How to document the crime of sexual violence related to war?

Legal assistance and all processing processes of a crime are a huge amount of information, so I suggest you understand how to declare a sexual violence related to a conflict that requires, how the investigation will take place, which will be after court and human rights. who decided to give evidence. What is sexual violence related to conflict? It is a military crime, which is provided for in Article 438 of the Criminal Code of Ukraine.

Sexual violence related to the conflict includes: - rape, including vaginal and anal, penetration of a part of the body or object, or oral penetration of the genital body of both the offender and the victim; -threats and attempts of any form of rape or threats and attempts of other sexual attacks; - injury to women's genitals, including vaginal injury, labia, clitoris, breast and nipple injury, injury or cutting off male genitals, or other types of genital violence; - sexual slavery, including marriage or extramarital cohabitation; - sexual torture, such as compulsion to look at sexual abuse of a partner or child; - forced prostitution; - forced pregnancy; - forced nude.

Sexual violence during the war is a crime without a statute of limitations, a person who survived sexual abuse is usually in a serious psychological state. Therefore, to speak, and even more so to declare the police about what happened to it, can only after a certain period of time. Sexual violence committed in the conditions of armed conflict is an international crime, so it is not subject to the limitation period of prosecution.

No matter when a person declares a crime, the perpetrators can be held accountable. But it is important to understand that the sooner a person declares the crime, the easier it will be to collect evidence and establish the perpetrators of his committing. What do you need to document a crime in the police? Documentation of a crime can only occur on oral testimony of a person who has experienced sexual abuse. However, the presence of evidence can accelerate the prosecution of violers.

There are now different options for free legal support for those who have experienced violence. Medical opinion. To obtain such a conclusion, it is recommended to seek medical help for examination of the body, fixation of injuries, submission of analyzes to any medical institution. If possible, you should refrain from taking a shower or bath to doctors. BF "Strong" helps to find doctors who will be able to take the necessary evidence and fix everything as carefully and tolerantly as possible.

Evidence. If possible, it is better not to throw away, wear or wash the clothes in which the person was during rape. Clothes should be stored in a tightly closed bag. Keeping these things can be very difficult both psychologically and physically, but it is these evidence that can help specialists hold the perpetrators responsible. Information evidence. Any information about this terrible crime will help the investigation.

Therefore, if possible, write down (physically or in electronic format) what the violent (s) spoke what names, names, things were called. These can also be details that are visually/audio, screenshots of messages. This information will help investigators identify people who have committed crimes against Ukrainians and Ukrainian women. How is the evidence process? Documentation of the crime of sexual violence takes place in the police.

Everyone has the right to use the legal assistance of a lawyer who can accompany a person during interrogation and further communication with law enforcement agencies. Legal aid can now be received free of charge after contacting a professional organization or a free legal aid system. The person who survived sexual abuse is interviewed by a lawyer (s) for the police.

The survey protocol from a lawyer (s) must be attached to the crime statement in order to avoid repeated questions from investigators and prevent retraumatization of a person. The process of testimony is legally called interrogation, but in fact it is a conversation. First, the person tells his story, then the investigator asks the question to clarify the details. If there is information that a person does not want to talk about certain reasons - he has the right to refuse.

It is possible to apply to the police in any region of Ukraine, no matter where the crime was committed. Before the conversation, the investigator must explain the human rights, tell how the survey will be carried out, how this information will be used and who is transmitted. The investigator should note what means of fixing the conversation he will use - audio or video. The testimony may give this consent or may refuse audio or video.

There is a mechanism by which a person who survived sexual abuse can only testify. To do this, the interrogation may be conducted in court with an investigating judge, as a sound record, despite the fact that the case is not yet under the pre -trial investigation. In such a process, a person who survived sexual abuse will not re -testify at the trial stage.

If a person at the stage of pre -trial investigation was testified to the investigator, then the person can be repeated as well as within the trial. How will the evidence investigate take place? After applying for a crime of sexual violence, law enforcement agencies are obliged to open criminal proceedings and to initiate investigative actions to collect evidence.

Upon receipt of the testimony, depending on the circumstances of the case, other investigative actions are carried out that are necessary to collect evidence of a criminal offense. For example, examinations are prescribed and conducted, testimony (if any) is taken. After the collection of all the evidence of the criminal offense, an accused act is drawn to the court. What rights does a person be ready to document the crime? Human rights depend on what status it has in this case.

A person who survived sexual abuse and has acquired the status of a victim/th has the right to: - give evidence - to give or refuse to give them - to challenge decisions made in criminal proceedings - to use the legal assistance of a lawyer - to get acquainted with the materials of criminal proceedings , - on the use of safety measures for yourself and obtaining material and moral compensation caused by the offense; - to ensure safety in the event of a threat to his life and health.

A witness, that is, a person who knows certain circumstances is related to a crime, has the right:-to testify-to get acquainted with the interrogation protocol-has the right to refuse any testimony, provided that the latter concerns the witness himself, his members Families or close relatives - to ensure safety in the event of a threat to his life and health.

Is it possible to testify confidential? The application for a criminal offense, which will be filed without the name of the name, will not be registered and accepted. Accordingly, the person will not get the status of the victim/her. However, after the opening of the criminal proceedings, the victim or witness may take security measures to protect the personal data of such persons.

The decision on the application of security measures is made by the investigator, investigator, prosecutor, court in the proceedings of which are criminal proceedings. If we talk about the case in court, the court may decide to conduct the entire trial or a separate part of it at a closed session. Then the personal data of the persons who participated in the case will not be displayed in public access registers.

Also, people who are not participants in criminal proceedings will not be present during the trial. Is it possible to give up your testimony? A person who has survived sexual abuse has the right to abandon his testimony at any stage-from a statement of crime to law enforcement agencies to a case in court. At the same time, if a person is a victim of a crime of sexual violence related to conflict, then the rejection of testimony will not lead to the closure of criminal proceedings.

After all, this type of crime belongs to a public, not a private prosecution. In case of refusal of a person to give testimony and further refusal to assist the pre -trial investigation - criminal proceedings will continue. What will happen after court? If the court sentenced the person who found the person guilty but without the presence of the guilty, then the person is on the international wanted list.

After the identification of this person in another country, within the framework of international cooperation, its extradition may be carried out, that is, the issuance of Ukraine for further serving a sentence in our country. If the court ruled in the presence of the guilty person, its subsequent referral to the institutions of execution. Among other things, a person who is caused by a criminal offense is caused by material and non -pecuniary damage is entitled to his compensation.

To do this, it is necessary to make a civil claim at the stage of pre -trial investigation or when the accused act is transferred to court. How long can the pre -trial investigation process take? The duration of the pre -trial investigation, as well as court proceedings depends on the circumstances of the case, on which it is carried out, as well as on the available evidence and investigative actions.