The Prosecutor General’s Office is warning the public about “the alarming sex crime rates” in Moldova, as sex offenders represent about a fifth of the total jail population. Last year, 611 sex crimes were reported, though experts admit that many more went unreported due to fear or shame. Compared to the number of reported cases, only 115 offenders actually went to jail last year, as the practice of settling cases of sexual abuse “amicably” out of court is quite common within the Moldovan system.
Daniela Misail-Nichitin, program director at the women’s rights organization La Strada, said the system often fails women by not remanding perpetrators pending trial. In many cases, the victim caves in to pressure exerted by the offender or affiliated persons, especially when the victim can’t afford a lawyer. Victims are also failed when the entire burden of proof is placed on their shoulders, leading them to either withdraw their complaints or to accept settlement or mediation alternatives. When cases do end up in court, actual jail terms are mostly given in cases of “rape by strangers”, as opposed to “acquaintance assaults”, including unconsented anal sex and other “perversions”, per the Moldovan law. As for sexual harassment, convictions are extremely rare, in part because of the difficulty to prove it: such cases often come down to “my word against yours”.
According to Daniela Misail-Nichitin, whether assaulters get suspended or real jail time matters less to the victims, such is their disillusionment with the system. From the very onset of proceedings, women face humiliation, when investigators ask questions irrelevant to the legal aspect of the case: such as “had you been drinking alcohol together?”, or “didn’t you see it coming when you chose to go to his place?” All these questions stemming from the stereotypes or prejudice of the law enforcement representatives aren’t helping to bring sex offenders to justice.
Daniela Misail-Nichitin says that, rather than seeing their rapists punished, most often victims care more about being recognized as victims in order to escape the slut-shaming. So, women often choose to report as a way to achieve rehabilitation and “social justice” in the eye of the community.
Many reports show that victims started coming forward years after being abused, overcoming shame, fear or lack of support. Such victims must be encouraged and offered counseling and protection, says the expert. Law enforcement and other professionals who work with victims must be trained to respond in an ethical way to the needs of the victim in the process of investigating and trying cases of sexual abuse, says Daniela Misail-Nichitin.
