THEMATIC REPORT 2017 SEXUAL TORTURE Police forces are often biased by gender stereotypes, as FAVL Armenia notes: “Even the police share the opinion that a woman who dares making such a complaint should be ashamed. […] In our society, women are brought to believe that they are guilty for what happened.” Similarly, MATESO notes that in Kenya “the criminal prosecution of rape cases appears to put the victim and their behaviour on trial rather than the perpetrator.” Most of all when the police perpetrate sexual torture, fear of retaliation might make it impossible for victims to report the case to any police station. Reporting a case of sexual torture or claiming compensation for medical and psychological injuries can be an important part of rehabilitation. Furthermore, bringing a perpetrator to trial can also be a catalyst for other survivors to come forward, which in turn may lead to further convictions. As EATIP Argentina highlights, “Due to the trials that we are having now, many women who were victims of rape during the Terrorismo de Estado back in the 70s and 80s have started to speak about what happened to them. And because so many found the courage to speak up, sexual torture has been included in the trials as a separate crime, as a crime against humanity.” Key action 6 Encourage reporting of sexual torture to the police, improve access to legal assistance and provide support throughout the judicial process Challenges: • Police can be unhelpful or hostile when survivors try to report crimes. • Legal assistance is expensive and may be unaffordable for many survivors. • Unprofessional judges biased by gender stereotypes may treat the victims’ behaviour as the problem rather than the perpetrator’s actions. “The legal prosecution of the perpetrators is essential for the healing of society and individuals.” EATIP Argentina Rehabilitative support is essential throughout the process from reporting to conviction. Rehabilitation centres or NGOs can provide assistance to survivors of sexual torture, with in-house lawyers, or by accessing legal aid or seeking the help of legal professionals who offer their services probono. They can also provide therapy; as CTV Bosnia and Herzegovina notes “professional psychotherapeutic support is needed before, during and especially after the hearings,” particularly as victims are often deeply disappointed with the final verdict and the sentence given to the perpetrator. International legal systems also play a crucial role in ensuring that states are accountable in their duty to respect and defend human rights when sexual torture cases are reported. However, many rehabilitation centres have expressed their disappointment at the outcomes of trials. page 31 • Laws may be biased or fail to ensure that survivors are given a fair trial. • Corruption within the police or the judiciary may compromise the judicial process. • Survivors who testify may not be given adequate protection. The judicial context is complex, detached and insensitive to the fragility of victims. Survivors are often re-traumatised during the trial. There is often a lack of evidence and witnesses in cases of sexual torture which are usually reported or admitted to court months or years later after the occurrence. Recommendations: • States must ensure that national legislation complies with international human rights