Professional Documents
Culture Documents
Saranzaya Gerelt-Od
To cite this article: Saranzaya Gerelt-Od (2023) The prevalence of officer-involved domestic
violence cases in Mongolia: From the perspective of support service providers, Asian Journal of
Women's Studies, 29:1, 45-68, DOI: 10.1080/12259276.2023.2186630
Article views: 84
ABSTRACT
This research empirically explores the pattern and prevalence of officer-
involved domestic violence associated with the enforcement of the currently
amended Law to Combat Domestic Violence in Mongolia. After a thematic
analysis of seven semi-structured interviews with service providers in
Mongolian national human rights and non-government organizations, three
main themes emerged regarding the relationship between officer-involved
domestic violence and the legal enforcement processes of criminalizing
domestic violence: (a) officer-involved domestic violence is more prevalent
than domestic violence committed by the general population in Mongolia,
(b) law enforcement poorly implements the domestic violence law, and (c)
officer-involved domestic violence is an intersectional issue exemplifying one
of the biggest oppressions to deal with. I argue the bidirectional nature of
this relationship: Not only do law enforcement officers’ attitudes contribute
to the poor implementation of domestic violence law, but police supervisors
contribute to the unsuccessful criminalization of domestic violence by
justifying their intimate partner violence under the name of police
reputation, maintaining a code of silence in the militarized police culture, and
weakening the criminal justice system.
KEYWORDS Officer-involved domestic violence; domestic violence; law enforcement sector; police
culture; law implementation; survivor experience
Introduction
Civil society organizations (CSOs) have been at the forefront in strengthening
democratic reforms in Mongolia since the 1990s. In particular, women-led
CSOs, including informal and formal women’s groups, associations, and net-
works, have been specifically combatting domestic violence (DV) issues up to
present. Under the socialist regime prior to 1990, CSOs were known as mass
organizations, including women-led CSOs. The term was reformed into non-
government organizations (NGOs) after the 1990s. Therefore, CSOs and NGOs
are interchangeable throughout this study, and women-led CSOs provide sig-
nificance because of their focus on DV.
Mongolia experienced a dramatic shift from a nomadic culture to modern-
ization in around half a century under the regime of the Soviet Union (1921–
1988), followed by three decades of democratic transition from socialism to a
free-market economy beginning in the 1990s (Baatarzorig et al., 2018; Buyan-
delgeriyn, 2008). With these two substantial transitions, Mongolia underwent
radical structural adjustments. The main highlights of these transformations
include Mongolia’s mining-based national economy, the emergence of a
multi-party system, the development of CSOs, and rapid population growth
(Tumursukh, 2018). Women-led CSOs advocated women’s rights, particularly
the right to be free from violence, and provided legal and psychosocial ser-
vices to survivors while lobbying policymakers to amend the DV law. As a
result, the Law to Combat Domestic Violence (LCDV) was amended to con-
sider DV as a crime in 2016.
DV, including intimate partner violence (IPV), is widespread in Mongolia,
where one in every eight couples receives IPV injuries yearly in the capital
city of Ulaanbaatar, resulting in long-term psychological and physical harm
causing disabilities and even death (Emery et al., 2015). A 2009 study found
that around 37.7% of participants had experienced DV in the last six
months, including physical (18%), emotional (22%), sexual (10%), and
financial abuse (6.9%) (Oyunbileg et al., 2009). Despite achievements made
in the legal system, LCDV has been poorly implemented due to key gaps in
legislative and patriarchal social norms. A study on the implementation of
the newly amended LCDV demonstrated that law enforcement officers ident-
ify DV cases differently between two legislations: the Petty Offence Law and
the Criminal Code (Association of Mongolian Criminologists, 2020). In the
Petty Offence Law, an act of DV is considered a petty offense when constant
abuse is not applicable. In contrast, if elements of the DV act include constant
abuse, it is considered a crime. Nevertheless, the lack of guidance in the law
enforcement unit creates uncertainties when discerning between a petty
offense and constant abuse (Association of Mongolian Criminologists,
2020). This gap is an obstacle to law enforcement officers’ intervention,
especially in IPV cases. From 2017–2019, registered DV crime in Mongolia
decreased significantly, with only 5% of DV acts categorized as a crime. DV
offenses were recorded for 95% of all registered DV calls, indicating that
many DV offense cases failed to be considered a crime during the investi-
gation process conducted by law enforcement officers.
