CSS Solved Criminology Past Paper CSS 2022 | Legal and Ethical Guidelines for Investigating
Question Breakdown
The examiner has demanded the legal and ethical guidelines for investigating gender-based crimes in the question mentioned above. This question can be divided into three essential parts, including explaining gender-based crimes, legal and ethical guidelines for investigating these crimes, and suitable examples. Aspirants should start their answer by defining gender-based crimes and then explain legal and ethical guidelines for investigating them, along with some suitable examples to elucidate them. Adding scholarly references, definitions, and examples will make the answer outstanding. Moreover, flow charts, diagrams, tables, and relevant quotations can further ameliorate the quality of the answer.
Outline
1-Introduction
2-Defining Gender-Based Crimes
3-Legal and Ethical Guidelines for Investigating Gender-Based Crimes
- ✓Prioritizing the Security of Women and Transgender Victims
- ✓Adhering to Confidentiality amid Investigation of Gender-Based Crimes
- ✓Adopting Gender-Sensitive Approach
- ✓Gender-Inclusivity in Police Departments
- ✓Following International Standards for Protecting the Rights of Women and Transgender Victims
- ✓No-Tolerance Policy for Misconduct and Discrimination by Policy Officers
- ✓Using Forensic Science
- ✓Understanding Cultural Contexts while Investigating Crimes against Women and Transgender Community
- ✓Conducting Impartial Investigations
4-Critical Analysis
5-Conclusion
Answer to the Question
Introduction
Gender-based crimes are as old as armed conflicts, as attacks on non-combatants, particularly women and the intersex communities, have been envisioned for centuries. In the contemporary era, forced marriages of both men and women, sexual torture in detention and depriving girls of the fundamental right to education are seen in various parts of the world. Gender-based crimes adversely affect not only the individual victims but also communities, causing psychological disorders, insecurity and social consequences. Besides, several challenges are faced amid an investigation of gender-based crimes, as crime is not reported due to victim blaming and stigmatization, particularly in cases of sexual violence. To mitigate these crimes, certain legal and ethical guidelines are to be followed for the proper investigation of gender-based crimes. According to prosecutor Karim A. A. Khan KC,
“Gender-based crimes are hugely underreported. Survivors are often reluctant to speak out about their experiences for many reasons, including stigma, fear of retaliation and rejection, or unfamiliarity with the criminal process. And yet, many hunger for justice. We must do everything we can to create a safe space for survivors to come forward to teach us what they know and what they have experienced. Then, we must take this forward to court, building the strongest cases possible. This is our charge. It is our moral obligation.”
Defining Gender-Based Crimes
The Policy Paper on Sexual and Gender-Based Crimes by the International Criminal Court defines Gender-Based Crimes as, “The crimes committed against persons, whether male or female, because of their sex and/or socially constructed gender roles. Gender-based crimes are not always manifested as a form of sexual violence. They may include non-sexual attacks on women and girls, and men and boys, because of their gender.” Persecution based on one’s gender is considered a crime against humanity, and there are various challenges in the effective investigation of these crimes. Gender-based crimes include rape, prostitution, enforced pregnancy, sexual slavery and various other forms of sexual violence envisioned in national and international armed conflicts. According to the World Bank, gender-based violence is a global pandemic that adversely impacts one in three women in their lifetime.
Legal and Ethical Guidelines for Investigating Gender-Based Crimes
In order to investigate gender-based crimes, following certain international legal frameworks and ethical guidelines is crucial for prioritizing the security of victims, maintaining justice as well as guaranteeing transparency, impartiality and confidentiality.
Figure 1: Legal and Ethical Guidelines for Investigating Gender-Based Crimes
- Prioritizing the Security of Women and Transgender Victims
While investigating gender-based crimes, respecting and being empathetic to victims holds great significance. Most of these crimes remain unreported because of a lack of empathy among police officers as well as victim blaming. Furthermore, victims of gender-based crimes are stigmatized by society, which results in marginalization and, sometimes, indulgence in criminal behaviour. Therefore, ensuring a victim-centred approach while investigating gender-based crimes is paramount in order to empower the survivors rather than labelling them. Pakistan has initiated a program in 2023 to train police personnel to conduct investigations in such traumatic circumstances.
- Adhering to Confidentiality Amid Investigation of Gender-Based Crimes
According to Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), protecting the rights and confidentiality of victims is mandated. In his theory of Ethical Relativism, John Stuart Mill has emphasized the substantial role of moral principles in guiding actions and ethical conduct in investigations. Adhering to confidentiality is required amid investigations so that the victims can be protected from stigmatization, retaliation as well as violence. In India, the identity of rape survivors cannot be unveiled regardless of circumstances, as mandated by the Supreme Court in Nipun Saxena v. Union of India in 2018.
- Adopting Gender-Sensitive Approach
According to the Feminist Perspective, the legitimization of patriarchy through cultural norms and structural policies perpetuates gender-based crimes. While conducting investigations of gender-based crimes, law enforcement personnel ought to understand the power imbalances in patriarchal societies, discrimination against women and intersex communities, social norms, as well as the psychology of victims. According to a report published by the United Nations, 60% of women are reluctant to report crimes due to insensitivity among police officers. Moreover, a report by the Human Rights Campaign in the United States unveiled that 75% of transgender people face marginalization during their interactions with law enforcement agencies. In 2022, through an initiative by the United Nations, three thousand police officers were trained in gender-sensitive approaches, due to which a forty per cent increase was envisioned in reporting cases of domestic violence within Africa.
