The case of sexual violence against a minor girl with intellectual disabilities (2015–2023) spanned nearly a decade and exposed a number of systemic problems in law enforcement, the judiciary, and social protection sectors. Despite the proven fact of rape, the case reached a court verdict only thanks to media intervention and the efforts of human rights organizations. This case raises important questions about access to justice for vulnerable groups, the effectiveness of existing protection mechanisms, and the need for institutional reforms.

The facts of the case

The victim was adopted in infancy, and in adolescence he was diagnosed with mental retardation. The first rape was committed by an 18-year-old boy who worked in a cafe located in the same village when he was 13 years old. He was later raped by a 14-year-old boy from a nearby house. During the investigation, 4 facts of rape were proven, committed by both defendants. The incident became officially known only in 2015, when a relative noticed signs of violence on her body and told her about what had happened to the girl.

His parents contacted law enforcement agencies, but did not immediately accept the application. Only the intervention of the media and the public forced Rib to register this fact. Nevertheless, the pre-trial proceedings were accompanied by many violations, including the refusal to initiate proceedings, the lack of free legal aid, secondary trauma to the victim during the examination, procedures and the passivity of social services.

Violations at the pre-trial stage

Refusal to initiate criminal proceedings
Despite the obvious signs of a crime, the investigating authorities refused to open a case, citing suspicious reasons. The reasons included pressure from relatives of the accused, distrust of the testimony of a girl with disabilities, perception of violence as an “internal family conflict” and general neglect.

Violation of the victim’s rights

• The girl was not given a lawyer appointed by the state;
• The examination was conducted by a man under the influence of alcohol;
• Protection from pressure and threats from the accused and their families is not provided;
• The interrogation did not show a sensitive approach that takes into account the specifics of disability;
• The use of technical means of recording (videotaping the interrogation) was denied;
• Social services were treated with complete indifference.

The role of CSOs (civil society organizations)

The Adilet Legal Clinic and the Child Protection Center received protection from the victim. It was these organizations that brought the case and represented the interests of the girl in court. But access to such help was possible only through casual, informal offers from acquaintances. This indicates a low level of public awareness and a lack of systematic support.

Trial: 8 years of struggle

The trial lasted from 2015 to 2023. The main problems:

Incorrect qualification of the accusation article at the beginning;
Delays in summoning the accused and witnesses;
The courts’ dissatisfaction with petitions for their enforcement;
The course of the case strongly depended on the judge’s personal position: female judges showed great involvement and attention, while male judges postponed the process.

At the appeal stage, the Chui Regional Court reclassified the article and replaced the sentence with a suspended sentence. Only after a public outcry, the Supreme Court restored the original qualifications and sentenced one of the accused to 1 year in prison and payment of moral damages. But these measures were also implemented with a serious delay.

Institutional findings

This story clearly showed the following:

Weak protection mechanisms for victims at the pre-trial stage, especially for children and persons with disabilities;
Attitudes towards violations of the law (legal nihilism) and bias on the part of police and prosecutors;
Incompetent, incompetent and passive social protection agencies to protect the interests of a disabled girl;
The formality of court procedures and the unwillingness of courts to actively protect vulnerable individuals without public pressure;
The crucial role of civil society in protecting the rights of victims and ensuring a fair outcome of the case.

Recommendations:

• The appointment of a government lawyer is mandatory when applying to persons with disabilities and at all stages of the criminal process;
• Prohibition of men’s participation in the examination and examination of girls, especially girls with minor disabilities;
• Mandatory videotaping of interrogations and other investigative actions involving vulnerable groups;
• Creation of interdepartmental groups with the participation of specialists (psychologists, lawyers, social workers) trained to work with girls with disabilities;
• Reform of the pre-trial stage of the Criminal Procedure Code in order to reduce corruption cases of refusal to initiate proceedings;
• Professional development of law enforcement officers in sensitive and gender-oriented approaches;
• Ensuring the protection of victims and witnesses at all stages of the criminal process;
• Conducting information campaigns on the provision of free legal aid and protection measures;
• Monitoring and independent evaluation of the work of social services in cases involving violence against children and people with disabilities.

Results

The story of a girl with an intellectual disability is not just an isolated case. This is a vivid example of the crisis of trust in law enforcement agencies and the judicial system, their inability to ensure justice without external pressure. This work should become the basis for urgent reforms aimed at protecting the most vulnerable citizens and strengthening the institution of justice.

You can read more in the analytical article.:
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This project is being implemented with funding from the Canadian Foundation for Local Initiatives (CFLI).