Another critical point regarding the poor implementation of DV law arises
when law enforcement officers are themselves perpetrators of DV/IPV. This is
also referred to as officer-involved in domestic violence (OIDV). In these cases,
DV is more likely to be hidden, and with survivors rarely seeking help or
ASIAN JOURNAL OF WOMEN’S STUDIES 47
reporting the incident to the police (Oehme et al., 2016; Prost et al., 2020).
OIDV appears to be directly linked to men and masculinity issues, primarily
on militarized masculinity, since law enforcement sectors were established
in patriarchal, male-dominated, para-militarized, and highly bureaucratic cul-
tures (Ging, 2019; Perets & Vidmar, 2021). Carefully designed procedures for
OIDV cases are much needed in law enforcement because officers have extra-
ordinary power within the justice system (Oehme et al., 2011). In Mongolia,
there has been no formal data available yet, including research-based
studies on OIDV and its connection to the poor implementation of LCDV.
However, voices of women-led CSOs raised their concerns among their
network. Therefore, this research explores another gap to contribute to the
efficient implementation of LCDV by examining OIDV patterns and preva-
lence in Mongolia using CSOs’ work and interviews with social workers, psy-
chologists, legal practitioners, and advocates.
This study analyzed the poor implementation of DV law in Mongolia using
semi-structured interviews of those who have been working in the system of
implementation of LCDV. These interviews also resonate with Crenshaw’s
(1991) theory on the intersectionality of oppressions, namely gender, race,
disability, or other social statuses that intersect to bring survivors into the
more vulnerable situation of DV. Furthermore, because there is a significant
social, cultural, economic, and legal difference between rural and urban
areas in Mongolia, Crenshaw’s (1991) intersectional approach is needed to
prioritize the safety of the survivors. Therefore, this research examines the
extent to which DV intersects with social oppression in Mongolia. Specifically,
DV within a law enforcement officer’s family is one type of oppression in
which survivors rarely achieve justice. This research provides an opportunity
to identify the current pattern of OIDV incidences and the historical struggle
of the women’s rights movement for legislative changes that seek justice for
survivors who experience prolonged DV and accountability of the perpetra-
tors. Given the lack of academic perspective on this issue in Mongolia, this
research begins by examining existing literature on OIDV conducted in the
United States. The findings and conclusion of the study illustrate the chal-
lenges to address a gap in relation to LCDV and OIDV by drawing on the
experiences of service providers working in the CSOs that advocate for
women’s rights and the elimination of violence against women in the
country.
Literature review
Prevalence of OIDV and police culture
DV/IPV is well-documented and globally recognized as a significant social
issue impacting survivors’ physical, economic, sexual, and mental well-
48 S. GERELT-OD
being for a lifetime (Ferrari et al., 2016; Prost et al., 2020). Nevertheless, esti-
mating the prevalence of OIDV has been challenging and invalidated due to
the considerable variability of research methodologies and imprecise objec-
tives since the 1990s (Garvey, 2015; Mennicke & Ropes, 2016; Oehme et al.,
2011). A very first estimation of the occurrence of OIDV towards both intimate
partners and children in the United States was approximately 40% among law
enforcement officers (Johnson, 1991), a much higher rate than demonstrated
in the general public (Goodmark, 2015; Lonsway, 2006). Later studies indi-
cated that the rate of OIDV ranges from 4.8% to 40% (Mennicke & Ropes,
2016, p. 7). For instance, a 1992 study found that 28% of male officers
reported physically abusing their partners (Neidig et al., 1992). In a 1999
study, 7% of Baltimore City police officers acknowledged pushing, shoving,
grabbing, or hitting a partner (Gershon, 1999), and in a 2000 study, 10% of
officers surveying reported that they slapped, punched, or somehow
injured their spouses (Ryan, 2000). A 2005 survey of 475 police spouses
revealed that 60% of them had experienced both verbal and physical vio-
lence due to authority spill over and work-related burnout (Johnson et al.,
2005). Data from arrested officers of OIDV cases indicated that 40% of
cases were considered simple assaults; however, behind this percentage,
officers were mainly charged with lesser or minor offenses that could be a
severe incidence (Stinson & Liederbach, 2013).
