Nikacevic: Adapted behaviour

The Defence of Miodrag Nikacevic, who is charged with crimes committed in Foca, examined psychiatrist Danilo Mihajlovic, who spoke about the findings of a Prosecution’s expert, presented at a hearing held in July 2008.

Prior to his testimony Mihajlovic explained that he reviewed the two statements given by the witnesses, who claimed to have been raped by the indictee, as well as expert Senadin Ljubovic’s findings.

“It is very difficult to provide a good quality findings and opinion, because so much time has passed since then and because of the fact that the victims have survived many other things since their departure from Foca. Whatever happened after their departure might have influence the injured parties’ mental state. It is hard to prove to what extent this has happened,” Mihajlovic said.

Miodrag Nikacevic, a former policeman from Foca, is charged, among other things, with having raped, while being uniformed and armed, two women in Foca in April and July 1992.

The Prosecution examined Dr Senadin Ljubovic at the hearing held on July 8, when he spoke about the consequences of rape on the two protected witnesses.

Mihajlovic said that, when they conduct a court analysis, psychiatrists are obliged to consult psychologists, who may help them determine the degree of mental problems of each patient, because, “objectively speaking, they are not able” to do it by themselves.

“Colleague Ljubovic’s findings indicate that his opinion is based on one or more psychiatric interviews. I can see that he did not mention any medical reports pertaining o the injured parties. Considering the fact that we are talking about violence and rape, we would need to review all gynecological reports as well. Had I been given this task, in addition to conducting an obligatory psychiatric interview, I would have ordered a general medical examination of the injured parties and performed an analysis of all available medical reports,” expert Mihajlovic said, adding that he would have also used help from his colleagues in order to make the findings as “complete and authentic” as possible.

The expert psychiatrist said that, although rape implies the use of force, in this concrete case, after having read the statements, he “could not see that any physical force was used”, adding that he could not see the existence of “any flaming mental reaction”, acute stress or mental shock.

“Raped women may react in this way, but this is not necessarily the case. Sometimes raped women act in an adapted way,” the expert witness said.

Answering Prosecutor Behaija Krnjic’s questions in the course of cross-examination, Mihajlovic said that, since 1992 up to present date he had not had an opportunity to give expert opinion about or treat women, who had been raped in the course of the war.

The trial is due to continue on October 28, when the last Defence witness will be examined.