Scientific Discoveries

Author: S.Sh. Sotovaldieva
lecturer Kyrgyz State University named after I. Arabaev Bishkek
Author: T.K. Isaev
lecturer Kyrgyz State University named after I. Arabaev Bishkek
Author: M.A. Zakrailova
lecturer Kyrgyz State University named after I. Arabaev Bishkek

"OUTSIDE THE ACCESS ZONE: PROBLEMS OF INVESTIGATING CRIMES AGAINST SEXUAL INTEGRITY IN PSYCHIATRIC INSTITUTIONS"

Key words: psychiatric hospital, sexual integrity, latent criminality, forensic psychiatric examination, victims with mental disorders.

Annotation. The process of pre-trial investigation and collection of evidence on the facts of sexual violence in closed medical institutions of a neuropsychiatric profile. The specifics of the contingent of victims and witnesses, the closeness of the institutions themselves, create conditions in which crimes remain latent (hidden), and the perpetrators go unpunished. The main difficulties of the investigation: Procedural capacity: The main barrier is the assessment of the reliability of the testimony of persons with severe mental disorders. The investigation often faces the problem of distinguishing between real events and painful fantasies (hallucinations, delusions). "Conspiracy of silence" and corporate ethics: Staff at institutions are often inclined to conceal incidents in order to avoid inspections, disciplinary action, or loss of the institution's reputation. Examination difficulties: The delay in reporting a crime (sometimes for weeks or months) makes it impossible to collect biological traces and conduct an initial forensic examination. The problem of the subject: The difficulty of qualifying acts if both the victim and the attacker are patients declared insane. The need to develop special interrogation protocols with the participation of independent psychologists who are not employees of this institution. It is also proposed to strengthen external video monitoring in non-mandatory zones and to introduce the institution of independent ombudsmen for regular monitoring of patient safety.