Sexual violence on the rise, victims mainly minors

In the last six years, 225 cases of sexual violence occurred in Kosovo, which were reported to the Kosovo Police. Last year, the largest number was reported, namely 58 cases, while in 2016 and 2017 there were 28 cases each. These cases are reported to the Kosovo Police as criminal offenses based on the Criminal Code of the Republic of Kosovo, of the chapter "Criminal offenses against sexual integrity".

Based on this chapter, it is said that the person, by words or behavior, expresses a lack of consent to perform the sexual act or to continue it, or when the victim's consent was obtained by fraud, intimidation or threats.

At the Institute of Forensic Medicine in Kosovo, up to 120 examinations of suspected cases of sexual violence are carried out within a year, says Arsim Gërxaliu, director of this institute.

"Their age is usually youthful, while she lower "It exceeds 50 percent within a year, due to child abuse or deception," says Gërxhaliu.

Berisha: The victims remain silent

Adelina Berisha from the Kosovo Women's Network, suspects that the number may be higher, as not all victims of sexual violence report the cases to the competent authorities.

However, she says that the largest number of victims of sexual violence are girls between the ages of 13 and 16.

"I think this is one of the main problems, the challenge of reporting, the stigma associated with being a victim of sexual violence, the social pressure that can be placed on a minor girl who may have been sexually abused. All these can influence a woman, especially when we are dealing with minors, that they remain silent and do not report the case", emphasizes Berisha for Radio Free Europe.

GErxhaliu: Victims are delayed for examination

Precisely because of the stigmatization of the victims by society, Gërxaliu emphasizes that even the cases for examination at the Institute do not come in time.

"On this issue, an education is needed, starting from school to institutions, so that cases suspected of rape are immediately sent to the Institute of Forensic Medicine, so that biological evidence can be obtained. So, they simply should not be delayed because we have a short time, within the first 24 hours the biological evidence must be extracted", says Gërxaliu.

Victims are re-victimized

Adelina Berisha says that sexual violence in Kosovo continues to remain a taboo subject and in certain cases the victim is re-victimized. For this issue, she considers that additional training is needed for officials in institutions that deal with this issue, to understand the sensitivity of this form of violence.

"Well, unfortunately, these norms or values, the mentality with which officials in institutions have been raised, can often hinder this work. We have had cases of incest, when social workers recommended the mother not to report the husband, the father of the girl who sexually abused the girl because they told her 'tomorrow no one will marry the girl if he understands the incident'", says Berisha.

In order to raise awareness of the possible situations that expose sensitive categories to the risk of being victims of sexual violence, the Institute of Forensic Medicine, says Gërxaliu, started a campaign last year, "Tell me in time". This campaign, in addition to raising awareness for prevention, he says, is also about biological evidence, because if there is no biological evidence, it is difficult to prove the perpetrator.

"This campaign should not be stopped, it should be continued with campaigns of this type. Sex education should start from a young age. People need to know that they can be exposed to this kind of violence. But it is also necessary that all other institutional structures know the role of the speed of bringing the case for examination", said Gërxaliu.

Up to 15 years in prison for sexual violence

In 2019, a total of 58 cases were resolved for the criminal offense of "rape and sexual assault", of which 12 were sentenced to prison and three were fined, the others were acquitted and rejected, the Council said in a response to Radio Free Europe Judicial of Kosovo. There are no data for 2020 yet.

In the Criminal Code of Kosovo, it is stated that "anyone who forces another person to perform a sexual act without the other person's consent, is punished with imprisonment of two to ten years".

While up to 15 years in prison, persons are punished if the act is accompanied or accompanied by torture or inhumane treatment, with weapons or dangerous tools; and when the perpetrator knows that the person is especially vulnerable because of age, mental or physical disability, disorder or pregnancy.

Adelina Berisha from the Kosovo Women's Network, meanwhile, hopes that the institutions of Kosovo will take this issue more seriously, especially after last September, the Assembly of Kosovo approved the Istanbul Convention, making it part of the Constitution of the Republic of Kosovo .

This convention is recognized in the world as a legal instrument for the prevention of violence against women and domestic violence, as well as for the protection of victims.

Criminal prosecution of violators is considered the basis of the convention.

According to the convention, it is the state's obligation to fully address violence in all its forms and take measures to prevent violence against women, protect victims and prosecute perpetrators.