Clarification of judicial authorities erases gray area for domestic abuse

China is seeing more couples cohabiting before marriage. However, sometimes after entering into a live-in relationship, some individuals are subjected to verbal and/or physical abuse from their partners. In the past, violence in such relationships, fell in a legal "gray area".

For example in one case highlighted by China's top judicial authorities — the Supreme People's Court and the Supreme People's Procuratorate — a woman surnamed Zhang was frequently insulted, slapped, shoved and whipped with a charging cable by her boyfriend, Wang, after they began living together in March 2022. When Zhang reported the matter to the police in May 2023, Wang argued that it could not be treated as a case of family violence or abuse, as they were just dating.

Under the Criminal Law, mistreating or tormenting a family member, both physically and mentally, through means such as beatings, starvation, forced labor, denial of medical treatment, restriction of freedom, or particularly egregious humiliation constitutes abuse. However, a family member typically refers to those related by marriage, blood or adoption. This limitation restricts many who are in a long-term live-in relationship from seeking legal protection against physical and mental abuse.

To address this concern, the Supreme People's Court and the Supreme People's Procuratorate unveiled landmark cases around the International Day for the Elimination of Violence against Women, which falls on Nov 25, demonstrating their firm commitment to punishing the perpetrators of such domestic violence clarifying that when it comes to abuse cohabiting partners are considered family members under the law.

This clarification is vital as recognizing cohabiting partners as members of a family provides stronger legal protection for those facing domestic violence in such a relationship.

In one disclosed case, for instance, after a man surnamed Ma and his girlfriend surnamed Miao began cohabiting in 2021, Ma subjected Miao to prolonged emotional manipulation and psychological control, leading to her suffering a nervous breakdown and ultimately committing suicide in late 2022.

Early this year, Ma was indicted on the charge of abuse and received a prison sentence of three years and two months.

The procuratorate highlighted the case, explaining that, in the context of the crime of abuse, although the couple were not married, they had formed a stable and continuous premarital cohabitation relationship for which they should be treated as "family members".

This ruling is not only indicative of the judiciary's "zero-tolerance" toward domestic abuse, but also eliminates the "gray area" in combating domestic violence.

In other words, victims of mental or physical abuse in live-in relationships will now find it easier to obtain personal safety protection orders from the court as in any other case of domestic violence, while perpetrators will face criminal charges. In severe cases, such as those resulting in death or serious injury, the perpetrator could face up to seven years in prison.

Previously, such perpetrators were usually charged with intentional injury. Although the sentences for intentional injury are generally harsher, typically three years or more, it requires a higher standard of evidence regarding the severity of the injuries, making it difficult to prosecute the perpetrators.

Nowadays intimate relationships between couples outside marriage demand a broader perspective. The latest judicial clarification signals that protection for domestic violence victims extends beyond marriage, emphasizing stronger victim protection.

However, it must be noted that this approach, as yet, applies only to domestic violence cases. In civil matters — such as property allocation and inheritance — cohabitation does not establish family membership.