Author: Esmeralda Pashollari
"17 years of imprisonment" - this is the decision taken by the Tirana Court of Appeal two years ago for citizen QN, who had been forcibly having sexual relations with his minor daughter for a long time. The court's decision to leave the three children in the custody of their mother after the dissolution of the marriage did not prevent the 65-year-old from taking the children back to his home and continuously abusing his youngest daughter.
"He was very controlling towards her," the victim's sister testified before the court, admitting that the mother and the minor's aunt were also aware of the relationship that the abusive father had established with her daughter. " When I was 8 years old, I remember that one day my father was drunk and we were walking down the street together. When there was no one around, he pulled her, kissed her on the lips and let her go," she testified, claiming that she had not reacted before out of fear that QN might exercise physical violence against her.
During the court hearing, the victim, now an adult, admitted that in 2012, as a result of continuous abuse, she underwent an abortion. "The fact that the victim underwent an abortion is also confirmed by scientific evidence, a certified copy of the original medical record of the citizen sent by the 'Queen Geraldine' Obstetric and Gynecological University Hospital," the court hearing minutes state.
Sexual abuse of minors, official figures
8 (eight) cases of sexual abuse of minors were registered by the State Police from January 1 to September 30 of this year, according to the official response of this institution to the Albanian Center for Quality Journalism. Meanwhile, the police informs through the language of numbers that there were 10 cases where the abused between the ages of 14 and 18 denounced the abusers for the criminal offense of "violent sexual/homosexual relations".
"Statistical data shows that 1 in 10 children are victims of violence and sexual harassment ," Altin Hazizaj, one of the founders of the "Center for the Protection of Children's Rights in Albania", tells ACQJ, who admits that "compared to European Union countries, Albania has an under-reporting in this regard."
According to Hazizaj, from the monitoring that the "Center for the Protection of Children's Rights" has made of the reports coming from the NJMF (Child Protection Unit) or the Police, it results that for the period 2020-2021, there are at least 100 cases of sexual violence against children and adolescents.
"The factors that influence the high number of sexual abuses among minors are psychosocial factors, the lack of recognition of personal boundaries," psychologist Brunilda Laboviti tells ACQJ, according to whom the lack of technology monitoring is another reason why the most vulnerable children can fall prey to sexual abuse.
"Also, living in an extended family with other relatives can be risk factors for children," Laboviti concludes.
Meanwhile, for sociologist and Sociology professor, Gëzim Tushi, the increase in the number of sexual abuses against minors comes as a result of several factors, "among which is the insufficient work done by the family, school, and media for the poor formation of children and young people in society . "
"The phenomenon of sex maniacs and horrific forms of sexual abuse of children have increased and expanded in society. The extent of this particular type of sexual crime, even as much as is declared in the media and the public, is worrying. Not to mention that there may certainly be many clandestine, hidden and undeclared abusive relationships," says Tushi.
The State Agency for the Rights and Protection of Children (ASHDMF) informs ACQJ that 73 cases of sexual abuse of minors were registered in the country during 2021, while 155 cases of physical violence against minors were registered.
These numbers raise questions not only about the effectiveness of the tools available to potential minor victims of sexual abuse, but also about the difference between the numbers reported by the State Police and other state agencies.
Study: Minor survivors of sexual violence, without institutional support
The joint study of ECPAT International with CRCA/ECPAT Albania shows that children and adolescents who have survived sexual violence in the country "lacked professional Services for dealing with the consequences of violence or even information on how to protect themselves from sexual violence".
"All victims indicated that they had only received partial Services, not at all coordinated, often truncated or for a very short time," Hazizaj tells ACQJ, who admits that every institution lacks basic protocols and standards.
Meanwhile, the State Agency for Children's Rights and Protection informs that "case management is led by Child Protection Workers in cooperation with the Intersectoral Technical Group". According to the official response of this institution, after the identification of a case of abuse of a minor, the initial assessment is carried out within 24-48 hours.
"In principle, we can say that only a very small portion of children receive basic Services, but not all the necessary Services that an individual needs to rehabilitate from the consequences that sexual violence and such a crime causes in a child," concludes Hazizaj.
How can child abuse be prevented?
"CRCA/ECPAT Albania has been asking the Ministry of Education for at least 3 years to change the entire approach that this institution has against violence in general, and sexual violence in particular," says Altin Hazizaj, denying that any measures have been taken by the Ministry of Education so far.
"The Ministry of Health and the new Ministry of Children urgently need to develop new policies for the protection of children from sexual violence, service standards and the obligations that institutions have in this regard," says Hazizaj, underlining that talks with the Ministry of Health have not yielded results. "The lack of funds from the state budget prevents them from undertaking this much-needed reform for the protection of children," he says, adding that Albanian legislation also needs changes.
"Do you know what the biggest scandal in our Penal Code is? If for us, as experts, sexual violence against children is considered any action that an adult undertakes using a child as an object to achieve his sexual pleasure, for the legislator in Albania, sexual violence is considered only the forcible penetration of a child!" - says Altin Hazizaj, according to whom the classification as "indecent acts" or "sexual harassment" affects the non-punishment of some sexual crimes.
"One of the ways to protect families from sexual abuse is to create among them a culture of denouncing any type or form of sexual seduction, pressure or harassment, whether verbal or physical," says sociologist Tushi, according to whom it is necessary to "work to improve sexual education indicators, but above all, the qualities of work for the 'humane education' of children, adolescents, and young people so that they understand the right relationships of sexual behavior . "
