What to Do When a Stepfather or Stepmother Commits Violence Against a Stepchild?

In recent years, the incidence of divorce in our country has been quite high; local courts almost daily receive several civil cases requesting divorce settlement. From a positive perspective, divorce can free spouses from a state of conflict and domestic violence; however, from a negative standpoint, it affects the psychology of the children, especially minors.

Children are the most vulnerable individuals; when parents separate, they inevitably lose a part of their emotional support as well as direct care, nurture, and education. There are numerous cases where remarriage leads to children facing discord with their stepmothers or stepfathers. If, in addition to a lack of parental affection, they suffer daily abuse or violence from their stepparents, what recourse do these children have?

According to Article 2 of the Law on Domestic Violence Prevention and Control, acts of domestic violence are understood as:

- Torture, maltreatment, beating, or other intentional acts that harm health or life;- Insulting or other intentional acts that offend dignity and honor;- Isolating, expelling, or exerting psychological pressure regularly causing severe consequences;- Preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between parents and children; between husband and wife; between siblings;- Forcing sexual relations;- Forcing early marriage; forcing marriage, divorce, or hindering voluntary, progressive marriage;- Appropriating, destroying, smashing, or intentionally damaging private property of other family members or shared property of family members;- Forcing family members to work excessively, contributing financially beyond their capacity; controlling the income of family members to create financial dependence;- Engaging in unlawful acts forcing family members out of their residence.

Additionally, Article 8 of the Law on Domestic Violence Prevention and Control prohibits the following actions:

- Coercing, inciting, encouraging, or assisting others to commit acts of domestic violence;- Using, disseminating information, images, and sounds to incite domestic violence;- Retaliating, threatening to retaliate against those helping victims of domestic violence, those who discover, report, and prevent acts of domestic violence;- Obstructing the discovery, reporting, and handling of domestic violence acts;- Exploiting domestic violence prevention activities for illegal gain or conducting unlawful activities;- Shielding, condoning, or not handling, handling unlawfully acts of domestic violence.

Domestic violence is neither a new nor an old story; it continues to occur daily. There are many incidents of violence and beating of stepchildren that even family members are unaware of. Many parents know but choose to remain silent, which leads to unforeseen consequences: deteriorating family relationships, stepchildren being habitually beaten by their stepparents, deteriorating health, and even threats to their life. Particularly, abused children may gradually become "depressed," nurturing feelings of hatred towards their stepparents, which over time may turn into a desire for "revenge."

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In every relationship and under any circumstance, children have the right to be protected, cared for, and educated. Regarding the relationship between stepfathers, stepmothers, and the spouse's children, the Law on Marriage and Family 2014 provides: Stepfathers and stepmothers have the rights and obligations to look after, nurture, care for, and educate the other spouse's children living with them as their own biological children. Conversely, stepchildren have the rights and obligations to care for and support their stepparents living with them as their biological parents.

Acts of violence by stepfathers or stepmothers against stepchildren violate the law and social ethics. When such cases are detected, we must speak out.

If you are a victim of domestic violence, you have the rights to:

- Request authorities, organizations, or competent individuals to protect your health, life, dignity, and other legitimate rights and interests;- Request authorities, or competent individuals to apply preventive measures, protection, and prohibition from contact according to the Law on Domestic Violence Prevention and Control;- Access medical services, psychological counseling, and legal advice;- Have temporary shelter arranged, kept confidential, and other information protected in accordance with the Law on Domestic Violence Prevention and Control;- Provide relevant information about domestic violence to authorities, organizations, and competent individuals upon request.

If you discover an instance of such violence, you must promptly intervene and stop these violent acts and report them to competent state agencies (People’s Committee or local Police) for intervention and resolution.

Depending on the severity of the violation, domestic violence acts may be subject to administrative penalties according to Decree 167/2013/ND-CP or criminal liability under the Penal Code 1999. Remember that this is a legal violation, and if you allow it to continue, you may also become an accomplice and be subject to legal proceedings.

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