
If the client raped a sex worker, it is not easy to hold him accountable, and most likely no one will even try. Investigators readily accept the excuses of the suspects: "They just paid a little prostitute, so she is unhappy"
The name of the heroine has been changed, all the documents mentioned are at the disposal of "such cases"
It was very painful. He is strong, obviously an athlete. The blow is such that it barely managed to hold back the tears. At least bite in response!
"What? You? Will you submit an application to the cop? Don’t mix me, fool, you’re a whore, no one will talk to you there. Until I finish, I won’t leave here. ”
There was no strength to resist - only to surrender. Very scary. Marina had never had to have unprotected customers' sex before.
The victims of sexual violence in Russia are left alone with the experienced. The police rarely go to the police: it is difficult to endure a humiliating attitude and indifference, knowing that it is hardly possible to achieve justice.
Sex workers are especially vulnerable. They are beaten and raped everywhere, but no one knows about it. There is nowhere to wait for support: due to illegal status to law enforcement agencies, units turn to, but you can’t tell close people because of the fear of disclosure and condemnation. Even inside the closed community of sex workers, beatings and sex against consent is almost taboo-they do not talk about it with each other and are reluctant to share in the forums.
Marina does not remember how she dialed the number of a friend from the police as soon as this person left. All the evidence was here: the door he broke, a scabbard for metal, which he threatened, even an abandoned pack of condoms. A friend of the policeman sentenced to wait for the outfit of the house - said, the chances that they themselves would come “to rape”, almost no. And already in the evening, Marina was in the department.
The investigator accepted the application with a complaint and rape suddenly quickly. “There is no need to be afraid of anything and pay anyone,” the deputy head of the operage was surprisingly responsive and even promised the next day to personally take to the traumatologist. In the emergency room, damage was recorded: bruises on the face, soft tissue bruises and internal hemorrhages. The neurologist diagnosed a traumatic brain injury. The investigator arrived home to Marina, took her evidence: the ill -fated hacksaw for metal, sheet, towel and condoms. Everything went according to the rules, as in a movie about good police officers.
The St. Petersburg Organization "Silver Rosa" has been defending the rights of sex workers for fifteen years and collects complaints from women from all over Russia. The Silver Rosa lawyer Darina Ivanchenko says that during this time only a few cases were recorded when the sex workers turned to the police with a statement of rape and accepted their application.
This logic usually works: “Are you a prostitute? So, they just paid little, so you are unhappy "Knowing how offensive and humiliating attitude to, sex workers are looking for protection from the police only in the most emergency situations. But even when their life is in real danger, they remain for the police primarily prostitutes.
Last winter in St. Petersburg, the girl went to the rich client home. They drank, and the man decided to show a collection of antique paires - they were sharpened so sharply that they could easily cut a piece of paper. When the girl refused unprotected sex, the drunken man began to grab her rudely and threatened to cut her with a sword. The girl was able to escape and get to the department. “Have you almost raped you? You yourself came to him! Vali from here, until you have a matter of you. ” The girl tried to turn to the Office of her own security - the employee who met her first sympathize with a picture, and then offered to sleep before resolving the issue.
In addition to a dismissive attitude, sex workers are scared by the real danger of an immediate opening of an administrative case, which relatives can become known about. Police quickly understand that we are talking about the client, and readily close the “plan” under Article 6.11 of the Code of Administrative Offenses - prostitution. I put it to myself, I even took money-do you need any more evidence? Even in a loud story with a serial rapist of sex workers in Noyabrsk , the first thing the police did when they saw the girl being beaten to fainting was such a protocol. Human rights activist Alexei Fedyarov says that police officers are often not limited to the protocol on the applicant: they begin to recognize her contacts of her friends and neighbors to improve the indicators.
It is impossible to accurately evaluate the scale of violence by customers: the Silver Rose receives similar complaints only several times a month, but the surveys that the organization conducts among sex workers show that at least every third client insists on unprotected sex. Many, having received a refusal, achieve this by force, some remove the condom secretly during intercourse. It is difficult to notice, but even if you find it, it is difficult to do something.
“Sexual violence is a very closed, very difficult topic, which is not talked about even in a close circle. Clients are very different, so acquaintances will begin to shun - they say, the infection picked up the infection, ”says the lawyer of the“ silver rose ”. - A separate story is self -amatization. Girls simply feel guilty, not deserving support and are left alone with what happened. ”
Illustration: Rita Cherepanova for TDThe human rights activist, coordinator of Rus Sitting Alexei Fedyarov worked for ten years in the prosecutor's office and recalls only one case when the loud cause of this kind was brought to the end: in Vladivostok, the operatives of the Federal Penitentiary Service got into the colony for rape and mockery of the sex worker.
