Sexual violence: how the most difficult crime to prove will be investigated from now on

In Argentina, 116 violent deaths of women, transvestites and trans were committed

, according to the latest report from the MuMaLá Observatory.

As every year, the figures make visible what is always repeated:

or in a shared house and 70% of the victims had a contact or perimeter restriction order with the aggressor.

This judicial path that begins with the complaint now has a key instrument: the

prepared by the Specialized Prosecutor Unit for Violence against Women (UFEM), of the Public Prosecutor's Office (MPF).

UFEM designs criminal policy and

, among other tasks.

Although it has an area that leads cases of strategic litigation, that of criminal policy arms action protocols.

The last one was that of femicide, which was approved by 11 provinces.

In this way, its use becomes mandatory. 

The guidelines that the protocol provides are intended for use by prosecutors across the country in their investigations.

The objective of the tool is to be an action guide

cases involving sexual violence against women with increased diligence in order to improve investigations.

And although the instrument tries to unify criteria when investigating this type of case, there are obstacles along the way.

"The first problem we face is that

Despite the fact that this is changing, there is still a black figure. It is linked to

," admits Mariela Labozzetta, head of UFEM, in dialogue with

. 

And he adds: "The other obstacle in investigations is

There are international guidelines that provide special precautions for taking them, for example in a private space with a person who generates trust, who is of the same gender as her if wants and the times must be respected".

The testimony of the victim has "a special weight", since sexual violence generally

In fact, this is reflected in the figures for

or in a shared home, and by partners or ex-partners of the victim.

"

This does not happen when someone denounces another type of crime, for example, a robbery," says Labozzetta, who is also a federal prosecutor in Morón.

Despite the importance of the complainant's testimony, the protocol also emphasizes

, such as circumstantial evidence.

In this way, the duty of reinforced due diligence is fulfilled, which is provided for in the recommendations of international organizations.

The protocol, which was recommended by the interim Attorney General of the Nation Eduardo Casal, when addressing the first test measures, does so in accordance with

(urgent, recent, or not recent, or long-standing cases). data) and the type of abuse (sexual abuse cases with access and/or injuries; and sexual abuse cases without access and injuries).

The ways of acting will be different based on the moment in which the abuse occurred

.

"If they have just committed sexual abuse, the victim is transferred to the hospital, the medical history is compiled and a specific procedure is followed," explains Labozzetta.

And difference with

, for which "a more historical construction is made, with other indicative testimonies, what the victim told is analyzed, if testimonies are repeated, if he was in an altered state."

The head of the UFEM also highlights the evidentiary measures on the aggressor, with special provisions on

to later develop the evidentiary measures by context.

"In general, if the aggressor is on the run or was not identified, the case is archived because it cannot proceed. However,

," he maintains.

In order to advance the investigation, Labozzetta speaks of the importance of "

."

In addition, the instrument emphasizes the preservation of the chain of custody of samples and traces that will serve to identify the aggressor.

MY