Forensic Examination

Such responses do not deter the perpetrator, who may feel impunity to continue the abuse. Nor do they protect the victim or combat DV.

Recommendations:

1. Amend the RA Criminal Procedural Code, stating that in case of gender-based violence/domestic violence, the victim cannot be confronted with the perpetrator. Depositions and examinations must be conducted in separate rooms so that the victim and the perpetrator do not see each other and are unaware of each other’s presence at the police station;

2. Make amendments to the RA Criminal Code, stipulating special regulations on the grounds of termination of cases of domestic violence;

3. Organize in-depth DV training for inspectors to be able to interview victim in a sensitive, victim-centered approach.

Forensic Examination

The procedure and conditions of performing forensic examinations within the investigation is an important step to access justice by the victim. When a victim wants to press charges, she must undergo a forensic examination. The experience of this examination is described by victims as traumatic and humiliating. To date, all forensic doctors are male. The Ministry of Health must make an effort to recruit female forensic doctors in the system.16 No attention is given to the comfort and even the safety of the victim. Usually, for such an examination, a female nurse or social worker, even a friend, should be admitted in the examination room.

16 Interview with the representative of Women’s Support Center NGO

In one instance, Women’s Support Center NGO recounts how the forensic doctor, being in a rush, suggested that he perform the forensic examination in the room of a hospital’s doorman. Another discriminatory process is the virginity test in case of sexual violence, which is contrary to the international standards on human rights. In developed countries, victims of domestic violence or sexual assault do not have endangering or humiliating, intrusive gynecological examinations. Women’s Support Center NGO indicates that there were instances when even the Forensic report was manipulated to create doubt on the causes or severity of injuries. This raises questions if the system is bribed, corrupted or just unprofessional.

Recommendations:

1. Forensic examinations for victims of domestic violence and sexual assault must be provided professionally and with sensitivity;

2. Women doctors should be recruited for forensic examination and/or a woman should be present during the examination by a male doctor;

3. Forensic doctors must be trained on how to respond and treat GBV victims;

4. Basic training on GBV should be provided to forensic doctors.