Cuba: Recourse available to a woman who was sexually assaulted by a police officer; whether the victim would face any repercussions as a result of reporting the alleged incident; availability of shelters and medical care for sexual assault victims (1996-2001)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 26 March 2002 |
| Citation / Document Symbol | CUB38555.E |
| Reference | 4 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Cuba: Recourse available to a woman who was sexually assaulted by a police officer; whether the victim would face any repercussions as a result of reporting the alleged incident; availability of shelters and medical care for sexual assault victims (1996-2001) , 26 March 2002, CUB38555.E , available at: https://www.refworld.org/docid/3df4be2828.html [accessed 19 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
No information pertaining specifically to the recourse available to a woman who was sexually assaulted by a police officer, nor whether the victim would face any repercussions as a result of reporting the alleged incident, could be found among the documentary sources consulted by the Research Directorate.
However, in a February 2000 report on violence against women in Cuba, UN Special Rapporteur Radhika Coomaraswamy stated that
Sanctions against rape and sexual abuse are provided for in articles 298 and 300 of the Penal Code (Ley No. 62 (1979)). ... With regard to sentencing, the President of the Supreme Court was of the opinion that sentencing for crimes of violence against women were "at a sufficiently rigorous level" in general, including for rape. The sentence foreseen for rape without physical abuse ranges from 4 to 10 years' imprisonment and for aggravated rape (including of a minor, rape by a public official, recidivism, the existence of a professional relationship with the victim or rape related to organized crime) up to 30' years imprisonment. Physical violence without serious consequences is punished by imprisonment of from three months' to two years' imprisonment, with serious consequences (such as the destruction of the reproductive health system) from 5 to 12 years and aggravated assault up to 10 years. The parameters for sentencing are established by the law, the judge possessing discretion as to the individual sentence within that framework (ECOSOC 8 Feb. 2000).
Coomaraswamy added that she had received information from the Ministry of Justice referring to "650 cases of rape in 1996, 747 in 1997 and 664 in 1998. Between 70 and 80 per cent of the perpetrators were sentenced" (ibid.).
According to Santiago-based Fempress, counselling is available to female victims of violence at the Population Assistance Office (Oficina de Atención a la Población) and at Family Guidance Houses (Casas de Orientación a la Familia) (Dec. 2000), of which there are 175 country-wide (ECOSOC 8 Feb. 2000). Reportedly managed "with the participation of professionals from various disciplines, including psychologists, social workers and health professionals," each house offers "various assistance services" as well as disseminating "information materials in print and on the radio" (ibid.). Furthermore, the Federation of Cuban Women (Federación de Mujeres Cubanas, FMC), a national umbrella organization with close ties to state authorities, also receives "complaints of any kind from individuals: in 1998, 25,239 cases were received at the FMC national and provincial headquarters in Havana," of which 75 were cases of violence perpetrated by men against women (ibid.).
In correspondence dated 22 March 2002, an author, affiliated with the Miami-based Center for a Free Cuba, who lectures on issues related to Cuba, women and gender as well as addressing these issues in columns in the Miami newspapers Diario Las Americas and El Nuevo Herald, claimed that an accusation of sexual abuse against a police officer would "most likely ... not be investigated, much less prosecuted" (22 Mar. 2002a). In further correspondence to the Research Directorate on the same day, the author added that
Although I am told that rape by police is not common (perhaps because it is not reported, therefore it is perceived as not common) when it has been known to happen it is also known that there is a tendency to blackmail the woman victim into keeping quiet about it. Again, the operative rationale here is that a policeman is part of the political forces of the government, and anyone can be accused (especially by a uniformed officer) of being a counterrevolutionary element, or of practicing prostitution. Proof of such allegation can be as simple as hearsay, a neighborhood or work place acquaintance brought in as "witness" that this woman engages in prostitution, or in black market "entrepreneurship" (ibid. 22 Mar. 2002b).
The author's statements could be not corroborated within the time constraints of this Response.
No specific information on the availability of medical care for sexual assault victims could be found among the documentary sources consulted by the Research Directorate. However, the International Planned Parenthood Federation (IPPF) stated that Cuban authorities consider "health care for women and children as a main public health priority" and that despite insufficient supplies of some contraceptive methods, family planning provision is "good" (n.d.). Additionally, the author affiliated with the Center for a Free Cuba stated that while there are no special services available to rape victims, anyone in need of medical assistance "can go to any neighborhood clinic (policlínico) and receive such assistance" (22 Mar. 2002a).
In her report, UN Special Rapporteur Coomaraswamy stated that Cuba does not have any women's shelters, with "experts" cited as saying that such shelters were not necessary "since the women were adequately protected by the law and by the community, and in the rare case of need for a place to stay, women often stayed with family or neighbours" (8 Feb. 2000). Information provided by the UN Special Rapporteur regarding the lack of women's shelters in Cuba was corroborated by the author affiliated with the Center for a Free Cuba (22 Mar. 2002b).
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
Center for a Free Cuba, Miami. 22 March 2002a. Correspondence from author.
_____. 22 March 2002b. Correspondence from author.
United Nations Economic and Social Council (ECOSOC). 8 February 2000. Report of the Special Rapporteur on Violence Against Women, its Causes and Consequences, Ms. Radhika Coomaraswamy, Submitted in Accordance With Commission on Human Rights Resolution 1997/44.
Fempress [Santiago]. December 2000. No. 229. "Cubanas, Hoy: Frente a los problemas y el bloqueo, creatividad y solidaridad."
International Planned Parenthood Federation (IPPF). n.d. "Country Profiles: Cuba."
Additional Sources Consulted
IRB databases.
Unsuccessful attempts to contact the Federación de Mujeres Cubanas.
Internet sites including:
Comité Cubano Pro Derechos Humanos.
Cuban Review [Amsterdam]. 2000-2002.
CubaNet. 1996-2002.
Fempress [Santiago]. 1997-2000.
Isis Internacional.
