A complicated justice system

Its aim is to provide a solid, legal framework for investigations into this murky and elusive area of criminal conduct, in line with international norms. There are problems at present, the first of which is that "often the victims do not go to the police," the head of the UFEM Mariela Labozzetta, told Clarín, attributing this to "distrust of the justice system."

A woman's statements on sexual violence are received with skepticism.

The other obstacle to investigations was "in how testimonies are taken. There are international norms on special procedures for registering testimonies, for example in a private space with a person you feel you can trust, of the same gender if a woman wants it, and respecting time limits."

The victim's testimony has a "special weight," says Labozzetta, because domestic or sexist violence happens in private spaces, without witnesses. Often, she says, "a woman's statements on sexual violence are received with skepticism, which doesn't happen when people report other crimes, like theft." Labozzetta is herself a public prosecutor in the district of Morón in the Buenos Aires province.

After a formal complaint, the protocol focuses on gathering circumstantial evidence of use to police and ensuring no evidence is destroyed.

Different factors

Intervention is also tied to two factors: the time lapse between an incident and its reporting (are authorities dealing with a matter of urgency, recent or less recent events, or a longstanding situation?), and abuse categories (sexual abuse with physical contact, with or without lesions, and abuse without contact or injuries). Labozzetta says "if the sexual abuse happened just now, the victim is taken to hospital to create a clinical history, before following a specific procedure that is set out."

In less recent incidents, she says, "the construction is historical in nature," considering incidental or secondary testimonies, their repetition or the victim's emotional state when making a statement. The UFEM will also seek information on the aggressor.

"Generally if the aggressor has escaped or wasn't identified, the case is shelved as there is no way to proceed. But even here, there are international commitments on clarifying the case."

Labozzetta says investigations also need a "context, and to analyze the suspect's track record and whether or not he previously engaged in similar behavior."