The greatest challenge to determining the accurate prevalence of OIDV is
obtaining reliable resources and conducting comprehensive surveys among
officers within the law enforcement system due to its unique culture and
risk factors (Garvey, 2015; Goodmark, 2015; Johnson, 1991; Mennicke &
Ropes, 2016). In the last thirty years, most research heavily relied only on
anonymous self-report surveys that were taken during conferences or
police trainings (Mennicke & Ropes, 2016). Some criminal justice scholars
posited that a self-reported survey is a problematic and limited measurement
to determine concrete OIDV prevalence because there is a strong tendency
for police officers to conceal the incidence of their own family violence
through using their power of authority and maintaining a “code of silence”
to protect their careers (Goodmark, 2015; Stinson & Liederbach, 2013). In con-
trast, few researchers argue that anonymous self-report data are the only
option to identify OIDV prevalence rather than any other official reporting
measures in the law enforcement sector (Mennicke & Ropes, 2016). Recent
studies revealed that law enforcement officers are more likely to report
fellow officers’ OIDV incidences if they are well-trained for DV training
(Johnson & Dai, 2016), particularly with dynamic of OIDV cases included in
this training initiated by the police supervision and administration (Saunders
et al., 2016). Among these existing self-reported surveys, many officers stated
that they witnessed their colleagues abusing their intimate partners, most of
whom were also underreported (Russell & Pappas, 2018; Ryan, 2000).
ASIAN JOURNAL OF WOMEN’S STUDIES 49
police supervisors who are responsible for maintaining that attitude and
culture (Patton, 1993).
to prevent potential OIDV incidence among police families (Prost et al., 2020;
Zavala et al., 2015). Police supervisors also play a crucial role in addressing
OIDV issues within the department by encouraging and working more effec-
tively with their colleagues to help OIDV survivors (Saunders et al., 2016).
Survivors of OIDV
The invisibility of OIDV prevalence was also revealed from survivors’ experi-
ences in officers’ families. Survivors of OIDV encounter multiple barriers
(Oehme et al., 2012; Oehme et al., 2016; Prost et al., 2020; Wetendorf, 2004,
2014, 2015). They rarely receive legal assistance in response to DV since
their partners are officers who are engaged in the DV legal procedures.
Law enforcement officers, including police officers, patrol officers, and correc-
tional officers, know the location of shelters and DV reporting procedures
well, so they may easily manipulate cases (Wetendorf, 2014, 2015).
Likewise, it is difficult for survivors to prove to the police that they have
been abused by their officer partner (Wetendorf, 2015). The offending
officers are often highly skilled for the evidences and trained batterers of
DV/IPV (Garvey, 2015). According to most DV laws, the victim should show
some evidence of abuse to the police, such as bruises or injuries (Oehme
et al., 2011). However, survivors may have nothing to prove because
offending officers know how to abuse them using non-lethal techniques in
which injuries are not visible to everyone (Wetendorf, 2004). Most OIDV
cases are manipulated by the offending officer to be dropped. It is even
more problematic when cases are successfully reported and prosecuted.
The OIDV crime becomes a “he said, she said” situation as case is revealed,
and confidentiality is compromised within the criminal justice sector (Weten-
dorf, 2015). Therefore, survivors must endure these cases on their own (L.
Johnson, 2010; Wetendorf, 2015).
Most survivors only approach informal support services, like police families
or local non-governmental organizations (NGOs), when abuse situations
become unbearable. Unfortunately, abusive police officers can track their
partners using modern digital technology, such as GPS, or confidential infor-
mation not accessible to the general public (Garvey, 2015; Wetendorf, 2014,
2015). Hence, the security of service providers in informal support services
becomes compromised when they help survivors of OIDV (Goodmark,
2015; Wetendorf, 2014). In these cases, legal advocates need to warn survi-
vors that more effort and resistance will be required compared to general
DV/IPV cases (Wetendorf, 2014).