The human rights activist admits: Stigma and prejudices interfere with the assistance to sex workers-but the unpreparedness of the victims themselves “play by the rules” also affects. “I will say, perhaps, a seditious thing for a liberal human rights activist, but I can’t help but note that the girls themselves often do not allow such matters to investigate such things. Of course, there should be no prejudice from the investigators - there is a statement, initiate the case, send to the court, point. But often nothing is done. It is important that the victims do not change the testimony and stood hard on their own - at least excellent students, even prostitutes. And they suddenly go to work, agree, take money. They cannot be blamed - they are scared, unusual, they really have tremendous problems, there is no support, and therefore it is easiest to return to their occupation. ”
Investigators do not trust the readings of sex workers, because they easily change them, says lawyer Andrei Zolotukhin, who worked in zero in law enforcement agencies. There are frequent cases when sex workers submit an application, blackmailing the customers who have not paid or did not like. Real violence against sex workers is no less widespread, but it is difficult to find a case in which a real rapist would be established and punished.
“Most often this is a“ word against a word ”, and if there is no accurate evidence and recorded damage, then it is difficult to distinguish real violence from a statement compiled with the calculation of extortion and further review. At the same time, neither investigators nor the prosecutor’s office are frankly interested in business where the testimony may change - for them it creates many unnecessary difficulties. At the same time, in Russia, bringing a criminal case to the court is a practically guaranteed conviction, so the investigators are in no hurry to initiate cases of appeals in which they are not sure, ”the lawyer says.
Working as an investigator, Zolotukhin himself refused to initiate the case when a sex worker filed an application for rape, and then stopped contacting. The girls with whom she worked together told the police that there was really no violence.
“There were cases: the person has already been arrested, and his relatives with large amounts of money come to the girl”“And at the trial, she already says that she was not raped, she misunderstood everything, and in general - her operatives forced to sign the papers. Therefore, the responsible and experienced investigator, even before the initiation of the case, should talk a lot of time with the victim and suspects in order to establish their true motives: ask about all the details, up to, sorry, the form and size of the genitals. Even intonations, accidentally spoken words can show whether a desperate woman was really for help, or is it blackmail - and it doesn’t matter if an ordinary woman or a prostitute, ”the lawyer believes.
The Silver Rose replies that by receiving a compensation, any person who suffered from violence can withdraw, while sex workers most often change the testimony because they feel especially vulnerable: they are intimidated or blackmailed by customers.
For sex workers in violent, unprotected sex there is a very important side that is not customary to discuss-money. In the lists of services that can be found on the pages of sex workers on the network, oral sex without a condom is often indicated for an additional amount. It is believed that it is less traumatic and less dangerous: some of the diseases are not transmitted to him, and the girl controls the situation better.
Clients regard this as if unprotected penetration can also receive an additional payment. But the Silver Rose emphasizes: no logical connection here exists. In the vast majority of cases, sex workers use condoms during sex. Even if you forget about the fear of infection, possible losses from the consequences of unprotected contact outweigh the momentary benefits: treatment, and even more terminating pregnancy, deprive the sex worker of earnings for a long time.
Only to fix the damage, heal the bruises, take tests, drink antibiotics and go through all doctors, will leave for two weeks. “Professionals prefer to protect themselves, and they are infected by customers in case of violence. Voluntarily for this, only the most marginal and descended for such an additional payment go. And even then they prepare in advance: they drink contraceptives, hold emergency medications at hand. Marina was clearly not ready for unprotected sex: she always used condoms and did not even think that this could happen, ”they say in a“ silver rose ”.
A week later, the rapist found out that Marina was still in the police, immediately came to her again and offered twenty thousand rubles for the review of the statement. Such a compensation did not suit the girl: “He at least deprived me of a month of time, and on some days I can earn up to ten thousand rubles. I told him about this, he began to complain that there was nothing to feed his family, there was no money, and he allegedly extort three million rubles for closing the case. ”
A few days later, the consequences of rape opened: the first unprotected contact in nine years - and an undesirable pregnancy. Frightened, Marina came to the same police station and once again left the testimony, supplementing them with a certificate of pregnancy. The investigator assured that a criminal case will necessarily be instituted from day to day, even showed a draft of the decision to detain and initiate a criminal case.
By this moment, the girl knew for sure: the only thing that would suit her was the real term for the rapist. She did nothing wrong, and no one had the right to offend her so much. “I could forgive him, probably, if he just hit me. But abortion is a sin. I feel that the grave is now inside me, ”says Marina.
