Groundbreaking Gender-competent Forensic Psychological Evaluations Changes Judicial Outcome in Buenos Aires

This year, Buenos Aires celebrated a landmark achievement in the fight for justice with the successful implementation of a forensic psychological evaluation utilizing a gender competence approach, which altered the outcome of a five-year-long judicial process. The decision marks a significant turning point for survivors of gender-based violence seeking accountability and justice in Argentina.

Background

In 2018, a case was brought against RCR, accused of sexually abusing his daughters, CBR and VAR, between 2013 and 2016. The initial investigation was flawed, with significant biases in psychological assessments and a failure to properly analyze the victims' testimonies. The judicial ruling heavily relied on subjective opinions rather than concrete evidence, casting doubt on the victims' accounts and excluding crucial psychological evaluations as evidence.

Jimena Gibertoni and Yamila Carballido, dedicated to protecting the rights of the survivors, stepped in to advocate for justice. After identifying inconsistencies in the psychological evaluations and discrepancies between official reports and private assessments, they formally requested a medical board to review the evidence. This led to the exclusion of the original forensic evaluation from the judicial process.

Over the next five years, Gibertoni and Carballido advocate alongside the victims, seeking justice and accountability. On December 18, 2023, their efforts were reflected when a new decision was made—this time with the inclusion of a forensic psychological evaluation based on gender competence. This evaluation was finally admitted as evidence in the criminal case.

A step forward for justice

The forensic psychological evaluation, grounded in gender competence, proved instrumental in achieving a fair ruling. This approach ensures that psychological and medical assessments are conducted with an understanding of gender dynamics, preventing biases that can undermine justice for survivors of sexual and gender-based violence. The case highlights the importance of implementing Article 7(b) of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (“Convention of Belém do Pará”), which calls on states to act with due diligence to prevent, investigate, and punish violence against women.

“For far too long, survivors of gender-based violence have faced revictimization through flawed judicial processes,” said Gibertoni. “This case shows that with perseverance, it is possible to change the course of justice and ensure that survivors are treated with the dignity and respect they deserve.”

Conclusion

The success of this case sets a precedent for the importance of gender competence in forensic evaluations and legal processes. It underscores the need for more trained experts and the proper application of gender perspectives to avoid miscarriages of justice. Above all, it reaffirms the rights of survivors to seek justice and to be heard, without bias or prejudice clouding the path to accountability.

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