CASES OF SEXUAL VIOLENCE IN THE TEMPORARILY OCCUPIED TERRITORIES OF THE KYIV REGION IN 2022 – CRIMINAL CONSEQUENCES OF RUSSIAN AGGRESSION
Authors: Mishalov Volodymyr , Voroshilov Kostiantyn , Petrochak Oleksandr , Khyzhniak Volodymyr , Morgun Andriy 
Published: March 2024

An analysis of cases of sexual violence in the temporarily occupied territories of the Kyiv region in 2022 is given, an assessment of the criminal consequences of russian aggression is made, and the role of forensic medical examination in the investigation of such cases is determined.

Aim of the work. An analysis of cases of sexual violence, including rape, that took place in the temporarily occupied territory of the Kyiv region in 2022 and the determination of the role of forensic medical examination during the investigation of these crimes.

Materials and methods. The material of the research was 6 archival "Conclusions of expert research" of the Kyiv Regional Bureau of Forensic Medical Examination), which related to cases of sexual violence in the temporarily occupied territories of the Kyiv Region in 2022. For statistical processing of quantitative data, standard methods of variational statistics were used.

Results. In all cases of sexual violence in the temporarily occupied territories of the Kyiv region during February-March 2022, the victims were women, including minors. They were subjected to sexual torture, including rape, with the use of physical violence and threats by Russian servicemen who, according to the victims, were in an intoxicated state, threatened with firearms, fired shots into the ceiling and floor of the living space, and forced the victim to perform actions contrary to her will. The forms of sexual violence were – verbal violation of a person's dignity, sexual intercourse in a natural (vaginal) and unnatural way (oral, anal) without the use of contraceptives. The violent sexual acts lasted about one hour. Immediately or in the shortest possible time after the indicated violent acts, the victims did not go to medical institutions for medical help and examination. After the deoccupation in June 2022, the victims turned to law enforcement agencies for facts of sexual violence and were examined in medical and diagnostic institutions of the city of Kyiv and in the Kyiv Regional Bureau of Forensic Medical Examination. During their examination, no visible injuries were found on the skin in the areas of the genitals and anus or on the mucous membranes that could be examined. At the time of the inspection, the victims did not make any complaints. In connection with the considerable time that passed from the events in February-March 2022 to the performance of forensic medical examinations in June 2022, the selection of the contents of the vagina, oral cavity and rectum for forensic immunological examination for the presence of spermatozoa – was inappropriate.

Conclusions. In all cases, the victims were women, including minors, who were subjected to sexual torture, including rape with the use of physical violence and threats. These criminal actions correspond to both the Criminal Code of Ukraine and the "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment", the "Istanbul Convention", the "Istanbul Protocol" and the "Rome Statute". Since the facts of sexual violence against women by Russian servicemen during the occupation took place in March-April 2022, and the forensic medical examination of the victims - in June 2022, due to the large time gap between these events and the absence of physical manifestations of sexual torture, including rape, it was possible to establish only the fact of past sexual acts and the circumstances of their commission. Therefore, establishing the fact of rape belongs to law enforcement agencies. An important condition for the performance of a forensic medical examination in cases of rape as the basis of the evidence base in criminal proceedings is its timeliness, taking into account physical evidence and materials documenting bodily injuries.