Many criminal offences go unreported because the victim believes that, in a “one person’s word against another’s” situation, the Police will remain inactive. But what is the reality? Can the Police of the Czech Republic truly dismiss a case on the grounds that a sole allegation is not supported by other evidence?
This typically concerns the criminal offence of rape. It often occurs in conjunction with so-called domestic violence (abuse of a person living in a shared household). These offences are usually difficult to prove, as they take place “behind closed doors”. The victim therefore often reports the crime to the Police without presenting any additional evidence.
Many victims of these offences fear that the Police will not believe their testimony, or may even trivialize the matter and dismiss the case. But what is the reality?
The Police cannot simply conclude that it is a case of “one person’s word against another’s” and dismiss it. If the victim (the reporting party) raises “arguable claims”, the state (the Police of the Czech Republic) is under an obligation to conduct an effective investigation.
What is an “arguable claim”? It is a statement by a potential victim that is sufficiently specific, consistent over time (the account does not change), temporally and spatially plausible, and credible. In other words, it makes sense and the alleged act could realistically have occurred. The victim is not required to present evidence in support of it.
What is an effective investigation? The Police must carry out a thorough and adequate examination of arguable claims. They must establish the facts to the greatest extent possible and obtain all available evidence for that purpose. Such evidence must be assessed with particular care. The victim’s testimony must not be taken lightly.
Tip: Did you know that if you have reported the criminal offence of rape or abuse, you have the right to an effective investigation? If the Police have dismissed your case without sufficient reasoning, you can challenge this. The injured party may file a complaint against the decision to dismiss the case within 3 days of its notification. It is also possible to request a review of the procedure of the police authority or the public prosecutor. Finally, a constitutional complaint may also be filed.
Recent case law of the Constitutional Court
The Constitutional Court recently intervened in a case where the victim had been facing long-term domestic violence by her partner. The alleged domestic violence also included rape. The victim reported the matter to the Police of the Czech Republic, which, however, dismissed it on the grounds of a lack of evidence – typically treating it as a “one person’s word against another’s” situation. A subsequent review by the public prosecutor did not lead to any change.
Až Ústavní soud dal poškozené za pravdu a zdůraznil zásadní princip: pokud oběť přednese tzv. hájitelné tvrzení (tedy konkrétní, věrohodné a reálně možné), vzniká státu povinnost zajistit účinné vyšetřování. Orgány činné v trestním řízení nemohou věc jednoduše odložit pro „nedostatek důkazů“, ale musí aktivně zjišťovat skutkový stav, doplňovat dokazování a své závěry jasně a přesvědčivě odůvodnit.
What evidence could the Police have secured? In the specific ruling, the Constitutional Court mentions, for example, an expert assessment of the victim or the suspect. Based on our practice, we add that rape and domestic violence are often proven through additional indirect evidence (such as witness statements from persons to whom the victim confided or who observed changes in their behaviour; electronic communication between the victim and the perpetrator or acquaintances in which the criminal conduct is mentioned; medical reports concerning accompanying injuries, etc.).
Victims have the right to a thorough and effective investigation, not merely a formal review. If state authorities fail to respect this right, it is possible to seek redress – including by filing a constitutional complaint with the Constitutional Court. This ruling of the Constitutional Court sends a clear signal to all victims: even in “one person’s word against another’s” cases, where you do not have extensive evidence of the crime, it is worthwhile to defend yourself and insist on your rights.
Our law firm provides legal assistance to victims, as well as defence in criminal proceedings. Do not hesitate to contact us – we will be happy to discuss your options and the next steps with you.