Theories related to OIDV are well-developed and well-studied among crim-
inal justice scholars in the United States, but their relationships with other
criminal justice sectors, such as prosecution, court, and correction sectors,
have rarely been studied. Despite the various research methodologies
52 S. GERELT-OD
applied to identify the prevalence of OIDV, most scholars have shown that
OIDV prevalence is higher or at least similar to the general population due
to the police culture and police authority.
No studies have yet focused on OIDV from the perspective of informal
support services, particularly NGOs that provide comprehensive services to
survivors. However, Wetendorf’s findings (2004, 2014, 2015) demonstrated
the importance of advocates’ work to support OIDV survivors, including
their challenges and guidelines working on OIDV cases in the criminal
justice system. Goodmark’s (2015) findings that those officers who use vio-
lence at home could not successfully enforce the criminalization of DV in
the general population must also be considered (Goodmark, 2015). Both
scholars reveal the complicated dynamic relationship between DV agencies
and law enforcement sectors when encountering OIDV incidences.
Therefore, it is vital to have an informal support service for survivors of
OIDV and, most importantly, informal independent networks not within the
law enforcement system that can identify the prevalence of OIDV from
outside. No study has examined informal support services and their networks
to identify OIDV prevalence and help OIDV survivors in Mongolia. To fill this
gap, this research examines the intersection between OIDV prevalence and
criminalization of DV by law enforcement officers as the result of an empirical
qualitative study conducted with human rights defenders who work in NGOs
in Mongolia.
Methods
Data collection
Based on semi-structured interviews conducted through zoom calls lasting
between one to two hours, qualitative data were collected in July 2021
from seven individuals (one male, six females), including psychologists,
legal advocates, and rights advocates working in various human rights organ-
izations in Mongolia which operate at a national level. The interview partici-
pants were selected based on their lifetime commitment and experience
working directly with DV/IPV victims, direct involvement with the LCDV, crim-
inal justice system, and on their experience witnessing OIDV in the system. All
of them have been advocating for DV related laws and policies for 14–26
years in Mongolia. To ensure the safety and confidentiality of the participants,
P1–P7 were used as codes in the interview quotes used in the findings of the
study.
The participants provided informed consent, and the study’s protocols and
ethical code of conduct were carefully reviewed and approved by the Univer-
sity of Sussex’s Social Sciences and Arts Cross-Schools Research Ethics Com-
mittee. They were asked open-ended and reflective questions to help them
ASIAN JOURNAL OF WOMEN’S STUDIES 53
critically reflect on their work in the past and present on OIDV issues.
However, they were not asked about survivors’ particular cases nor their per-
sonal experiences and information.
The participants’ experiences in providing social, legal, and psychological
support for DV survivors, documenting DV cases (including OIDV), and advo-
cating for legislative changes for at least a decade helped to identify OIDV
prevalence in Mongolia through this data collection. Moreover, the research-
er’s vast practical experiences working in a women-led CSO in Mongolia facili-
tated and strengthened the data collection process of the study based on
trust and network. Although the current study presented compelling
stories on OIDV prevalence in the country for future researchers, the lack of
direct engagement from the law enforcement sector in Mongolia is a signifi-
cant limitation for the research.
Data analysis
The interview questions were developed following a comprehensive litera-
ture review on OIDV and related subjects such as police culture and mascu-
linity, police work and stress, OIDV survivors’ experience, and criminalization
of DV. The questions intentionally focused on specific aspects relating to
service providers from local NGO services for survivors, such as social, legal,
and psychological services associated with Mongolia’s current amended DV
law. The thematic analysis using Braun and Clarke’s (2006) six-step guide
extracted sub-themes from the semi-structured interviews to determine the
prevalence of the OIDV cases.
This study also integrates the theoretical frameworks of Goodmark’s
linkage of OIDV and criminalization of DV (Goodmark, 2015) and Crenshaw’s
(1991) intersectional approach on violence against women with consider-
ation of certain social statuses, including gender, race, disability, and location
in the coding of transcripts. Once initial codes were produced across the data
set, they were then collated into potential themes. An ongoing analysis of
themes, extracts that illustrate each theme’s significant patterns, and their
relationships were included in the research findings.
