16th September 2021

Failure to protect: How discriminatory sexual violence laws and practices are hurting women, girls and adolescents in the Americas

Being able to live a life free from violence, including sexual violence, is a fundamental human right. Despite this, sexual violence is wide-ranging and pervasive throughout the world, including in the Americas. It is rooted in discrimination, sex and gender inequality, and patriarchal norms, and is perpetuated by the law itself, particularly against adolescent girls.

This report, which reviews the gaps and loopholes in the sexual violence laws of 43 jurisdictions in 35 countries in North America, Central America, South America, and the Caribbean, calls on governments to improve protections in the law, as well as improving access to justice and implementation of the law, and challenging negative stereotypes so that sexual violence is reduced, and perpetrators are held accountable.

I think people blame victims because sexual violence is like a mirror to society. It’s better to think that a girl is lying because if not, that means acknowledging that someone in your circle is capable of something like that and can hurt someone else.

Stephanie, Ecuador

Key recommendations

Equality Now’s analysis of laws, policies, and practices related to sexual violence, alongside in-depth discussions with survivors, activists, and lawyers actively engaging with survivors of sexual violence, found that many sexual violence and rape laws across the jurisdictions studied effectively deny justice to survivors of sexual violence due to loopholes and protection gaps in the laws. The report also uncovered severe barriers to accessing justice and implementation gaps within the criminal justice system in many jurisdictions.

We’re calling for comprehensive action from governments to holistically address sexual violence and intersecting discrimination faced by women and girls across the region to live up to their commitments to protect and promote the human rights of women and girls. Specifically, the governments of the Americas must:

  • Improve protections in the law
  • improve access to justice under the law
  • Improve implementation, practice, and accountability
  • Challenge negative stereotypes and improve public understanding of sexual violence

Explore more resources

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Towards justice: Global challenges and opportunities in litigating cases of female genital mutilation

A global analysis of how strategic litigation can advance justice for survivors of female genital mutilation and strengthen accountability worldwide.

Sexual violence and legal accountability in Israel and the occupied West Bank and East Jerusalem

An overview of Israel’s rape laws, implementation gaps, and accountability failures affecting survivors across Israel and the occupied West Bank and East Jerusalem.

Online sexual exploitation and abuse in the United States: An analysis of policy gaps, system response and prevention mechanisms

This report examines how gaps in US laws and systems enable online sexual exploitation and abuse, drawing on lived experiences to identify reforms needed to strengthen prevention, protection, and accountability.

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