Despite global commitments to combat sexual violence, legal systems across various regions continue to fall short in protecting survivors and ensuring justice. Here are seven critical ways these laws are failing, perpetuating cycles of violence and discrimination:
1. Laws Allowing Perpetrators to Walk Free Through Settlements, Including Marriage
In some countries, legal provisions enable perpetrators of sexual violence to evade punishment by marrying their victims or reaching extralegal settlements. For instance, in parts of Eurasia, practices like so-called ‘bride kidnapping’ and child marriages are prevalent, leading to the denial of justice for the sexual violence committed following these abuses. In the Middle East and North Africa, so-called ‘marry your rapist’ laws remain in place in the region in Iraq, Kuwait, Syria, Libya, and Algeria. Such laws prioritize societal ‘honor’ over justice, trapping survivors in abusive situations and silencing their voices.
2. Laws Framed in Terms of Morality, Not Bodily Integrity
Many legal systems frame sexual violence laws around concepts of morality or chastity rather than recognizing bodily integrity and autonomy. This approach perpetuates stigma and discrimination, as survivors are often viewed as having ‘lost honor.’ For example, in the Americas, certain laws are based on outdated notions of morality, undermining the pursuit of justice by focusing on the victim’s perceived purity rather than the crime committed against them.
Our new research on rape laws in Africa found that definitions of rape in 25 countries across were incomplete, ambiguous, or non-compliant with regional and international human rights laws standards.
3. Laws Explicitly Permitting Marital Rape
Shockingly, numerous legal systems explicitly or implicitly permit rape within marriage, denying the concept of consent once a marital relationship is established. In South Asia, for instance, marital rape is criminalized in only two of the six countries studied (Bhutan and Nepal), and even then, it carries lower penalties compared to other forms of rape. This legal loophole leaves countless survivors without recourse and perpetuates a culture of impunity.
4. Judicial Discretion Rooted in Stereotypes
In some jurisdictions, judges have wide discretion to reduce charges or dismiss cases based on stereotypes about how survivors should behave during and after an assault. This often includes assessing the survivor’s clothing, behavior, or sexual history, reinforcing harmful myths, and shifting blame from perpetrators to victims. Such practices are evident in various regions, including parts of Eurasia, where discriminatory investigation and prosecution procedures further victimize survivors.
5. Failure to Recognize True Consent in Situations of Dependency or Vulnerability
True consent cannot exist in contexts where power imbalances, dependency, or extreme vulnerability exist, such as in cases involving domestic workers, refugees, or individuals under custodial care. However, many legal systems fail to address this reality, leaving survivors in these situations particularly vulnerable to exploitation and abuse. For example, in the Americas, certain laws do not adequately protect individuals in positions of dependency, leading to increased vulnerability and injustice for survivors.
6. Inhibiting Investigation and Prosecution
Procedural barriers in some countries make it nearly impossible for survivors to seek justice. These include laws requiring survivors to pay fees to file cases, lack of victim protection measures, and systemic biases that discourage reporting. Survivors often face hostility and even retaliation, creating an environment where justice is inaccessible. In South Asia, for instance, survivors frequently face pressure to settle cases outside the legal system, particularly in Bangladesh, India, and Nepal.
7. Burden of Corroboration and Evidence
Many legal systems demand witness corroboration or overly burdensome evidence, ignoring the reality that sexual violence often occurs without witnesses. Such requirements not only undermine survivor testimonies but also discourage them from coming forward, perpetuating cycles of silence and impunity. Most criminal codes in Latin America and the Caribbean still define sexual violence crimes based on the requirement of the use of force rather than the lack of consent” which requires survivors to provide evidence of use of force.
At Equality Now, we’re committed to working with governments, judiciary, and civil society worldwide to reform rape laws and ensure their effective and intersectional implementation.