Physical violence
Physical violence is only one form of violence, even though it is usually the first one that comes to mind when talking about violence. Yet, even physical violence can be challenging to identify. If there is physical violence in your relationship, it is crucial to reach out for help and to create a safety plan. If you are using violence or afraid that you might use violence against your family members, reach out for help. If you have children, remember they have a right to live in a safe, violence-free home.
Also, threatening with violence is considered violence, and it may be considered an illegal threat, which is a crime. If an individual uses a weapon or engages in any other form of threatening behaviour that causes another person to have a reasonable fear for their personal safety or the safety of someone else, or if they fear that their property is in serious jeopardy, it constitutes an instance of an unlawful threat.
Any act that causes physical harm to another person and violates their human dignity is physical violence.
- Slapping, hitting, kicking, pushing, spitting.
- Force-feeding food, drugs or intoxicants, or preventing the taking of drugs.
- Choking, strangling, burning and using objects to injure or cause pain.
- Preventing another from leaving the room, scratching, squeezing, grabbing, ripping clothes, shaking and kicking.
- Breaking or destroying objects.
- Threatening with a weapon or blade, or with physical violence.
- Female genital mutilation (FGM) is also physical violence.
Many say, “They just exploded.”, and do not admit their behaviour as violence. Physical violence is often associated with other forms of violence. For example, sexual violence can include a wide range of physical violence. Also, pets can be the target of violence, and seeing this is torturing. No physical violence is acceptable, and it is a crime.
Anyone who physically abuses another person or harms their health is punishable under the German Criminal Code (StGB) with a prison sentence of up to five years or a fine (Section 223 StGB). Anyone who injures another person not deliberately (= consciously and intentionally) but negligently (= through a lack of care) may also be liable to prosecution. The penal code also assesses the severity of the injury. A distinction is made between negligent (Section 229 StGB), dangerous (Section 224 StGB) and grievous bodily harm (Section 226 StGB) as well as bodily harm resulting in death (Section 227 StGB). The ill-treatment of persons in one’s charge (Section 225 StGB) and taking part in a brawl (Section 231 StGB) also fall within the scope of bodily harm.
For further reading:
Since 1 January 2001, the right of children to a non-violent upbringing has been enshrined in the German Civil Code (BGB). Physical punishments, psychological injuries and other degrading measures are prohibited (to the legal text: Section 1631 BGB). Originally, the German Civil Code stipulated that fathers were also allowed to physically punish their children. This regulation was repealed in 1957; however, physical and psychological abuse by parents has only been expressly prohibited since the law was amended in 1997. Corporal punishment was widespread in schools until the 1960s and 1970s.
Every child has the right to be protected from violence, as stated in Article 19 of the UN Convention on the Rights of the Child. By ratifying this convention, Germany has committed itself to taking all appropriate legal, social and educational measures to protect children from all forms of violence, abuse and neglect.
Read more: Convention on the Rights of the Child
The Federal Child Protection Act regulates comprehensive, active child protection in Germany.
Further reading: Federal Ministry for Family Affairs, Senior Citizens, Women and Youth - Children and Youth
Physical violence is just one form of violence
While it may be the most commonly associated form, it can still be challenging to identify, and even the mere threat of violence should be considered a form of violence itself. It is important to understand that physical violence often coexists with other forms.
For instance, sexual violence can involve various forms of physical harm. Additionally, violence towards animals, such as pets, is equally distressing and torturous to witness. It is vital to emphasise that no form of physical violence is acceptable, as it is always a crime.
