Men are more likely to report sexual violence during wartime. An interview with human rights advocate Lyudmila Guseynova sheds light on this issue.

“When I finished my speech at the UN, there was silence”

According to data provided in July 2024 by lawyer Marina Rudenko, law enforcement is currently investigating nearly 500 cases related to sexual violence in conflict. What challenges do you see in proving guilt in such cases?

Almost all perpetrators remain in temporarily occupied territories or within the Russian Federation. It is clear that Russia does not extradite these individuals and has no plans to do so. The perpetrators themselves also do not leave the country, as they are aware of the potential consequences. Moreover, most of them are not allowed to leave the country due to certain restrictions imposed by Russia on those who work for it.

However, I believe the problem is not only that we cannot punish them. The main difficulty is that since 2014, at the beginning of the war with Russia, this issue has received almost no attention. Now we are aware of numerous instances of sexual violence that occurred as early as 2014-2016 against individuals in occupied territories and captivity.

The war has lasted over ten years, and only now are we actively discussing sexual violence related to the conflict as a war crime.

Another issue is that our Criminal Code does not have a separate article addressing such crimes. However, work is actively being done on this matter.

Why is sexual violence still used as a tool of war?

Sexual violence has been used as a weapon of war for centuries. It seems that after the notorious Nuremberg Trials, humanity should have learned its lessons, but sexual violence as a weapon has remained unpunished. Soviet soldiers raped Polish and German women, while German occupiers raped Soviets. Yet there have been no convictions or investigations into these crimes.

Unfortunately, our society is still not ready for an open discussion of this issue. Empathy for victims of conflict-related sexual violence is only beginning to form.

I feel very sorry when journalists sometimes approach me with interview requests, but they are only interested in the process of sexual violence: “What happened?”, “How did it happen?”, “Was it rape?”. This lack of understanding exists even among the victims themselves, as many do not realize that they were subjected to sexual violence.

Not all victims of sexual violence are ready to speak about their experiences. What do you think would help more victims open up so that law enforcement can document these cases?

We need to conduct more powerful information campaigns. Over the past two years, such efforts have begun, but the scale is still insufficient. It is crucial to convey to society the important message that sexual violence is a war crime.

There is no guilt on the part of women who were raped or stripped in occupied territories or subjected to other forms of sexual violence. There is no guilt on the part of men who endure horrific acts in Russian captivity.

We must communicate to society that the enemy and the criminal are one — it is the Russian Federation. It is its soldiers who commit these crimes. The leadership of Russia gives the green light for these crimes to be carried out.

We need to talk more with the victims, show them our care, and provide opportunities for psychological support. It is essential to create a system based on trust.

We should develop community organizations that unite the victims. These include organizations like “SEMA Ukraine,” ALUMNI, and “Numo Sestri!”. They bring together people who have experienced sexual violence, provide support, and inform them about available assistance.

I recently attended the presentation of the book “Ukraine Does Not Remain Silent. Chronicle of Counteraction to Sexual Violence in Conflict (2022-2024).” It contains 25 interviews with victims, representatives of civil organizations, and the state. This publication aims to show society that it is important not only to survive but also to find the strength for further life and development. My story is included, as well as that of Oleksiy Sivak, who, despite what he endured, united other men for mutual support.

You undertook an advocacy trip to the USA, where you spoke at the UN about women in captivity and what they are experiencing. Does the topic of sexual violence resonate with our foreign partners?

This was my third speech at the UN. My first trip took place just a few months after my release from captivity. I was freed in October 2022, and by early 2023, at the invitation of the UN Human Rights Council, I was speaking at the UN. My main goal then was to raise awareness about the women who remain in captivity. I spoke about the horrific conditions they endure and the torture they face daily. I witnessed this firsthand, having spent over three years in a detention center in Donetsk.

I spoke for the second time a year later. At that time, there had been no mass releases of civilians, and it seemed that nothing was changing. In my speech, I emphasized that politically imprisoned women were being held alongside criminals, some of whom had fought against Ukraine and were then arrested for murder or drug offenses. This created unbearable psychological and physical pressure, which continued under the orders of investigators.

Each of our statements does have an impact. Just a year after that, Russia stopped holding political women alongside criminals — they were transferred to separate cells. Additionally, there were several exchanges during which women I mentioned in my speeches were released, including Elena Pech, who had been held for six years, Marina Yurchak, and Elena Fedoruk, who had been in captivity for seven years.

This year, I spoke at the UN for the third time and again discussed women who are still in captivity and the ongoing torture. Unfortunately, we were unable to save Viktoria Roschina, your colleague. This is a tremendous loss and pain for all of us.

Does it resonate? I hear it. During my first speech at the UN, I asked: “Why does the world allow Russia to torture citizens since 2014 and do nothing about it?” When I finished my speech, there was silence. It lasted for a minute.

“The law is imperfect, but it exists”

On November 20, the Verkhovna Rada passed the long-awaited bill #10132 on the status of victims of sexual violence related to the armed aggression of the Russian Federation. Were the recommendations provided by your organization — “SEMA Ukraine” — taken into account in the final version of the law?

I personally participated in the development of this law. We met frequently, sometimes weekly, to discuss key issues. I brought our proposals from the “SEMA” organization and other involved women to the table. Some reviewed the document and offered their ideas. I also insisted on certain points, and I am glad that they were included.

I wanted more, but I understood why the state cannot provide that right now. And thus, we found a golden mean during the discussion of the law. Yes, this law may be imperfect, but it exists.

This is an incredible example for the entire world. During a brutal war, we have already made the victims visible today. In Kosovo, for instance, it took decades after the war for the rights of women who suffered sexual violence to be recognized. We have already shown, even in the midst of war, that we support these individuals at the state level and will continue to do so.

You say you wanted more. Which of your proposals were not supported?

I believe that we should also consider children from families where one or both parents have suffered from sexual violence. I wanted social guarantees for such children to be provided.

Also, as someone who has suffered myself, I understand the social and financial problems that victims face, especially those who have left temporarily occupied territories or lost their homes. It would be beneficial if the state provided guaranteed housing or assistance with resettlement. Additionally, instead of a one-time financial payment, there should be regular monthly support, even if it is small, as is done, for example, in Kosovo.

The law has been adopted in the form that the state can currently allow, and this is already an important step. But we must not stop here. I discussed this with the author of the law, Marina Bardina, and emphasized that we need to monitor the implementation of the law. It is crucial for it to work in reality, as we see many socially oriented laws that, unfortunately, sometimes remain only on paper.

How do you think the process of granting a person the status of a victim of sexual violence should occur so that it does not harm them? We know of the unpleasant experiences from Bosnia, where women received assistance in pink envelopes that quickly began to be associated with sexual violence.

The key condition is confidentiality. All measures are aimed at ensuring that the data of victims seeking help or this status is not disclosed.

Moreover, a person wishing to receive reparations is not obliged to contact law enforcement