cooperate with the police and investigation, however, refuse to testify in court. Accordingly, the major challenges are connected to the use of the evidence, the primary source of which is the victim who refuses to testify, as well as the standard of proof for conviction and the prohibition to use hearsay for conviction reasons coupled with the latent nature of the crime.

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