Belarus: State protection available to female victims of rape and assault

A 9 November 2000 report entitled Women 2000: An Investigation Into the Status of Women's Rights in the Former Soviet Union and Central and South Eastern Europe, published by the Vienna-Based International Helsinki Federation For Human Rights (IHF), states that in Belarus,

Article 115 of the Criminal Code states that "rape, i.e. sexual intercourse using physical violence, threats or exploiting a victim's defencelessness, is punishable by imprisonment for three to seven years. Rape committed by a person who was previously convicted for the same crime is punishable by five to ten years' imprisonment. Rape committed by a group of persons or the rape of a minor is punishable by imprisonment of five to fifteen years. In the event that the rape was committed by a particularly dangerous habitual offender, or in the event that the rape resulted in severe consequences for the victim, or involved the rape of a child, a punishment of imprisonment from eight to twenty years or life imprisonment is prescribed by law". The Criminal Code also punishes other acts of a sexual nature. Article 167 declares that sodomy, lesbian sexual relations or other acts of a sexual nature committed against a victim's will through violence or threats to employ violence, or by exploiting a victim's defencelessness, are punishable by the restriction of one's freedom for up to four years, or imprisonment for three to seven years. If the same offence is committed under aggravating circumstances, imprisonment may be imposed for up to fifteen year

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There are no specialised departments within the police or prosecutor's office to handle cases of rape and the police and prosecutors do not receive any special training on the issue, except when improving qualifications at courses and seminars. Rape is investigated in the same manner as other serious crimes. Article 106 of the Code of Criminal Procedure stipulates that legal proceedings in cases of rape may only be initiated upon a victim's complaint. The article states that "proceedings in cases of rape, specified in Article 115 of the Criminal Code, are instituted only upon receipt of a complaint by the victim, and will not be closed simply upon the reconciliation of the victim with the perpetrator". In exceptional cases however, if the victim's defencelessness was taken advantage of, or if the victim was dependent on the perpetrator, or if the victim is not able to defend her rights and lawful interests for other reasons, the prosecutor has the right to initiate legal proceedings even if the victim does not lodge a complaint. Proof that the rape did in fact take place may include testimony from the victim, the alleged offender, and witnesses as well as the findings of forensic-medical experts. It must further be established whether the sexual act was committed against the victim's will through coercion, threats or by exploiting the victim's defencelessness. Here again, the testimony of the victim, the suspect and witnesses and the findings of forensic-medical experts regarding bodily injuries to the victim and the suspect, and examination of both parties' clothes for possible characteristic injuries or traces of a struggle, may all serve as evidence. In practice however, it is difficult to present material evidence that proves that a woman was coerced into sexual relations against her will. As a result, the testimony of the victim plays a rather significant role. At the same time, the victim's testimony alone, unless corroborated by other evidence, is not enough to convict someone. The reconciliation or marriage of the victim and the offender does not enable the offender to escape criminal liability although a woman can withdraw her complaint during the investigation stage, which takes up to ten days, before legal proceedings are initiated. Under such circumstances, legal proceedings are brought to an end. This is the most common way of discontinuing legal proceedings and is practiced by the majority of women.

Victims of rape rarely report their case to the police for several reasons. Firstly, rape is a serious trauma with life-long consequences for women. There are various taboos on the subject which are supported by traditional feelings of shame, guilt and fear of being found out, especially in small towns and villages and victims of rape quite often face negative reactions from their families and other people. There is a wide-spread belief that a woman who has been sexually abused should blame herself, since her sexual behaviour provoked the rape and her honour is destroyed. Secondly, women fail to report cases due to the lack of experience or specialised services available to them and the situations they must face in court trials.

Country Reports 1999 states that:

The Constitution provides for public trials, although exceptions can be made in cases established by law (for example, in cases of rape or on grounds of national security). Defendants have the legal right to attend proceedings, confront witnesses, and present evidence on their own behalf. However, these rights are not always respected in practice. Defendants' legal right to be represented by counsel also is not always respected in practice. While the 1996 Constitution establishes a presumption of innocence, in practice defendants frequently must prove their innocence (section 1.e).

No further information on state p rotection available to female victims of rape and assault could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Country Reports for Human Rights Practices 1999. 2000. United States Department of State. Washington, DC.

[Accessed 28 Nov. 2000]

International Helsinki Federation for Human Rights (IHF). 9 November 2000. Women 2000: an Investigation Into the Status of Women's Rights in the Former Soviet Union and Central and South Eastern Europe: Belarus. [Accessed 27 Nov. 2000]

Additional Sources Consulted

IRB databases

Country Reports 2000

Internet sources including:

Amnesty International

Human Rights Watch (HRW)

Centre for Gender and Refugee Studies (CGRS)

Committee on the Elimination of Discrimination Against Women (CEDAW)

Family Violence Prevention Fund

International Women's caucus for Women's Justice (ICCWWJ)

International Women's Rights Action Watch (IWRAW)

MADRE: An International Women's Rights Organization

Network of East-West Women (NEWW)

Radio Free Europe/radio Liberty (RFE/RL)

United Nations Development Program (UNDP) – Regional Bureau for Europe and the CIS (RBEC). Regional Programme in Support of Gender in Development on Central Asia, the Caucasus and Russia

UNIFEM

World News Connection (WNC)