The offence of domestic abuse occurs when the offender habitually perpetrate harassment conducts towards another subject that is dominated by such unlawful behaviours. This offence is characterised by a repeated physical and moral violence that determine victim moral pain and discomfort.

Regularity of the conduct

In order to determine domestic abuse offence, offender’s conduct must be habitual and repeated. Therefore, harassing behaviours shall take place through several acts that all together may constitute the domestic abuse offence. In fact, a single harassing conduct or a single violence episode might not be able to determine the domestic abuse offence.

Domestic abuse characteristics

In addition, domestic violence conducts must aim to inflict physical or moral suffering with the purpose of damaging physical or psychological integrity of the victim. The offence is determined whenever the offender is aware about the moral and physical suffering he/she is inflicting to the victim. Doing so, the offender creates an oppressive domestic environment where the victim experiences the destruction of his/her personality.

Another relevant component of the offence is the inevitable interconnection between all perpetrated conducts. In particular, all conducts must be regulars while aiming to overwhelm the victim. Subsequently, the absence of the regularity link between conducts causes the absence the offence itself. Moreover, a relevant component of the offence is victim’s status. In particular, harassing conducts must intimidate and put the victim in a state of psychological inferiority. Without this last component the domestic abuse offence cannot take place.

The absence of the inferiority state of the victim prevents to determine the domestic abuse offence. In fact, in the event the victim has reacted to offender’ conducts, there is no the psychological inferiority element that explains why the offence cannot take place.

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