- Gender-Inclusivity in Police Departments
In order to investigate gender-based crimes, the inclusion of various genders in police forces is essential so that the cases can be handled with expertise and sensitivity. This will also help in enhancing public confidence in law enforcement agencies. According to the Social Disorganization Theory, marginalized communities like women, transgender or intersex communities, etc., do not trust police departments, which prevents them from reporting crimes. Women Police Stations and the inclusion of women in the police forces, such as in Pakistan, provide a secure environment for women to report crimes without any fear of harassment. Similarly, specialized units for violence against transgender and intersex communities also increase the number of reported crimes like the establishment of Gender Violence Units did in Argentina.
- Following International Standards for Protecting Rights of Women and Transgender Victims
Following the due process of investigation and complying with national and international legal frameworks is crucial for safeguarding the victims of gender-based crimes as well as protecting the rights of suspects. Article 6 of the Universal Declaration of Human Rights delineates that every individual has the right to recognition before the law. For instance, in the United States, law enforcement agencies are mandated to guide victims about their rights according to the Violence Against Women Act.
- No-Tolerance Policy for Misconduct and Discrimination by Policy Officers
Women, transgender and intersex communities often do not report crimes and avoid visiting police stations because of mistreatment, lack of empathy and biasness of police officers. Such attitudes of law enforcement personnel ought to be discouraged, and transparent accountability mechanisms should be ensured so that police officers treat every individual properly. In 2023, a police officer in Germany was dismissed because of misconduct with a transgender amid an investigation, which had set a precedent for professional attitude while dealing with gender-based crimes in the country.
- Using Forensic Science
According to Section 157 of the Code of Criminal Procedure 1898 (CrPC), evidence should be collected from the crime site, such as blood-stained earth, clothes, weapons of offence, etc. To ensure an effective investigation and prosecution process, evidence should be collected through advanced technology and modern forensic tools. The Rational Choice Theory by Gary Becker puts forth that advanced technology can help in mitigating and deterring crime as it can increase the perceived risk of detection and apprehension. For example, in the O.J. Simpson case, DNA evidence was used, which accentuated the need for forensic science in criminal investigations. In addition, in 2023, DNA evidence helped in the conviction of a serial rapist in South Africa, due to which a number of victims acquired justice.
- Understanding Cultural Contexts while Investigating Crimes against Women and Transgender Community
According to the Policy on Gender-Based Crimes by the International Criminal Court, while doing an investigation, officers should have a sound understanding of history and cultural contexts. Moreover, in order to enhance their communication with witnesses, they should be provided with glossaries of culturally appropriated terms, idioms and euphemisms. The investigators should understand that societal norms and traditions also sway victim behaviour. Though non-governmental organizations such as the Aurat Foundation collaborate with law enforcement agencies to ensure cultural-sensitive reporting, most gender-based crimes remain unreported in rural areas of Pakistan because of societal pressures.
- Conducting Impartial Investigations
The Policy Paper on Sexual and Gender-Based Crimes by the International Criminal Court emphasizes that for accountability, transparency, and the prevention of gender-based crimes, unified action and commitment, along with dedicated efforts by all stakeholders, is essential. Furthermore, the investigators should be held accountable so that an impartial and thorough investigation process can be ensured. For instance, Bangladesh introduced a system for tracking the progress of investigations of gender-based crimes that not only ensured transparency but also fostered public confidence in law enforcement agencies.
Critical Analysis
While investigating gender-based crimes, a combination of legal precision and ethical sensitivity is required. Gender-based crimes have various underlying reasons; therefore, amid the investigation process of these crimes, not only visible acts of violence ought to be investigated, but also the sociocultural structures that legitimize and perpetuate violence. International legal frameworks like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which prioritize the security of victims and accountability during the investigation process, should be adopted across the world. Pakistan is not only a signatory to CEDAW but also has various laws, including the Code of Criminal Procedure 1898 (CrPC) and the 1973 Constitution, that delineate the procedures and requirements for investigating crimes. Nonetheless, the process is flawed in the country because of the lack of training and professionalism of the investigating officers. Furthermore, biasness, victim blaming, corruption and torture are common problems in the investigation of gender-based crimes in Pakistan. By adhering to the legal frameworks and ethical guidelines, states will not only be able to maintain justice but also eradicate gender-based violence by transforming cultural norms and structural policies from destructive to constructive ones.
Conclusion
To cap it all, the investigation of gender-based crimes requires a detailed inspection of crime while understanding the sociocultural and historical contexts. Moreover, it should be ensured that the evidence is properly collected and documented. The specialized training programs for police officers are essential so that they can adopt a gender-sensitive approach while conducting the investigation process, rather than stigmatizing and blaming the victim. Gender-based crimes are heinous and pervasive; however, they remain underreported because of societal pressures and cultural norms. Besides being empathetic, the investigating officers should collect evidence from multiple resources. Along with the testimony of witnesses, forensic evidence is also crucial to carry out proper investigation of gender-based crimes. Prosecutor Karim A. A. Khan KC is of the notion that,
“We must continue to mainstream our awareness and application of best practices in the investigation and prosecution of gender-based crimes and ensure the prioritization of these crimes at all stages and across all of our situations and cases.”
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