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Why child sexual abuse in Kyrgyzstan remains unpunished
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According to Asylbekova, the stigma attached to sexual abuse plays a significant role in whether the family decides to report the crime.

“When the victim’s parents, mostly their mothers, decide to report to the police, their relatives try to convince them not to report, for fear that this publicity would bring shame on the girl,” she said.

Less punishment

Stigmatisation and a corrupt law and justice system are the main reasons that prevent parents or guardians from going to the police and seeking justice. However, even when these crimes are reported, the authorities often fail to bring perpetrators to justice, official data shows.

Between 2014-18, 202 cases of sexual intercourse with minors were recorded by the Kyrgyzstani police. But only a quarter of abusers were convicted. These numbers are similar, but differ from the numbers of court convictions because of minor differences in calculation method.

The same lack of justice is evidenced with crimes under Article 133, ‘Depraved sexual acts’. Under this statute, between 2014-18, only a quarter of abusers were convicted. Since 2014, the conviction rate has decreased by 36%, while the number of victims has increased by 12%. This means that every year fewer rapists are being punished, while the number of victims grows.

Dismissed cases

Why do most rapists in Kyrgyzstan go unpunished? In most instances, rape cases are dismissed at the investigation stage, data from the Ombudsman’s Office, a human rights institution, shows. Nearly 60% of all dismissed investigations into sexual violence are terminated by a police investigator. Most cases do not even get to court for review, let alone trial.

According to statistics, most investigations end before getting to court when parties – both the victim’s family and the perpetrator – reconcile. Half of the cases related to sexual abuse of children are closed on the basis of “reconciliation in connection with compensation for material and moral harm”.

A spokesperson for Kyrgyzstan’s ministry of internal affairs told openDemocracy that many abusers pay compensation to victims, and that the amount is decided by the court.

The ministry also stated that “a criminal case cannot be initiated, and an initiated case is subject to termination – if the victim refuses to continue the prosecution”.

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