IF YOU HAVE GOT INTO TROUBLE:
OPINION OF THE CRIMINALIST DOCTOR

Anna Vassilieva

According to the data of the criminal chronicle the number of rape cases in our country decreased noticeably during the last few years. Should we think, that this is a reason to be optimistic? What is really hidden behind these numbers?

It is generally known, that most of the victims of sexual violence do not go to the law-enforcement bodies. Why do they act like this? After I have wrote this sentence I felt that it would be more honest to put this question in the other way. Why do we act like this? Among my closed friends I know at least four women, who went through the sexual violence. Naturally, none of them have tried to put in an application for starting the criminal investigation. And their decisions do not surprise me. I would rather understand and share it. If I were in the same situation, I would find dozen of reasons, why do not do this and only one reason "pro" - the violence should be brought to a stop and therefore the criminal should be punished. Unfortunately, it is much easier to ratiocinate in such categories if it is concerning someone else but not you personally. In the latter case absolutely other feelings stay in the foreground.

Lately I was told a histoire amusante (in French - funny story, anecdote). Wife is coming home and says to her husband: "Darling, I have been raped". "Have a piece of lemon", - is his reaction. "Why for god's sake?! I have been raped!". - "You look too happy". I should mention that the person, who told me this story is a very intelligent, educated and married man. Here is one more story, now quite real. A girl is meeting accidentally her former schoolmate. They decide to go to his place to remember school years. They are having some wine and then "something has come over him". In a minute he regrets everything and is sorry, although he does not think, that he did something awful. What should be the reaction of the victim? Was it a rape? Would she go to police where they can make fun of her? Would they think, that she provoked him? A woman realizes, that she has to tell this story not once or twice: to the investigator, in court, to her relatives, friends, and colleagues. Is it not better to leave it as it is?..

There are a lot absurd questions, which are always asked by public opinion, and which should be answered by a woman - victim of sexual violence - to others or to herself. For example: "Why was she wearing a short skirt and walking alone so late? Why did she agree to be given a lift by a stranger? Would it be not better to stay at home keeping house as a respectable woman should do?". It's given a wrong impression, that in first place the victim should prove her innocence - not the violator should do. He is not asked any questions. Furthermore, the violator can attract public sympathy while persuading everybody, that woman provoked him, or that he was as much drunk that does not remember anything. We should be glad, that our court does not consider facts like those as extenuating circumstances.

However, the reality that is surrounding us depends not only on the bothering stereotypes of public opinion. We create reality by ourselves. Until violence will not be punished victim remains humiliated creature keeping her shame in secret, and the violator will act according to the principle "innocent until proven guilty". Woman can get up from her knees only then, when she will allow herself to feel burning hatred against her offender. Then she will wish to stop him. Nobody would dare to ask such a woman: why, what for? She will ask questions by herself.

The Russian Criminal Code considers the rape as one of the gravest crimes, punished with maximum 15 years' imprisonment. But at the same time, only approximately 10 per cent of all taken institute proceedings are ended up with bringing in a verdict of being guilty. The rest - 90 per cent - are deadlocked because of evidence's shortage or the victim herself is taking back her application. As a rule there are no eyewitnesses by a rape, therefore it is very difficult to prove the fact of the crime. The representatives of the criminal police admit it and they do not like to work with such cases. We are talking with Larissa Vassilievna Romanova, expert-gynecologist of the Criminal Medical Expertise by the Moscow Health Department about what actions should women suffered from sexual violence undertake in the first place to make investigation easier.

Larissa Vassilievna has been working as expert since more than 15 years. During this time very different women have been visiting her office. Russians, Ukrainians, Uzbekistani, Japanese and French women. Housewives, actresses and journalists, even police women and deputy's assistants. The youngest patient of Larissa Vassilievna was hardly one year old and the oldest - eighty years old.

Before Larissa Vassilievna begun to work as expert she was working as gynecologist in the maternity hospital. Today she still sees in women who are coming to her first of all her patients and tries to soften the consequences of the psychological trauma. In the West there are worked out and already used special technologies of social rehabilitation for victims of sexual violence. For example while medical examination of women specially qualified social worker is assisting to the doctor. As long as we do not have the same opportunities Larissa Vassilievna is assuming some of the functions of psychotherapist. From her own experience she knows that every woman has to be treated individually. For one it is better to show her that you feel sorry for her. For the other it is better to talk hard to her. This is the only way to bring her back to life.

