Abuse of a ward: children and seniors are at risk

What the law says about abuse of a ward

Abuse of a person entrusted to one’s care is described in Section 198 of the Criminal Code (Act No. 40/2009 Coll.) as a deliberate and repeated act that is particularly cruel or particularly humiliating. What specifically is defined in the section?

Whoever abuses a person in his or her care or custody shall be punished by imprisonment for one to five years.

Imprisonment for two years to eight years shall be imposed,

• if he or she commits the act referred to in paragraph 1 in a particularly cruel or torturous manner,
• if he or she causes serious bodily harm by such an act,
• if he commits such an act against at least two persons, or
• if he or she commits such an act over a prolonged period of time.

The offender shall be liable to imprisonment for five to twelve years if he causes cruelty to a person in his care or custody,

• serious injury to at least two persons,
• or death.

Abuse in a relationship may also be a criminal offence. And it doesn’t have to be just beating or humiliation and manipulation by a partner. It can also manifest itself in social isolation or intimidation.

Who is the victim and who is the perpetrator?

Anyone who has been placed in the care or custody of the perpetrator is considered to be a victim of abuse. This can include children, partners, the elderly or people with disabilities. The legal definition also emphasises that abuse does not have to be physical – psychological abuse, economic blackmail or social isolation are also considered abuse. In other words: If someone shouts at a child to wipe the dishes, it is not yet abuse. But if you start locking him in a room and restricting his access to other people, you are already on very thin ice.

However, it is not only legal guardians who commit the crime of abuse of a ward. Sometimes it is also teachers, medical staff, people working in children’s homes or caring for the elderly, and other people who in some way care for the person who depends on them.

Where does the argument end and the abuse begin?

Arguments or one-off conflicts are a normal part of human relationships. However, abuse has several characteristics:

• Repetition and Systematicity: Abuse is not a one-off argument. It occurs repeatedly and often has a pattern of behaviour where the perpetrator deliberately humiliates, controls or intimidates the victim.
• Consequences for the victim: The victim suffers long-term physical or psychological consequences such as loss of self-esteem, depression, anxiety or health problems.
• Abuse of unequal status: Abuse often takes place in situations where the perpetrator takes advantage of his or her superiority – whether physical, psychological, economic or social.

The abuse of the person in charge is therefore characterised by a high degree of rudeness and callousness and lasts for a certain period of time. An example of physical violence is constant punishment, which involves severe beatings with the hands and with various objects. However, it can also involve kicking, pulling hair, being tied to a table or heating or locked in a cold environment without sufficient clothing.

Psychological violence involves humiliation, constant name-calling, manipulation or intimidation. Economic violence takes the form of being denied access to finances, controlling spending or preventing people from earning their own money. In terms of social isolation, the victim is most often completely cut off from contact with his or her family, friends or the outside world in general.

Year-on-year in 2023, crimes related to the abuse of a ward increased by 10.7%.
According to statistics, approximately 30% of women and almost 12% of men in the Czech Republic have experienced domestic violence. 39% (men) and 28% (women) of victims of domestic violence have not discussed the problem with anyone at all.

How many years is the penalty for abuse of a ward?

As we mentioned above, the offender faces severe penalties for the abuse of a ward, depending on the circumstances of the offence. The base rate of imprisonment ranges from two to eight years, which can increase to 12 years or more. The courts resort to higher rates if the prosecution proves that the perpetrator abused a child under 15 years of age, caused serious bodily harm or death by the abuse, or committed the act in a particularly cruel and torturous manner.

What does this look like in practice? A case in which parents repeatedly beat their child, restricted his/her movement and denied him/her food resulted in a prison sentence of 6 years. The abuse of an elderly man by his own child, who denied him medical care and regularly physically assaulted him, in turn led to an 8-year prison sentence.

What helps in proving this?

Proving thecrime of abuse of a ward is often complicated. Victims often do not report violence out of fear, shame or economic dependence on the perpetrator. Minors and young children are even less likely to have the chance or courage to confide in someone to ask for help. Therefore, the following factors in particular play a key role in proving it:

• Witnesses: neighbours, family or friends who can confirm incidents of violence.
• Expert witnesses: psychological or psychiatric evaluation of the victim and the perpetrator.
• Documentation of incidents: photographs of injuries, medical reports or records of communications.

What role does each of us play in the abuse of a person in our care?

Each of us can be an important link in the chain leading to the disclosure of abuse. As soon as you have the slightest suspicion that someone may have been abused, take preventive action rather than underestimate the situation. Victims of abuse often need support to gain the courage to address the situation. Be supportive, offer help or put them in touch with professionals. Who all can help with disclosure?

• Neighbours: If you hear repeated shouting or suspect violence may be taking place outside your home, consider contacting the police. Remember your reporting obligation.
• Schools and doctors: Children often hide signs of abuse. However, teachers and doctors should pay close attention to a child if they notice bruises, behavioural changes or a neglected appearance.

The system offers protective measures

The Criminal Code and related legislation in the Czech Republic provide several options to protect victims of abuse of a person in their care. Their purpose is not only to stop ongoing violence, but also to minimise the risk of recidivism and to provide a safe environment for victims.

1. Eviction of the abuser

The police have the power to decide on the spot to evict the abuser from the home for a period of 10 days. This measure is urgent and aimed at the immediate protection of the victim. During this time, the victim has the option of seeking help, for example at an intervention centre, or applying to the court for an extension of the eviction.

2. Restraining order

The court may impose a restraining order on the offender, prohibiting him from approaching a specific distance, prohibiting him from contacting the victim, or prohibiting him from entering specified places (e.g. workplaces or schools). This prohibition can also be issued as a preventive measure if there is a risk of recurrence of violence.

3. Temporary restriction of parental rights

In cases of child abuse, the court may decide to temporarily restrict or suspend the parental rights of the abusive parent. If the child is in immediate danger, the child welfare authority (OSPOD) may remove the child from the home and provide alternative care.

4. Other measures

In certain circumstances, the offender may be sentenced to a suspended sentence with an obligation to undergo therapy or aggression management courses. The court may award compensation to the victim for the harm caused

In addition, every region in the country has an intervention centre where victims of violence can go for legal, psychological or social assistance. These institutions also actively cooperate with the police and the courts to protect victims.

Summary

Abuse of a ward is a serious crime involving physical, psychological, economic or social violence. Victims tend to be children, the elderly or persons with disabilities who are dependent on the perpetrator. According to Section 198 of the Criminal Code, the penalties for abuse of a dependant range from one to 12 years’ imprisonment, depending on the gravity of the offence. Abuse is distinguished from ordinary conflicts by its repetitive and systematic nature. Protective measures include eviction of the abuser or restraining orders. Prevention and awareness are key to combating the problem.