Nauru police close case of alleged rape of Somali refugee citing lack of evidence

http://www.theguardian.com/world/2015/oct/12/nauru-police-close-case-of-alleged-of-somali-refugee-citing-lack-of-evidence

Version 0 of 1.

Nauru police have closed an investigation into the alleged rape of a 26-year-old Somali refugee on the island, citing a lack of evidence.

The woman – whose terrified phone call to police begging for help as she feared the return of her attackers was played on ABC television – remains on the island.

The alleged incident is separate to another rape case on Nauru which left a 23-year-old Somalian refugee pregnant. That younger woman has been flown to Australia to terminate the pregnancy at her request.

The Nauruan government’s Australian public relations firm on Monday released – along with a media statement – a copy of the police report of the alleged assault on the 26-year-old woman.

The PR firm did not remove the woman’s name from the document disseminated publicly. Guardian Australia has chosen not to name her.

In the police report, the woman states that on the evening of 21 August, she was walking on a path near camp three on the island.

She said two local men grabbed her as she walked and dragged her into a nearby cave.

Related: Somali refugee raped on Nauru brought to Australia for pregnancy termination

Inside, she said that one of the attackers forcibly tore off her dress and pants and held her down by her arms. He raped her twice – once for 15 minutes and once for 10 minutes – the woman said.

As she screamed for help, one of the men hit her on the side of the head with an unknown object.

The woman told police that at the end of the assault, her attackers then threw her into another cave nearby, where she hurt her right leg.

After the men left, she contacted a camp welfare officer by phone, who contacted police on her behalf. The phone call played on television was of her speaking with police by phone as they tried to find her in the dark.

Two police search parties searched the area, and photographed the scene where the victim was eventually found, several hours after the attack. The victim was taken to hospital for medical examination.

But Nauru police have now closed their investigation recommending the case be closed and no prosecution pursued “due to insufficient evidence found to prove alleged offence or rape”.

Police said that at the scene they found no evidence of the victim’s clothes being ripped, and no visible cuts and abrasions on her body.

Police say they were also unable to to find the “cave” into which the woman said she was initially dragged, and that a medical examination found no evidence of rape.

“There was no lacerations or bruising around the vaginal region and a spermatozoa test on the victim after a vaginal swab proved negative,” the police statement said.

“Investigating officers have found that victim’s claimed (sic) were insufficient from physical evidence to medical evidence.”

Ian Rintoul from the Refugee Action Coalition said the Nauruan government’s public release of the woman’s name was a “shocking attempt to intimidate women refugees on Nauru”.

“To publicly release this woman’s name has not only revealed the government’s contempt of her basic right to privacy, but it has also put her at risk of retribution.”

He said systemic violence against women on Nauru was well-documented, and that police did not investigate allegations made by refugees and asylum seekers seriously.

No Nauruan has ever been charged with any offence against any refugee or asylum seeker, though some investigations are ongoing.

“The police report uses tainted assumptions such as lack of torn clothing or lack of abrasions as being lack of evidence of rape. Even at a basic level, tearing off clothes does not mean that clothes are torn.

“We know from the Moss inquiry and the Senate inquiry that the police are not responsive to allegations of sexual abuse. The Nauru government is desperate to cover-up the epidemic levels of sexual violence on Nauru and its inability and unwillingness to take measure to provide basic security for the refugees in Nauru.”

Mercer PR, which released the police statement, did not return calls from Guardian Australia.

A spokesman for the company told the ABC that the government of Nauru, and its police force, had authorised the release of the alleged victim’s identity.