Public Defender releases special report on administration of justice related to sexual abuse against children

TBILISI, Georgia, 4 August 2021 – Legislation gaps, non-existence of child-friendly approaches in managing the cases of sexual abuse of children, lack of specialists working on sexual abuse cases, and the stigma in society – these were the key findings revealed by the Public Defender’s Special Report: The Administration, Research and Monitoring of Justice on Crimes of Sexual Abuse and Sexual Exploitation of Children. The report was prepared with the support of UNICEF.

The special report highlights the challenges in legal regulation and practice of crimes of sexual abuse and sexual exploitation of children. This includes issues of crime detection, administering justice, and provisions for minors and their family members that include rehabilitation and supporting activities.

“The research findings have shown that despite the steps taken by the State, including the development of the Juvenile Justice Code, there is still an evident need to refine and adjust Georgian legislation related to crimes of sexual abuse and sexual exploitation of children to international standards. Also, providing a child-friendly environment and services focused on victim rehabilitation and support at every stage of justice administration remains a challenge,” stated Nino Lomjaria, Public Defender of Georgia.

"The State should do everything in its power to prevent such violence; and if it does take place, a child should be at the centre, and the process should be led by high-quality professionals." - Ghassan Khalil

“UNICEF continues active cooperation with the Public Defender’s Office on child rights monitoring,” said Ghassan Khalil, UNICEF Representative in Georgia. “The special report pertains to sexual abuse against children, which inflicts a gross violation of child rights. The State should do everything in its power to prevent such violence; and if it does take place, a child should be at the centre, and the process should be led by high-quality professionals. Everything should be done to avoid re-traumatization of children in justice proceedings and to ensure their rehabilitation. A special integrated service for child victims of sexual violence will soon be opened in Georgia with the support of UNICEF and the Embassy of Estonia. The centre will protect children from re-traumatization and will bring justice and rehabilitation services into one space.”

The following observations were revealed by the Public Defender’s special report:

• Georgian legislation relating to rape and other forms of sexual violence does not meet the requirements of the UN Convention on the Rights of the Child or other international standards.    
• Child-friendly approaches are not ensured, and child protection mechanisms are not enforced when administering justice.
• There is a sharp inadequacy of specialists, social workers, and psychologists working on cases of sexual abuse of children in the country compared to the current need. The lack of services focused on child rehabilitation substantially hinders the protection of the inter­ests and the needs of the child.
• The methodology, forms of communication, and questions asked by defence lawyers to chil­dren during a trial are to be reconsidered, as they fundamentally contradict the best interests of the child and create a very high risk of secondary victimization of the child.
• Among the obstacles to prosecuting perpetrators of crimes of sexual abuse of children are stigma and discriminatory attitudes by the public, which reduces the reporting on child abuse cases or delays the reporting process.

The Public Defender’s Report is the first-ever large-scale research on the administration of justice on crimes of sexual abuse and sexual exploitation of children. It is based on the resolutions on termination of criminal prosecution on the cases of sexual abuse and sexual exploitation of children, criminal cases, data retrieved from various state bodies, and interviews with the relevant specialists.