Findings
In the interviews, participants described the OIDV incidences through their
working experiences with survivors of DV, the cooperation and relationship
with the law enforcement sector, and the historical struggle of the legislative
changes on DV. Three main themes emerged from the thematic analysis of
participants’ stories, which illustrate the relationship between OIDV and
poor implementation of DV law in Mongolia: (a) Higher prevalence of OIDV
compared to those committed by the general population, (b) Poor
54 S. GERELT-OD
Sporadic cases were successfully registered for further legal proceedings but
were dismissed due to insufficient evidence. P4 emphasized that evidence
can be difficult to find because perpetrators are highly skilled in non-lethal
techniques and legal evidence when abusing their partners. For example,
These cases are unique in terms of evidence. Offending officers leave no trace
behind. They use various techniques when they use violence at home. They put
the radio and T.V. sound very loud when they abuse their partners, so their
neighbors never hear of it. They wrap their partners in a blanket and then hit
and punch them outside the blanket, leaving no bruises. These days, they
track our clients using GPS and get information from mobile devices, bank
ASIAN JOURNAL OF WOMEN’S STUDIES 55
accounts, and car locations. All these actions result in substantial psychological
abuse and fear for survivors. Hence, survivors themselves take back their claims
at the first step. Alternatively, filed cases can be dismissed at any stage by a pro-
secutor or judge. (P4, personal communication, July 6, 2021)
Consequently, some survivors never call the police because they know that
the system sides with abusive police partners against their claims. Survivors
have no trust in the criminal justice system because of the abovementioned
issues. They only seek help from informal support services when their lives are
in danger. Several participants (P1 and P2) described this as follows:
It takes more time to build trust in survivors of police families than survivors
from non-police families. They usually found our services from their friends
and colleagues, never from the official resources. One of the reasons survivors
approach us is to leave their will letter or provide some evidence. They
requested us to show their will letters as evidence later if she dies at the
hands of their officer partners. We document these violations in our data
system as service providers rather than pushing them to report. (P2, personal
communication, July 2, 2021)
Most resolved cases or sensational news regarding OIDV are problematic. Par-
ticipants described that most of the resolved OIDV cases were resolved by
ordinary citizens rather than police officers. The desire to maintain police
reputation often results in underreporting OIDV cases. P4 mentioned this
below:
Dealing with this issue in this sector is shameful. Law enforcement agencies or
police departments just fired the offending officers during the criminalization of
the DV proceeding. They just escaped from publicly released OIDV cases instead
of addressing this issue systematically in the law enforcement sector. Therefore,
we never know how many actual OIDV cases happened, were reported, and
resolved. It has always been invisible to us. (P4, personal communication, July
6, 2021)
P3 who used to work in the law enforcement sector described OIDV similarly:
We have a 2013 study on police work stress and challenge conducted by the
police research center in the police department. From this study, around 30-
35% of police officers responded that they have family disputes, including
financial problems and work stress. This message tells us that OIDV prevalence
is at a high level of danger in Mongolia. Unfortunately, these data were not
reflected clearly in this study for some reason, only included as an annexed
file. OIDV cases are hidden at all stages. Police misconduct became hidden in
the police department, and prosecutors’ misconduct became hidden in the pro-
secution—the same as in the courts. (P3, personal communication, July 2, 2021)
The interviews illustrated that identifying OIDV prevalence has been limited
by factors of police bonding, such as a code of silence and police authority
in the police culture. In addition, participants warned that DV is much
more prevalent not only among police officers, but in prosecutors, judges,
correctional officers, border troops, and soldiers in Mongolia.
these laws effectively when they encounter DV cases. Unfortunately, they tend
to be applied to only individual DV legislation. Second, there is considerable
confusion in addressing DV in the legislation between crime or offence. The
law does not consider it as a crime unless the nature of the case is constant
abuse. There are no explicit provisions on what DV offence or DV crime are.