The “honeymoon” with Marina’s police ended sharply: after an abortion, she wanted to know from the investigator what was there with the case, but the phone did not answer. When the girl came to the department personally, she, without explaining to her, directly said: "There is nothing to go here, you have a refusal." Marina demanded a copy of the procedural decision to refuse to initiate the case, turned to the regional police and the prosecutor’s office and again began to wait.
Illustration: Rita Cherepanova for TDThe decision on the refusal came only a month later. The events in it are set out differently: it is said that sex was by agreement, the girl was the first to bit the man for the genitals, and only after that he began to beat her, angry with pain caused. Previously, the same testimony was given by the suspect. In the resolution, the investigator comes to the conclusion: if the girl offers oral sex without a condom and at the same time “the list of services on the site is not exhaustive”, then the victim can also agree to other types of unprotected contact. Despite the recorded beatings, the conclusion of the forensic examination says that the victim has no damage that entailed a disorder or harm to health.
But the main thing is that the lawyer of the “silver rose” Darina Ivanchenko draws attention to, as the refusal to initiate the case is explained. The document about the victim says: “He leads an immoral lifestyle, for a long time is engaged in the activities“ prostitution ”<...> taking into account the identity of the applicant and the circumstances in which the events occurred, the investigation has reason to believe that they have lost their public danger - a mandatory sign of the corpus delicti.” The fact that the suspect was previously repeatedly convicted is not mentioned in the decision to refuse.
Darina Ivanchenko says she never saw such a formulation. “This is a phenomenal document and a completely inadequate text. The whole situation is a striking example of a violation of all rights that can only be, ”the lawyer is indignant. -A person who is more or less familiar with jurisprudence will definitely tell you: the moral appearance and personal qualities of the victim cannot affect the corpus delicti. The composition of the crime here is the actions of the rapist. ”
"Anyone can be a victim, at least a serial killer"The lawyer who helps Marina is sure: the decree was prepared by the young investigator, it was compiled extremely inaccurately and it was highly re -written in a hurry. “Nowhere is it said about a hacksaw, which was threatened by the victim, although she was seized. There is not a word about the unwanted pregnancy. The forensic expert did not describe at all even half the damage: it is not indicated that the girl had a closed head injury and a concussion. The text says that she agreed. But when a person hits and continues sexual intercourse, this is already rape, not sex. ”
The prosecutor’s office recognized the refusal legitimate, since Marina “provided intimate services on a reimbursable basis, and no objective data indicating rape was received”. The Silver Rose promises to file complaints in the interests of the victim to all authorities, up to the ECHR. “We will achieve fair punishment for the rapist. A person must answer for what he did, and now he lives calmly, exists-well, you think, he had a prostitute without an elastic band, he picked up a mug, what is such and such? ”
The most common version, which is almost always put forward by the violence suspects regarding sex workers: for some reason, sex did not arrange them, and they did not pay for him, and the conflict arose, says lawyer Andrei Zolotukhin. It is difficult to refute such a slender version to the investigator, but there are several tricks that can help.
One of the unofficial tricks used by many investigators is to leave the victim and suspect in the premises and record their conversation. When the police leave, the parties communicate more openly. Another method, widely used precisely in rape matters, is a polygraph. The use of a “lies detector” is still not certified as an examination, officially this is only a study - and its conclusions should be treated carefully. Indicators can be inaccurate, and only a specially trained polygraphologist should formulate questions correctly. In matters where the fact of contact is established, but it is not known whether the conflict arose on domestic grounds or during sex, one polygraph can not do.
For example, a psychological and psychiatric examination can help, for example, who will answer the question whether a person is prone to violence. But it is difficult to petition for its implementation before initiating a case, and in this case it can only be voluntary - so that both the suspect and the victim can ignore it.
To prove her case, Marina applied for a study on a polygraph. The results showed that "the surveyed information does not have hidden information." Although the girl insisted on a survey of the suspect, he did not go through the audit.
The lawyer Zolotukhin believes that the decision that the investigator in the case of Marina prepared will be canceled as legally incorrect-and will reform him in some other form, without changing anything on the merits.
Marina is a single mother, her child lives in another city with relatives. Most of all, the girl is afraid that someone can contact her family and reveal everything that happened. For Marina, the rape turned out to be a big blow, and she still does not know whether she acted correctly, agreeing to publicly talk about it.
Уже после интервью девушка позвонила и еще раз попросила убрать из текста все детали, какие только возможно: регион, возраст, точные даты. «Синяки на лице не сходили пять недель, и женская половина родни сразу поняла, откуда они. Может быть, это паранойя, но я не смогу рассеять их подозрения — я ведь в их глазах сущий ангел, и мне нельзя позволить себе так их расстроить».
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