Victim blaming is somthing we often do in the context of rape cases, especially when it comes to women. What was she wearing? Was she leading them on? Why was she out alone and where was she going? Ignoring the atrocities that the victim had to go through, we try to find their fault in the case. Media portrays rape as “unwanted sex” or “forced sex” when the correct and only term is in fact rape. Well, in this case would anyone dare question the motives or intentions of an 11 year old Alebeian girl simply going to the park, when she was gang raped by 5 men for serveal hours. Would anyone say she was “midleading” these men or that this was simply a case of unwanted sex.
The Prosecutor’s Office file states that three people initially approached the girl and said, “My dear, I like you,” as one of the suspects began to touch her lower back and stomach. In the park, the suspects then took the girl’s clothing off before sexually assaulting her as one of them held her wrists and lips. According to the report, she was sexually assaulted by the first two suspects in a park before being intercepted by a third person near her house, loaded into a car with three more persons, and driven away.
Kosovo didn’t only fail the day the horrific incident took place but the institution and judicial system failed when the four members were sentenced to only a one month detention, simply because three of the members facing time are minors. Due to the unjust outcome of the trial protests have been happening across Kosovo with the prime Minister of Kosovo, Albin Kurti, demanding deserved punishment for the rapists of the 11-year-old girl.
According to the Kosovo’s Women’s Network, over 70 per cent of all sexual assaults and rape in the country involve female minors. This case is not alone, they hundreds of thoudands of rape cases in Kosovo annually, a lot more occurrences never reach the police. According to NGOs working on women’s rights, social shame, retaliation fear, and a lack of faith in governmental institutions that typically blame the victim dissuade many women from reporting sexual harassment.
Now to address the question on everyone’s mind, what’s to be done going forward? According to Justice Minister Albulena Haxhiu, a list of convicted sexual abusers and domestic violence offenders would be published as a result of the modifications to the penal code. Verdicts in cases involving those “found guilty of the criminal crimes of rape, sexual assault, and domestic abuse” will be made public by courts. The law amendments would also prohibit anybody convicted of rape, sexual assault, or domestic abuse from holding a driving licence for one to five years and from running for public office or serving as a strategic investor for a period of three to ten years.She also said that anyone found guilty of rape would be prohibited from working in the public sector.In order to improve the effectiveness of the legal system in situations of rape, sexual assault, and domestic abuse, the government has adopted a draught bill on modifications to the criminal process code.According to Haxhiu, “this allows for the speeding of processes to guarantee an effective investigation and trial.”Investigations must be finished within a year, one-judge trials must be finished in 60 days, and jury trials must be finished in 90 days.Haxhiu said that the modifications will outlaw virginity tests.
While judicial change is being brought about, a change in mentality is long needed as well. The younger generation needs to be educated on topics like these, which are usually not talked about due to them being considered too heavy. It is important young women and men are aware of the horrific events happening in our surroundings, so that they can stop mistakes being made by the current generations and hopefully start anew. A place where women can feel safe going out alone at time, where sexual assault is considered sexual assault even if the couple are married, where young women aren’t sexualised and a country where no rapist facts a mere month is jail, while the victim may be paralysed for life as what happened in kosovo case. Only in a ideal world like this where we can irradicate rape and sexual violence would I want my daughter to live.
