9494
3.7 Reporting abuse and violations
Aim . To discuss reporting of sexual violence and abuse to police and judicial authorities , and also to other bodies , such as national or international human rights organisations , NGOs , inquiry missions , etc .
It is important to understand the differences between forms of reporting , because some may lead to legal investigation and prosecution , whereas others focus on documentation and information gathering . We will first look at reporting abuses to authorities , such as the police and other legal entities .
HELP AND ACTION
“ Helpers can play important roles in a conversation about whether or not it is in the interest of a survivor to report and can support survivors to prepare their evidence if they decide to report .”
A dilemma for most people who have been abused , especially survivors of rape , sexual abuse or sexual threats , is whether to report the abuse to someone who can do something about it . The police , for example , have a specific responsibility to investigate such crimes , protect survivors , and punish those responsible .
Some survivors of sexual violence or abuse still find , however , that their allegations are denied , taken lightly , or in other ways not received as they should be . This can particularly be the case when male survivors report being sexually assaulted . In some countries , survivors who report sexual assaults are even likely to be assaulted by those they report to . This is the situation for women in many parts of the world and it is the situation for men as well .
In practice , helpers should not put pressure on survivors to report . Although reporting of crimes is a core component of justice systems and the rule of law should both enable and pursue complaints and allegations of crime , the process of taking a complaint to prosecution and through the courts can be arduous and extremely painful , especially when the crime involves intimate experiences of humiliation .
If survivors do decide to report , it is important to accompany them - assist them to prepare their case in advance , cope with any public exposure that may occur , and support them afterwards .
In many places , doctors or health centres that serve survivors will help to secure evidence by documenting signs of the abuse that has taken place . Even if evidence is secured , it is still the survivor who decides whether or not to submit a police report .
This does not always apply to children : in some countries , it is mandatory to report cases in which children have been sexually abused ; and where the abuse is considered very severe , the police have a duty to investigate and , if appropriate , prosecute .
Reporting is an issue in the context of applications and interviews for asylum protection . In general , it is important to draw attention to any history of sexual violence and abuse , even if it is difficult to talk about , because this information can determine whether an asylum claimant qualifies for protection . Such information can also provide a basis for further investigation of injuries . 69
As noted , reports to human rights bodies do not have the same character as reports made to public bodies such as the police or immigration authorities . The latter may lead to prosecution and punishment . The former generally contribute to analyses that advise states , evaluate state conduct , or clarify the application and effect of international standards . Reporting of this sort can be encouraged , but it is again the survivor who decides whether reporting is appropriate .