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38 criminal cases on crimes against sexual immunity and sexual freedom of minors investigated in the first half of 2015

07.12.2015 13:20

In the framework of the criminal cases on sexual offences against minors investigated in the RA Investigative Committee the Organizational and Analytical Division of the RA Investigative Committee together with the Department of Support to Investigation of Criminal Cases studied the protection status of the rights of the injured parties under 16.

In the first half of 2015 38 criminal cases on crimes against minors’ sexual immunity and sexual freedom have been investigated in the bodies conducting pretrial proceeding and subdivisions of the Investigative Committee. 21 of the mentioned cases with the bill of indictment were sent to court, proceeding of 6 cases were terminated (5 cases were terminated on the base of absence of crime, 1 case – on the base of death of the person having committed the crime), proceeding of 3 criminal cases were suspended (because the person to be involved as a defendant was unidentified), preliminary investigation of 8 criminal cases is ongoing.

Majority of 38 criminal cases – 28 of them were initiated according to the Article 141 of RA Criminal Code (Sexual intercourse or other sexual acts with a person obviously under 16), 7 criminal cases were initiated according to the Article 142 of RA Criminal Code (lecherous acts), 3 criminal cases were initiated according to the Article 138 of RA Criminal Code (rape), 2 cases were initiated according to the Article 139 (violent sexual actions), 1 case was initiated according to the Article 140 (Forcing a person to sexual intercourse or violent sexual acts) 3 of which were initiated on the base of combination of crimes envisaged by the mentioned articles.

In the framework of the mentioned criminal cases 4 of the injured parties under 16 are males, the others are females. Moreover, majority of cases on sexual harassment against minors committed in the period in question have been recorded in the RA regions.

Majority of minors affected by crimes – 28 of them were from 14 to 16 years old, 8 of them were up to 14, 4 of them were from 16 to 18 years old. Males from 20 to 30 years old (26), then males over 30 up to 57 years old (8) and those from 14 to 20 years old (5) have been mainly pointed out as persons having committed the alleged crime.

According to the studies 47 percent of sexual crimes against children were committed by the family members.

In the result of the study a number of problems on protection of the rights of the injured parties under 16 have been raised which have been considered at the Board session of the RA Investigative Committee.

Particularly, in the result of the studies it was found that in regional subdivisions the investigations of some criminal cases on sexual crimes against minors have been conducted by investigators not specialized in the investigation of such cases, in the framework of the same criminal case the injured parties under 16 have been interrogated for several times (three and more) what could have been avoided by planning the minors’ interrogation in a proper way, by discussing the questions asked to minors during interrogation with a teacher or psychologist. Furthermore, the results of the studies state that sometimes the formulations of the questions asked to minors have not been complied with the age and mental level of the child interrogated, confrontation of the injured children have been conducted directly, the method of “indirect confrontation” has not been conducted.  

It was also instructed to take measures to organize their interrogation in preschool facilities or primary schools to conduct the interrogation of a minor injured in more convenient conditions until the rooms for minors’ interrogation in all subdivisions of the Committee are furnished. At the same time, the protection of privacy of the personal data of the injured child was highlighted in order to protect the latter from feeling as a victim for the second time, as well as to support the child to be integrated in society.

In 2015 separate rooms for minors’ interrogation have been reconstructed in the administrative buildings of Regional Investigative Departments of Vayots Dzor, Kotayq and Aragatsotn of the RA Investigative Committee. The separation of the special rooms for minors’ interrogation was planned in the RA Investigative Committee (hereinafter through the project of strategic activities of reforms 2015-2017).


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