In the context of Russian aggression against Ukraine, the state is actively developing a system of legal assistance to survivors of conflict-related sexual violence (hereinafter referred to as CRSV).
According to international law, acts of a sexual nature committed against civilians or military personnel in the context of armed conflict are recognised as war crimes, torture and crimes against humanity.
War creates an atmosphere of impunity for perpetrators, and therefore CRSV is highly prevalent. Many cases of sexual violence remain unknown. CRSV is a "silent crime" and here are the reasons why:
- Trauma and psychological state. Victims may not have the strength or desire to talk about what happened.
- Stigma and taboos. In many cultures, sexual violence is a topic that is not openly discussed. Therefore, victims fear judgement or shame.
- Difficulties in identifying different forms of CRSV. Sexual violence is not only the rape of women. Forced nudity, forced abortion, forced sterilisation, forced viewing of sexual violence, threats of rape are also referred to as armed conflict-related sexual violence..
- Distrust of justice. Survivors may believe that their complaints will not be dealt with properly.
- Socio-economic factors. Lack of resources and support makes it difficult for survivors to speak openly about the experiences.
- Fear of reprisals. In some cases, survivors have fear retaliation or other measures to suppress and restrict their rights and freedoms, especially if the perpetrators have power or influence.
Legal qualifications and investigations
In Ukraine, CRSV is classified under Article 438 of the Criminal Code as "Violation of the laws and customs of war". An important aspect is not only to punish perpetrators, but also to provide protection and support to survivors, including psychological, legal and material assistance.
As of June 2024, according to the Office of the Prosecutor General of Ukraine, 298 cases of CRSV were recorded (109 men, 189 women, including 15 minors, 14 girls and 1 boy (another type of sexual violence not related to rape).
The brutal actions of the Russian military are not just war crimes, but part of a broader strategy aimed at destroying the Ukrainian people, which meets the definition of genocide. In the Kherson region, facts of rape, torture and gender-based violence against mothers, wives and sisters of members of the Ukrainian armed forces have been documented.
It is worth noting:
- Violent acts can be committed not only by representatives of the occupying forces, but also by fellow citizens (for example, during evacuation). Survivors of all cases of CRSV should be provided with comprehensive assistance.
- Documentation of crimes is an emotionally difficult procedure, but it is crucial for justice.
- Recording stories, especially when they relate to sexual violence, has its own rules. Dissemination of video, audio, facts with names, places and other details provided by witnesses or survivors of CRSV is unacceptable. Publicity causes multiple traumas to a person and the risk of retaliation by perpetrators.
In addition to financial support, survivors need a range of measures (primarily social) to recover and regain a happy life. A model of comprehensive support for survivors of CRSV was created by Dr Denis Mukwege and is called the Panzi model (after the hospital in the Democratic Republic of Congo where it was first implemented).
Legislative initiatives
Today, the Ukrainian authorities are working on a comprehensive programme to support survivors of conflict-related sexual violence.
1. Draft law (No. 10256) "On registration of persons whose lives and health were damaged as a result of the armed aggression of the Russian Federation against Ukraine".
2. Draft law (No. 10132) "On the status of survivors of sexual violence related to the armed aggression of the Russian Federation against Ukraine and urgent interim reparations".
These draft laws are aimed at creating a unified register of survivors and providing comprehensive support to survivors of CRSV. As of today, the draft laws have passed the first reading and are awaiting final adoption.
After their final adoption, they should offer immediate psychological and social support to victims WITHOUT referral to law enforcement agencies. This will help a person analyse everything that happened to them, recover and move on, as not everyone is ready to report a crime to law enforcement immediately.
Where to go for assistance?
- The National Police of Ukraine. This is the first instance to report, as CRSV is a criminal offence.
In case of an online call to the police, use the Translator SL app:
On the main screen, press the SOS button, then 102.
Or
use the widget for people with hearing impairments on the website.
If you go to the nearest police station, use the Translator SL app to engage a sign language interpreter in a dialogue with a police officer.
- You can get legal advice online at the Free Legal Aid Centres:
To do this, use the Translator SL app to call the hotline:
0 800 213 103 or 044 363 10 41.
Lawyers are available on working days from 8:00 to 18:00 Kyiv time.
— Chat on Telegram: «Безоплатна правова допомога (консультації)» (Free legal aid (consultations))
— For written communication with lawyers, write a private message to the page on the social network
Messages are processed on business days from 8:00 to 18:00 (Kyiv time).
- Offline Legal Aid Bureau:
- Operate throughout Ukraine, except for the regions where military operations are ongoing.
- You can apply to any branch convenient for you.
Locations.
You can find out where the bureaus and counselling centres are located on the map here:
On the spot, use the Translator SL app to get a consultation at the office of the Legal Aid Bureau.
Working hours.
Before visiting, be sure to check the office hours at the following link https://bit.ly/schedule_bpd_buro.
If you have any questions about seeking help, you can contact the NGO SOCIAL UNITY hotline. To do this, select the reason for the call "Social Unity Hotline" in the application.