Thus, DV incidences are more likely to be addressed by law enforcement
officers’ discretion. Lastly, when we talk about police discretion, we have to
think about the culture of this sector as patriarchal and holding toxic masculi-
nity in where violence has been constantly promoted. So, police officers’ atti-
tudes still view DV as a private matter rather than a crime. (P7, personal
communication, July 10, 2021)
Another two participants (P1 and P4) mentioned that law enforcement
officers’ gender sensitiveness and negotiation skills towards working with
survivors are lacking:
I wonder why police officers are always aggressive and commanding all the
time. At least they should improve their communication and negotiation
skills when they work with non-violent events. They have no skills on how to
communicate with survivors. They are usually rude and commanding when I
bring survivors who experience marital rape or sexual violence to the police
department. They ask survivors many sensitive questions in front of many
people in the room. They have no sense at all. In this matter, survivors are
scared to say anything. (P1, zoom call, July 1, 2021) (P4, personal communi-
cation, July 6, 2021)
Moreover, the victim and witness protection independent unit named “Takariin
alba” was liquidated in 2017, and instead, over 25 shelters for victim protection
were established nationwide under the supervision of the police. It is good to
have increased the number of shelters, but under the police supervision is
not ensuring its confidentiality and independence. Thus, OIDV cases cannot
be addressed, nor law enforcement officers’ misconduct as well. Some survivors
do not trust the state’s shelter, especially when law enforcement officer-
involved cases. I remember people requested to bring survivors to our
shelter when a police father raped his daughter because they do not trust gov-
ernment-controlled shelters when officers are involved in a crime. (P4, personal
communication, July 6, 2021)
In this case, law enforcement capacity is lacking not only in their law enforce-
ment officers’ attitudes and behaviors but also in strong leadership, solid
strategies, and commitment to effectively enforce the LCDV at the
decision-making level.
Lastly, the third critical dimension that intersects OIDV survivors’ experience is
that those who help OIDV survivors are also at a double risk. Legal advocates
(P2 and P7) shared their stories on how their security was in danger when
they work with OIDV cases:
The significant difference for OIDV cases from non-police families is that human
rights defenders face enormous pressures and risk their life just like their clients.
I received many threats from my clients’ abusive partner officers. Namely, some
of them took my pictures, printed them along with his wife’s photos, and sent
them to us with a threat letter. I reported this threat to the police, and the crime
scene investigator identified my client’s abusive officer wrote that letter. But
this case was closed due to the expiration of the statute of limitations. For
another OIDV case, some high-ranking lawyer in the criminal justice institution
called us and tried to influence us to drop the case. They said to us that “I know
this person very well. Do not ruin his honor of badge and career in the law
enforcement sector. He is my friend and classmate. I know that he never
abuses his partner, so this time, please drop the case.” In this regard, our
work is also in danger in relationship with other government agencies as
60 S. GERELT-OD
well. Thus, most of the advocates are hesitant to work with these cases. (P7, per-
sonal communication, July 10, 2021)
with previous studies’ findings (Lonsway, 2006; Oehme et al., 2016; Weten-
dorf, 2015).
This research examined the Mongolian context and culture, supporting
Wetendorf’s (2004, 2015) findings on OIDV survivors’ isolated experiences
for advocates and Crenshaw’s finding on intersecting women’s multiple
oppressions to violence (Crenshaw, 1991). Most participants highlighted
the significant difference between rural and urban areas in Mongolian
social, political, and economic life when providing services for DV survivors.
The long-term transition from a centralized economy to a democracy with
a free-market economy aggravated existing unequal class segregations
between rural and urban (Tumursukh, 2018), which was associated with
internal migration and poverty. Social infrastructures, services, and economic
adjustments, including health and education facilitation and structure of the
law enforcement units, have rarely improved after the collapse of the Soviet
Union (Baatarzorig et al., 2018). Consequently, rural women face more
dangers than urban women when they experience violence in the country-
side due to limited access to services.
Furthermore, nomadism is an essential part of herder families’ culture in this
country, which may prevent DV survivors from receiving urgent services in rural
areas. If DV perpetrators are law enforcement officers in such small commu-
nities, there is no justice or space for survivors in the nomadic culture where
patriarchal norms are deeply entrenched. Service providers in the city who
are assigned to work in the countryside fail to see the survivors’ dynamic
experience of intersecting geographical location, rural culture, and perpetra-
tors’ positionality when facing DV cases. Rather than recognizing survivors’
multiple types of oppression rural areas, service providers, including police,
social workers, and doctors, have a strong tendency to victim-blame. If the
DV case is severe enough to prosecute, service providers may insist on provid-
ing services to them like they provide services for survivors in the cities. That
may be too radical and sudden for rural women who feel more pressured.
