Violence against women in Ukraine

Nuzhat Ehsan, UN Population Fund representative in Ukraine, stated in February 2013 that "Ukraine really has an unacceptable level of violence, mainly by men and mainly due to [the] high level of alcohol consumption". He blamed loopholes in the legislation as contributing to the problem of domestic violence, stating, "You can violate women and still if you are a high-level official or from a high-level official family, you can get away with it".[3]

In the view of traditional moral norms the Ukrainian women are supposed "to be beautiful and to be a mother". Moreover, the gender traditions in Ukraine tend to restrict women from holding positions of political power, while standards of male behaviour include being protective of women. The War in Donbas in Ukraine's Donbas region, which started in 2014, reinforced the separation of gender responsibilities.[4] The UN stated that Ukrainian women living in the conflict zone were at significant risk due to weak law enforcement, high concentration of military groups and proliferation of weapons.[5]

In 2015, the Office of the United Nations High Commissioner for Human Rights expressed deep concern about the rapidly worsening situation with violence against women in Ukraine.[6] According to the OSCE, in 2018, violence towards women was widespread in Ukraine and was associated with three times more deaths than the war in Donbas.[7]

Following the 2022 Russian invasion of Ukraine, numerous accounts of violence and sexual violence against women in Ukraine emerged, including assault, torture, rape and gang-rape.[8][9]

In Ukraine domestic violence towards women has a long history. There is evidence that the model of male aggression directed towards women is transferred from generation to generation. Recent studies reveal that violence against women is not limited to any particular segment of the Ukrainian population and occurs across all social layers. There are not many Ukrainian women who have achieved economic independence and own their own home.[13] As of 2017, violence against women remained a hidden problem. The War in Donbas led to an increase in prevalence.[14]

In early 2020 there were very few women's shelters in Ukraine.[15]

The sexual exploitation of women is also a broad and serious problem in Ukrainian society. This issue consists of women's trafficking on the transnational markets and coercive prostitution. It comes up as a result of many factors including the impoverishment of significant part of population, soft pornography widely used by Ukrainian mass media to catch an attention of customers, and so on. Statistical data reported by NGOs in 2000 state that up to one third of young jobless Ukrainian women have been involved to some degree in illegal sex business activities.[16]

A survey of young Ukrainian girls performed by All-Ukrainian Committee for the Protection of Children reveals that a sexual abuse of them accounts for high proportion of the abuse victims. For example, it was reported that one Ukrainian girl out of three had experienced sexual harassment, one out of five had suffered physical sexual abuse, one out of ten had been raped. Criminal statistics reports that 55% of registered sexual assaults in Ukraine are directed towards youth under 18, and 40% of them or 22% in total - towards children under 14.[17]

Since 6 December 2017, committing sexual acts involving another person's body without that person's voluntary sexual consent is punishable as 'rape' or 'sexual violence' under Ukrainian law.[20] As of August 2022, Article 152 of the Criminal Code of Ukraine states: 'Note: Consent shall be deemed voluntary if it is the result of a person's free act and deed, with due account of attending circumstances.'[21] Article 152(1) stipulates: 'Committing sexual acts involving vaginal, anal or oral penetration into the body of another person using the genitals or any other item, without the voluntary consent of the victim (rape) – shall be punishable by imprisonment for a term of three to five years.'[21] Article 153(1) stipulates: 'Committing any sexual violence, not related to the penetration into another person's body, without the voluntary consent of the victim (sexual violence) – shall be punishable by imprisonment for a term of up to five years.'[21] Paragraph 4 of both articles determines that people below the age of 14 are deemed incapable of consenting, and that punishment for the perpetrator in such cases is more severe.[21]

The current legislation, including the importance of consent (Ukrainian: згода, romanized: zhóda), was adopted following amendments of the Criminal Code on 6 December 2017 'in order to implement the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence' (Istanbul Convention).[20] The previous text of the Criminal Code of Ukraine, as adopted in 2001, had coercion-based definitions of rape and sexual violence, with Article 152(1) stating: 'Rape, that is, sexual intercourse with the use physical violence, threat of its use or with taking advantage of the helpless state of the victim – is punishable by imprisonment for a term of three to five years.'[22] Article 153 was originally titled "Violent gratification of sexual passion in an unnatural way", and paragraph 1 defined this as: "Satisfaction of sexual passion in an unnatural way with application of physical violence, threat of its application or with the use of helpless condition of the victim – shall be punishable by imprisonment for a term of up to five years."[22]

In February 2019 domestic violence was made a criminal offense in Ukraine meaning perpetrators could be fined, or sentenced to community service or a prison sentence.[15] Previously perpetrators could be subjected to a maximum of administrative punishment.[15]