State does not protect me: who will protect me? Analysis of the barriers to access to justice for women victims of sexual violence in Medellín (2022)

Abstract

This article raises the issue of revictimization in cases of women victims of sexual violence, analyzing how the social narrative recurrently points out and judges the victims, mainly women, by their behavior or clothing, which sustains impunity and silences their manifestations in search of justice. These signals come from gender roles, which establishes rules of behavior, from where a classification of “good” and “bad” women arises, from there, the deserving of justice is weighted according to the circumstances in which the event occurred, subtracting guilt to an unjustifiable violence, since women are not objects of consumption on demand. Sexual violence is an expression of power and control, supported by a patriarchal society that still places and maintains the male gender over the female gender in the power structure. Minimizing the background, causes and consequences of SV perpetuates this cycle, leaving deep traces not only in the body, but also in the mind and emotions of the victims. This general prejudicial thinking hinders access to justice through social, legal, procedural and administrative barriers. In the construction of the document, use was made of qualitative and documentary methodology, since the barriers faced by women victims of sexual violence in access to justice are examined through the analysis of documents issued by the authorities in the city of Medellin and previous studies. In addition, state obligations in the care of these women are studied. The observation, from a gender perspective, will show how biases, stereotypes and prejudices perpetuate impunity. This research seeks to show the existing barriers for women and to propose strategies that promote a kinder and more effective response by the judicial system.