"The answers to these questions depend on the age of the perpetrator and the severity of his actions," says Nozim Abdullayev, Associate Professor in the Department of Criminal Law at RTSU.
If a stalker is under the age of 14, he will not be held criminally responsible according to the law. Instead, his parents will be held accountable.
If an incident involves threats or a fight that does not result in serious consequences, the parents may be held accountable under Article 90, "Failure to Fulfil Duties of Guardianship, Education, and Upbringing of Minors," of the Code of Administrative Offenses of the Republic of Tajikistan.
If the persecution involves repeated beatings or a threat to the victim's life or health, parents may face prosecution under Articles 174, "Failure to Fulfil Obligations on the Education and Upbringing of Minors," and 175, "Improper Fulfilment of Obligations to Ensure the Safety of Life and Health of Children," of the Criminal Code of the Republic of Tajikistan.
If a perpetrator is an adult, the motivation behind his actions becomes an important factor. For example, if he claims to have been trying to get to know the victim with the intention of marriage, he may not face punishment. According to Tajik traditions, the groom or his relatives often gather information about a potential bride through acquaintances and neighbours to assess whether she is suitable for marriage.
However, if it is determined that his intentions were violent in nature, a criminal case will be opened under Article 139, "Violent Acts of a Sexual Nature," of the Criminal Code of the Republic of Tajikistan.
When a report is made to the Ministry of Internal Affairs, the perpetrator will first receive a warning. If the actions are repeated, a criminal case will be initiated, and a protective order may be issued, prohibiting him from approaching the victim.
However, despite the laws, the situation of violence against women in Tajikistan remains difficult. Experts note that, for example, protective orders did not meet expectations: more than
80% of rapists violate them, while repeated violations and domestic violence are not punishable by law.