Advocating for Gender-competent forensic psychological examination in cases of sexual violence in criminal proceedings in Argentina
Objectives of the Report
Through years of experience legally representing victims of sexual and gender-based violence (SGBV) in Argentina, Jimena Gibertoni and Yamila Carballido had identified one factor that substantially improves victims’ access to justice: gender-competent forensic psychological examination.
Despite its enactment of laws to reduce violence against women, Argentina continues to report high levels of gender-based violence, femicide, and domestic violence. Jimena and Yamila attribute the persistence of violence against women to discriminatory social and cultural norms, gaps in law enforcement, and inadequate support services for victims.
Jimena and Yamila mobilized their discoveries as 2023 SAHR Gender Justice Fellows. They conducted a comprehensive field analysis, examining 11 cases of sexual abuse and 22 comprehensive expert psychological reports; interviewing survivors, their legal representatives, psychologists and other legal professionals and to gain insight on the impact of forensic psychological reports on victims' fair trial rights; and conducting a desk review of existing literature, including international laws, local regulations, human rights standards, and research on forensic-psychological examinations in cases of sexual violence.
Their report provides a detailed and nuanced understanding of the role of forensic-psychological examinations in criminal proceedings related to SGBV, with a particular focus on gender-competent and trauma-informed practices. It highlights how the lack of gender knowledge and trauma-informed expertise in proceedings perpetuates re-victimization, violates victims’ basic and fair trial rights, obstructs the determination of trauma during judicial processes, and consequently, frustrates victims’ abilities to obtain justice and reparations.
Jimena and Yamila hope that the report:
Inspires further multidisciplinary research and policy-discussions on the importance of forensic psychological examinations to gender equality and access to justice.
Motivates reform of the Law 27210 of 2015 “Body of Lawyers for Victims of Gender-Based Violence: Creation and Functions.”
Contributes to the establishment of a Corps of Expert Psychologists and Psychiatrists trained in survivor-centric and trauma-informed approaches to SGBV to which victims of sexual and gender-based violence have free access, as well as a Technical Working Group of Argentinian government representatives, lawyers, legal aid providers, and NGOs.
Enriches legal and health professionals’ understanding of victims’ psychological state, attitudes, behaviors, and coping mechanisms during and post-traumatic experience
Minimizes the cognitive biases and subjectivity of forensic-psychological examiners, prosecutors, and judges.
Promotes integrity and ethical conduct among forensic-psychological examiners to mitigate re-victimization during trial.
Key Findings
The report demonstrates the significant benefits of legal representation specialized in gender-based and sexual violence on victims seeking justice. In particular, the report finds that:
Despite high rates of gender-based violence, victims lack adequate support. Many victims confront barriers to the help they need, resulting in dismissed cases and impunity.
When victims were given free, early access to gender-competent forensic psychologists, evidence of their trauma was admitted into evidence, which significantly improved legal outcomes in cases of sexual violence.
Victims acquire more power in judicial proceedings when they are constituted as plaintiffs, enabling them to propose that gender-competent psychological and/or psychiatric experts collaborate with the Forensic Medical Corps working on the case.
The current legal framework in Argentina falls short of addressing the complexities of gender-based violence, underscoring the need for policies that incorporate gender perspectives and trauma-informed practices.
Case Study Insight: Gender-Specialized Evaluations Make a Difference
In one of the most compelling cases that Jimena and Yamila examined, a gender-specialized psychological evaluation was instrumental to the conviction of the perpetrator. The first psychological evaluation failed to consider the gender-based trauma experienced by the victim. As a result, the case was dismissed, and the perpetrator walked free. A second evaluation conducted by a psychologist with expertise in gender-based violence highlighted the significant psychological impact of the trauma on the victim. This new perspective was crucial in reopening the case and led to the successful prosecution of the perpetrator.
Recommendations
In light of their findings, Jimena and Yamila recommend that the Government of Argentina:
Establish a Corps of Expert Psychologists and Psychiatrists trained in survivor-centered and trauma-informed approaches to sexual and gender-based violence.
Ensure that victims of sexual and gender-based violence have free access to their services, in addition to legal aid services, to ensure comprehensive support and access to justice.
Increase budget allocations for public policies aimed at the prevention, punishment, and eradication of gender violence.
Implement mandatory gender-sensitivity and trauma-informed training for all forensic examiners, judges, prosecutors, and law enforcement personnel involved in handling cases of sexual violence. This training should emphasize the importance of understanding the psychological impact of trauma and avoiding re-victimization.
Develop and enforce standardized, comprehensive, rigorous, and unbiased forensic evaluation protocols that incorporate a gender-sensitive approach and consider the psychological and social contexts of victims.
Increase funding and resources for legal support services specializing in gender violence.
Foster interdisciplinary collaboration, including regular case reviews and joint training sessions, between forensic experts, legal professionals, and support services to ensure that all aspects of a victim's experience are considered in the judicial process.
Encourage practices that empower victims by involving them in the decision-making process, respecting their autonomy, and providing them with comprehensive information about their rights and available resources.
Establish a monitoring and evaluation framework to assess the effectiveness of implemented recommendations.
Launch public awareness campaigns to educate the community about the importance of gender-sensitive forensic evaluations and the rights of victims of sexual violence.