To make the examination woman first has to get the resolution of the court. Therefore the first action for the victim of violence is to go to police. According to the Russian law the criminal investigation is to be started by the local criminal body where the crime took place. Therefore the woman has to go not to her local police department where she lives, but to the police department which is being in progress of the place where the crime did happen. An exception makes only the cases when woman herself does not know exactly where violence happened. For example if she was brought by car to a strange place. Lately the Medical Criminal Expertise of the Moscow Health Department opened the chargeable division. Any woman can come there without interfering police. It is very useful if woman is not sure yet whether she wants make an application to police or not.

Larissa Vassilievna recommends to all victims of sexual violence to be persistent while trying to be sent to the medical expert. On the contrary the valuable time will be lost. The best of all would be if the medical examination would be carried out on the first day after the rape. Than the probability of collecting of maximum evidences will be the highest. However the biological evidences of coitus might be found even after five days. On the expiry of this time the chances to find evidences will be approaching zero. The exceptions are the sperm stains on the cloth, which can remain there for a long time.

One more group of evidences, on which the investigation is based to prove the fact of rape, are consequences of the physical violence. Larissa Vassilievna tells, that, sometimes women who come to her do not suspect that there are traces of physical violence on their bodies. If the offender caught his victim rudely by hand, a little bruise might appear on the wrist, which stays there for approximately ten days. An experienced expert will diagnose exactly on color, form and other characteristics the time and reason of its appearance.

The main working principle of medical criminal experts is to examine woman from head to foot hoping to find any evidences. Unfortunately it is not happening at the common traumatological station. The main mission of the traumatological station is giving first aid to the victim. Mistakenly women think that the certificate from the traumatological station is enough for going to court. But the contents of the certificate will be most probably very poor and will not contain the full amount of evidences needed in court. In this case the court will send the woman to the expert however. This may happen in many months after rape when no evidences can be found. Naturally, that does not mean that the case will be closed by court automatically. But it will be more difficult to investigate this case.

In their practice experts are always confronting the fact, that most of women and representatives of other medical branches are not elementary informed how to ensure the most effective work of criminal medical experts. In this connection the most important task is to popularize information concerning different aspects of fight against sexual crimes. Such as crisis centers for victims of sexual violence, free-of-charge telephone hot lines. In spite of the fact, that the absolutely majority of them have been established not more than 5-7 years ago, their activities become more and more visible and effective.

Besides the direct immediate help to women, who experienced difficult psychological trauma, these organizations are accomplishing the task to exchange social opinion toward sexual violence as toward intolerable social phenomena. The oldest crisis center of Moscow "Sisters"¹ has realized in this year the program aimed at attraction of hospitals' and maternity welfare centers' workers attention to problem of sexual violence. Within the framework of the program legal, sociological and psychological consultations and trainings were organized. Particularly for medical personnel of maternity welfare centers and polyclinics consultations were made, where methodic of primary examination of women victims of sexual violence were presented, which allows determining all the injuries in corpora.

As a result of realization of this program different methodological recommendations for primary examination of victims of sexual violence were developed. There is a hope, that doctors will follow them in their every day practice. Now they have been stultified in a loose leaf to medical case history, which can serve as a prompting to doctors by examination. Its legal introduction is viewing by the Health Committee.

It is obvious, that the problems of sexual violence are more under control and attended than it was a couple of years ago. As a result more and more women victims of sexual violence go for help to law-enforcement bodies, which means criminal medical experts get more and more work to do. Today in Moscow- in a multi million megapolis - there is only one examination department with a very limited staff. But to solve the problems of sexual violence more effectively a lot of social institutions should join this process: law-enforcement bodies, medical workers, educational and cultural institutions, and social organizations. The structures participating in forming of public opinion and educating of young generation are playing the most important role in this process. It is very important to teach today's boys and girls to respect each other, to communicate freely, to find points of mutual understanding, just to live and be happy. This is the only way to build a harmonious violence-free society.