Investigation into rape case dragged out

Nino Akhobadze 

Nata is 24 years old. She spent summer holidays on the seaside in Kobuleti together with her friend. They met 28 years old G.M on the sea. Nata said when walking on the beach her dress got wet and she returned to the hotel alone to change cloths. (The girls lived in a hostel)  G.M. chased her to the hostel and broke into her room; he tried to rape her. 

“Nobody was nearby at that moment. Then the hostel owner heard my voice, saw the harasser beating me and called police. The harasser did not allow me to speak. He put hands on my mouth. I couldn’t do anything, but finally I escaped him. He treated me horribly, he could not have sexual intercourse with me but he managed to break my hymen by finger,”-the victim reported. 

When police officers arrived at the place the suspect had ran away; though he had left watch and bracelet in the room. Nata said police officers did nothing. 

“There was terrible disorder in the room, because I resisted him; some things were broken, curtains torn, window was broken, because he jumped out of the window.  I had hands and legs injured. Police officers did not take measures; they were waiting for the investigator. Investigator Melkadze told me: “Can you attend trials in Kobuleti?!” 

According to Nata, the investigator asked her to send letter to the harasser where she asked him meeting to give left belongings. Police officers accompanied her during the meeting and arrested G.M. Recognition procedure was conducted and police compelled G.M to write notification that he would never bother Nata in future and let him free. However, as Nata claims, G.M. continued writing threatening text messages to her. 

Kobuleti regional police department is investigating the case. Nata said she was not declared a victim in the case, despite the fact that forensic expertise proves the opposite.

“They immediately took me to the expertise; I provided them with all necessary evidence, based on which they concluded that my hymen was torn on that day. However, the investigation claims I have minor injuries and I am not a victim. They refused to provide me with the expertise conclusion and I applied to Human Rights Centre for help. Then they called me and gave the conclusion; however, an investigator was speaking ironically with me. They do not update me about the ongoing investigation process. They just say the investigation is going on.” 

As Nata pointed out the abuser also changed his testimony after the expertise conclusion. Before he claimed he had sexual intercourse with the victim, but after the expertise conclusion, he no longer mentions the sexual relation with the girl. According to Nata, G.M. has a family and he was once convicted for drug addiction and possession; he was released from imprisonment under bail. The victim girl blames the Kobuleti district police department in dragging out of the investigation process. 

Humanrights.ge contacted investigator Ivane Gvinianidze at Kobuleti district court, who is in charge of the case. He avoided talking about the details, but noted that the investigation is underway.

"The investigation is underway, we have expertise conclusions. I cannot make other comment. The investigation has not completed yet and it is launched under the article about rape, perverted sexual intercourse, and violence. " 

Lawyer Nestan Londaridze of Human Rights Centre provides the victim with legal aid.

“Many problems originated during the investigation process. Investigator Ivane Gvinianidze tried not to provide the victim with the expertise conclusion. After our interference, they informed her about the conclusion over the phone, but he talked with her ironically while it is urgently important to treat the victim of similar crime and the crime itself with high sense of caution. Forensic expertise confirms the statement of the girl. However, she still does not have victim status. The conclusion states the incident happened at the time which is claimed by the victim; the expertise also confirms that the girl was raped. Similar attitude of law enforcement officers to the victim of sexual abuse is astonishing when we have such a high rate of violence against women in Georgia,” the lawyer said. 

(The names in the article are changed)