In a significant legal case in Beijing, a 23-year-old woman, known by the pseudonym Xiaogu, faced a setback in her fight against domestic abuse. Her lawsuit against her mother, alleging long-term physical and verbal abuse leading to her depression and sleep disorders, was dismissed by the court due to insufficient evidence linking her condition directly to the alleged abuse. This case underscores the challenges in legally addressing mental abuse in China.
Xiaogu reported that the abuse, which began at a young age, was severe enough to require hospitalization on one occasion. In 2019, she was diagnosed with depression and sleep disorders, conditions she attributed to her mother’s treatment. The abuse led Xiaogu to move into a youth hostel in 2021, subsequently deciding to take legal action against her mother for infringing upon her rights to life, body, and health.
During the trial, conducted online in April of the previous year, Xiaogu displayed 43 awards from her past, arguing they disproved her being the cause of her mother’s behavior. Despite presenting medical records, photographic evidence of injuries, and audio recordings of the verbal abuse, the court ruled there was no conclusive proof of abuse or a direct causal link between her mental health issues and conflicts with her mother. However, the court did grant Xiaogu a domestic violence restraining order, barring her mother from further physical or verbal threats.
Following the trial, Xiaogu returned to live with her mother but maintained minimal contact. She has since become an online influencer, focusing on anti-domestic violence advocacy and supporting others in similar situations. Despite the cessation of abuse, Xiaogu acknowledges the lasting impact it has had on her mental health.
The case highlights the broader issue of recognizing and proving mental abuse in legal contexts. China’s first national Anti-Domestic Violence Law, enacted in 2016, included mental abuse in its definition of domestic violence, marking a significant step forward. However, legal experts like Tan Fang from the All-China Lawyers Association and Gao Lei from Beijing Dongwei Law Firm emphasize the difficulty in obtaining judicial evidence of mental abuse and raising awareness about verbal abuse as a form of domestic violence.
The case has brought attention to the challenges in identifying and addressing child abuse cases in China, as indicated by a report from the State Council and an online survey revealing that a high percentage of respondents admitted to physically disciplining their children. Xiaogu’s story and the resulting legal decision reflect the complexities and ongoing efforts in the fight against domestic violence, particularly mental abuse, in China’s legal system.
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