Insufficient enquiry on rape and victim blaming

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Gender Law Newsletter FRI 2025#2, 01.06.2025 - Newsletter abonnieren

EUROPE: HUMAN RIGHTS (DUTY TO PROTECT FROM RAPE)

Judgment of the European Court of Human Rights of 27 February 2025, X. v. Cyprus (Application No. 40733/22)

The European Court of Human Rights (hereinafter ‘the Court’) has found that there had been a violation of Article 3 and ECHR because of numerous shortcomings in the investigation on a alleged collective rape. This included prejudicial gender stereotypes and victim-blaming attitudes by the assessment of the victim's credibility and an investigation method leading to a re-victimisation.

«[...] The applicant, X, [...] alleges that she was gang-raped by several [persons] when in Ayia Napa, Cyprus, in July 2019. The case concerned the ensuing investigation by the national authorities. After 10 days and a bout of lengthy questioning that lasted late into the night, X ended up retracting her allegations. She was immediately prosecuted for public mischief and was found guilty at first instance. However, she was acquitted on appeal, with the Cyprus Supreme Court noting various failures in the investigative process of her rape allegation.
Also identifying a number of failures in the investigation, the Court found, without expressing an opinion as to the suspects’ guilt, that, in light of the numerous shortcomings identified, the investigative and prosecutorial authorities’ response to X’s allegations of rape had fallen short of the State’s duty (“positive obligation”) to apply the relevant criminal provisions in practice through effective investigation and prosecution. Moreover, the credibility of X’s allegations appeared to have been assessed through prejudicial gender stereotypes and victim-blaming attitudes.»

Direct to the judgment (https://hudoc.echr.coe.int)