Department heading

In Hesse, a total of 455 cases of rape or aggravated sexual assault were reported in 2008, in 2009 there were 481 cases. Suspects are 99% male, alleged victims are 96% female. The clearance rate was 82%. Across Europe, a rising number of reports contrasts with a falling conviction rate.

The consolidation of evidence necessary to solve and prosecute the crime can be supported by forensic evidence recovery using a documentation tool. Under the auspices of the Hessian Ministry of Social Affairs, a documentation form for sexualised violence and a forensic evidence collection kit were developed to guide and support medical examinations. In 2008, a decree of the Ministry of the Interior regulated their mandatory use. The police were instructed to accompany affected persons to medical care and to urge them to use the documentation sheet.

The research project EID investigated whether and under what conditions the Hessian documentation sheet is used and whether it achieves its goals.

A total of 47 personal or telephone interviews with experts were conducted, of which

• 24 were conducted with commissioners of the Hessian specialised police stations for sexual offences and sexual and homicidal offences.
• 11 with staff of the women's emergency centres
• 6 with gynaecologists from in-patient health care, 1 in forensic medicine.
• 5 within the Hessian justice system (public prosecutor's office, victim advocate's office, judge).

If a person decides to go to the police within 48 hours after a rape or sexual assault and the reported incident is judged by the police to be sexualised violence, it seems to be assured that the police will accompany the victim to a specialist medical examination. This also applies if the police learn of the incident by other means within this period of time.

As a rule, the examination takes place in a clinic. From the point of view of the police and inpatient health care, routines can be developed there that lead to a competent and quick diagnosis. In addition, the practice would be too much disturbed if the examination were carried out by a panel doctor.

Documentation forms and examination kits are available in the police stations. Their use is perceived by the police and medical services as an improvement and standardisation of the investigative procedure. Secured traces are preserved by the police and examined in forensic medicine.

Differences can be described in the passing on of the original document of the findings. While some doctors return the completed documentation sheet to the police in its entirety, there are others who only hand over the sheet in part or write an expert opinion on the contents of the sheet. This is in contradiction to the legal view that the documentation sheet is an integral part of the investigation files in the case of a police-ordered investigation, which are passed on to the public prosecutor's office.

The judiciary is largely aware of the documentation form, but has so far gained little experience with it. The reason for this could be the long time span between the reporting of the incident and the conclusion of the criminal proceedings.

Forensic medicine remembers only a few court hearings in which the documentation sheet was available to corroborate the victim's testimony. According to forensic medicine, the sheet leads to a secure negotiation appearance of the doctors, who can remember the case in detail through the records. For this, however, it is necessary to include a copy of the documentation in the patient files.

If there are 48 to 72 hours between the incident and the report, or if the partner or former partner is reported as a suspect, the procedure no longer seems to be uniform. Some commissioners see no need to use the sheet here. If the incident occurred more than 72 hours ago, a specialist medical report is no longer considered useful.

If a person initially decides to seek medical treatment after rape or sexual assault, they may be urged by clinicians to report the incident. Health care providers are sceptical about reports on behalf of the patient. One reason for this is that the assumption of costs is then not clarified. At the same time, those affected are far less likely to believe that they have experienced violence. If a report is nevertheless made, it is not necessarily as complete as if it were documented by the police. The chances of success in criminal proceedings initiated later are correspondingly lower.

Since 2010, it has been possible to obtain evidence on behalf of the patient in two regions of Hesse.

The women's emergency centres in Hessen are basically very positive about the introduction of the documentation form. Some of them criticise the fact that after sexualised violence, women have too little leeway in deciding whether and when to report it. Some of the interviewees refer to the danger of retraumatisation through criminal proceedings and the woman's renewed experience of not being able to decide for herself what happens to her.In the short period of time after the incident, within which traces can be secured for use in court, the victim of violence is overwhelmed to think about the consequences of filing a complaint. All in all, the psychological stress of victims of violence is not taken into account enough in criminal proceedings.

The Hessian documentation form in cases of sexualised violence has been implemented and fulfils its objective in investigative procedures. Hessen has taken on a pioneering role nationwide. An important prerequisite for success is the Hessian decree situation.

The effects on criminal proceedings should be examined more closely in about two years on the basis of a file analysis.

Accompanying and supporting trainings continue to be useful for all actors in order to gain confidence in action and to improve the care of victims of violence. This applies, among other things, to the differentiation from the procedure in cases of domestic (physical) violence and to the handling of the completed documentation form.

The situation of the victims of violence can be significantly improved by patient-commissioned documentation and securing of evidence, because the decision to file a complaint allows for more time. With the opening of the protective outpatient clinic in Fulda, it has been ensured in a second region of Hesse that findings ordered by victims can be carried out and evidence preserved. This considerably facilitates prosecution in the event of a report being made more than 48 hours after the crime.