Another critical dimension of oppression for survivors experiencing DV in
police families is that those who try to help them are also at double risk.
Human rights defenders and service providers working in NGOs face enor-
mous challenges when helping OIDV survivors as compared to providing ser-
vices for DV survivors from non-police families. They receive threats from
officers and are pressured to jeopardize the cases by local partners, such as
law enforcement, bar association, and court officials. Their shelters have
been further attacked multiple times. In this regard, criminal justice
experts, including police supervisors, police officers, investigators, advocates,
prosecutors, and judges, must work collectively for the sake of victim safety
and offender accountability (Garvey, 2015), and an intersectional approach
to the survival experiences of DV in the Mongolian context must be taken
in order to implement LCDV successfully.
ASIAN JOURNAL OF WOMEN’S STUDIES 63
Acknowledgements
I would like to sincerely thank all the participants in Mongolia who shared their invalu-
able experiences and stories from a local NGO perspective. These are stories that
demonstrate the historical struggle of women’s movements and organizations for leg-
islative and transformative changes in the context of freedom from violence.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes on contributor
Saranzaya GERELT-OD is a gender specialist, feminist and human rights advocate spe-
cializing in women’s and girls’ rights, social justice, and gender-based violence. She
has worked with civil society and development organizations in Mongolia for over
10 years. She conducted this research during her postgraduate studies in Gender, Vio-
lence and Conflict at the University of Sussex in the UK. Email:
saranzaya.gerelt@gmail.com
ORCID
Saranzaya GERELT-OD http://orcid.org/0009-0005-6221-0913
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ASIAN JOURNAL OF WOMEN’S STUDIES 67
ABSTRACT IN MONGOLIAN
Энэхүү судалгаа нь Монгол Улсад шинэчлэгдсэн Гэр бүлийн хүчирхийлэл
(ГБХ)-тэй тэмцэх тухай хуулийн хэрэгжилттэй холбоотой хууль сахиулах
байгууллагын албан хаагчдаас (хууль сахиулагчид) гэр бүлийн хүчирхийлэл
үйлдэж байсан нөхцөл, хэв шинж, тархалтыг эмпирик байдлаар судалсан.
Монгол Улсад хүний эрхийн чиглэлээр ажилладаг үндэсний хэмжээний
төрийн бус байгууллагуудын үйлчилгээ үзүүлэгчидтэй хийсэн (хагас
бүтэцтэй сэдэвчилсэн) ярилцлагын үндсэн дээр хууль сахиулагчаас үйлдсэн
ГБХ болон ГБХ-ийн хуулийн хэрэгжилтийн үйл явц, тэдгээрийн хоорондын
уялдаа холбоог тодорхойлвол дараах дүгнэлтэнд хүрэв. Үүнд: (а) хууль
сахиулагчаас үйлдсэн ГБХ нь нийт хүн амын үйлдсэн ГБХ-ээс илүү байна,
(б) хууль сахиулах байгууллагын чадавх, хандлага дутмагаас ГБХ-тэй
тэмцэх тухай хуулийн хэрэгжилтэд сөргөөр нөлөөлж байна, (в) хууль
сахиулагчаас ГБХ үйлдсэн нөхцөл нь огтлолцлын асуудал бөгөөд энэ
төрлийн хэргийг шийдвэрлэхэд саад болж буй гол хүчин зүйлүүдийн нэг
юм. Энэ нь дараах байдлаар нотлогдож байна. Үүнд: Хууль сахиулах
байгууллагын ажилтнуудын ГБХ үйлдсэн хандлага нь ГБХ-тэй тэмцэх тухай
хуулийн хэрэгжилтэд муугаар нөлөөлөөд зогсохгүй, цагдаагийн удирдах
албан тушаалтнууд хамтрагчийн зүгээс үйлдсэн хүчирхийллийг зөвтгөж,
гэмт хэрэг гэж авч үзэхгүй нуун дарагдуулахад хувь нэмэр оруулж байна.
68 S. GERELT-OD
KEYWORDS хууль сахиулагчийн үйлдсэн гэр бүлийн хүчирхийлэл; гэр бүлийн хүчирхийлэл;
хууль сахиулах салбар; цагдаагийн соёл; хуулийн хэрэгжилт; даван туулагчийн туршлага