Better protection for victims of sexual violence after police fail to properly investigate rape allegation

. . . the investigation cannot . . . be considered to have been conducted in a serious and thorough manner.

Judgment of the European Court of Human Rights, May 2017

Background

In 1998, B.V. told her managers that a work colleague had raped and sexually assaulted her on several occasions. They referred her to a unit for sexual harassment in the workplace.

B.V. later went to the police, who interviewed the man she had accused. Investigators asked a psychology student, who was working as an intern, to give an opinion on B.V.’s mental state.

The police decided not to take B.V.’s complaint further - but they did not tell her.

Several years later B.V. learned, by chance, that the police had not followed up her complaint. She demanded that the authorities act.

Taking her case to an investigative judge, B.V. tried for years to have her claims properly examined, but few steps were taken to determine what had happened. Her case was finally dropped in 2008.

Judgment of the European Court of Human Rights

The European court found that the Belgian authorities’ investigation into B.V.’s allegations had not been conducted in a serious or thorough way, which was in breach of her rights.

The investigators at the time limited themselves to the opinion of a student trainee, which does not attest to seriousness in the collection and treatment of the complaint.

Judgment of the European Court of Human Rights, May 2017

Follow-up

Since the time of this case, Belgium has taken many steps to better respond to allegations of gender-based violence, including complaints of sexual violence:

The authorities have implemented successive national action plans to ensure that police and the justice system respond quickly and appropriately to sexual violence, including crimes perpetrated within the workplace. A proposed 2021-2025 plan foresees the expansion of specialist sexual violence management centres to provide help to victims.
Improved training has been provided to police and the judiciary on how to treat victims of sexual violence and handle their complaints.
In 2016, Belgium ratified the Council of Europe convention on preventing and combating violence against women and domestic violence (“Istanbul Convention”).

Additional information

Themes:

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