19th January 2026

International standards applicable in cases of sexual violence

This document compiles key international and Inter-American standards that must guide State responses to sexual violence, including obligations to prevent, investigate, prosecute and repair these crimes under a consent-based framework. It outlines duties to eliminate discriminatory offences such as estupro, adopt survivor-centred procedures, ensure child-sensitive justice, and apply intersectional protections for Indigenous, Afro-descendant, migrant women and persons with disabilities. These standards are central to Equality Now’s work to reform rape laws across the Latin America and Caribbean region and to promote consent-based definitions. Originally published as an annex to Equality Now’s report “Access to Justice Without Discrimination in Colombia,” this document is now presented as a standalone resource for legal and policy use.

What’s inside the document?

  • State obligations to prevent sexual violence and dismantle structural causes
  • Gender-based and intersectional justice standards
  • Consent-based legal definitions of rape and survivor protections
  • Investigation standards
  • Procedures to avoid revictimisation and bias in hearings.

Who’s it for?

  • Legislators
  • Judges and public prosecutors
  • Litigating lawyers and legal practitioners
  • Government officials
  • Civil society organisations working on sexual violence

Key takeaways and recommendations

Equality Now calls on States, justice actors, legislators and civil society across Latin America and the Caribbean to use and apply these international standards to strengthen legal frameworks, ensure survivor-centred responses and end impunity for sexual violence.

  • Sexual violence must be legally defined based on the absence of consent
  • Discriminatory offences such as estupro must be eliminated
  • Survivors must receive continuous protection, free legal assistance and specialised support throughout proceedings.
  • Children and adolescents require child-sensitive justice processes that prioritise their best interests and safety.
  • Intersectional standards must guide responses for Indigenous, Afro-descendant, migrant women and persons with disabilities.
  • Investigations must be timely, impartial and victim-centred.
  • Forensic and medical examinations must be conducted with informed consent and safeguards against revictimisation.
  • Testimony procedures must avoid repeated questioning and ensure safe, specialised interviewing environments.
  • Hearings must be free from gender and racial stereotypes that undermine victims’ credibility.
  • Due process guarantees must include reasonable timeframes and prohibit mediation in sexual violence cases.
  • Survivors are entitled to full reparations for both material and non-material harm.

Explore more resources

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Justice without discrimination in Colombia for women and girls of Afro or indigenous descent or with disabilities

An in-depth report exposing how structural discrimination limits access to justice for survivors of sexual violence in Colombia, with a focus on Afro-descendant, Indigenous, and disabled girls and women.

Legislating on sexual violence with a consent-based approach in Latin America and the Caribbean

This guide highlights the need to align legal definitions of sexual violence with international standards by centering on the lack of voluntary and free consent.

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

Equality Now’s analysis reveals that loopholes, protection gaps, and systemic barriers in sexual violence laws and justice systems across multiple jurisdictions effectively deny survivors access to justice.

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