At Equality Now, we know that ending sexual violence everywhere requires:
Around the world, sexual violence laws are failing survivors. From proof of force requirements to discriminatory evidentiary burdens, and restrictive statutes of limitations that place a time limit within which victims can get justice, laws pertaining to sexual violence, especially rape, frequently blame survivors for their own abuse and perpetuate the cycle of harm.
Good laws are a critical first step, but they alone are not enough to prevent sexual violence and deliver justice to survivors. Laws are only effective if they are properly implemented and that requires educating the population on their rights and properly training those who are tasked with carrying out the law.
Marginalized groups are more likely to experience sexual violence, and to face additional obstacles in navigating the criminal justice system. From Indigenous women in North America, who are less likely to have their cases investigated by the police, to women living with disabilities in Georgia, particularly those with psycho-social needs–whose ability to testify in their own cases might be wrongly discounted, it is clear that the legal system doesn’t work equally for everyone.
Laws that stigmatize victims and hinder the possibility for justice and accountability must be replaced by laws that reflect the true nature of sexual violence, exclude negative stereotypes and myths, and are informed by the experiences of survivors.
Many of the countries in the Middle East and North Africa have or have only recently removed laws that pardon rapists from punishment if they marry their victims.
These laws effectively remain in place in Iraq, Kuwait, Syria, Libya, and Algeria. The law in Lebanon, even though the specific ‘marry your rapist’ provision has been repealed, still contains loopholes that allow rapists to escape punishment.
Estupro is a crime seen in the penal codes of many countries in Latin America and the Caribbean, that carries a lesser penalty for the rape of an adolescent girl, usually over the age of 14, by seduction or deception. This discriminatory law mislabels rape and contributes to impunity for rapists as it ignores the exploitation of unequal power dynamics and the vulnerability of teenage girls. In addition, the penalties prescribed under estupro provisions are generally very low, far lower than applicable penalties for rape, and are not commensurate with the severity of the crime.
One of the most ubiquitous barriers to justice for survivors are statutes of limitation clauses which require victims to report crimes committed against them within a set period of time. There are multiple reasons that survivors do not report sexual violence in a “timely” manner, including but not limited to:
Whether physical, economic, psychological, emotional, mental, or societal, every reason that a survivor has for not going to the authorities is a valid one. Just because trauma takes time does not mean that sexual violence survivors should not have access to legal remedies if and when they choose to report. The impact of sexual violence is lifelong, it does not expire after a set period, and neither should access to justice.
Good laws are a critical first step, but they alone are not enough to prevent sexual violence and deliver justice to survivors. Laws are only effective if they are properly implemented and that requires educating the population on their rights and properly training those who are tasked with carrying out the law.
From police officers to judges, it is critical that criminal justice personnel deliver justice by practicing trauma-informed and gender-sensitive methods of working in addition to examining all available evidence to determine if both parties acted with complete willingness to participate in any sexual act, free from coercion. Survivors often hesitate to report crimes because they fear being shamed or disbelieved by authorities. Effective implementation of good laws will help to dismantle this barrier.
The use of the Multi-Sectoral Approach (MSA) is an effective tool for addressing gender-based violence, including sexual violence. The approach builds on the fact that the implementation and monitoring of progress in the respect, promotion, and protection of women’s rights cannot be delegated uniquely to one national authority. The Multi-Sectoral Approach brings together all key state and non-state actors to prioritize addressing violence against women by jointly planning and undertaking key actions to ensure that legal frameworks are put in place and implemented to address the discriminatory social norms that threaten the rights of women and girls.
Equality Now, in partnership with the Solidarity for African Women’s Rights (SOAWR) coalition, has been conducting national and regional trainings since 2012, where over 230 state and non-state actors, across 23 African countries, have been trained on using the MSA to implement state obligations under the Maputo Protocol.
Marginalized groups are more likely to experience sexual violence, and to face additional obstacles in navigating the criminal justice system. From Indigenous women in North America, who are less likely to have their cases investigated by the police, to women living with disabilities in Kyrgyzstan, particularly those with psycho-social needs–whose ability to testify in their own cases might be wrongly discounted, it is clear that the legal system doesn’t work equally for everyone.
An intersectional lens must be integrated into laws, policies, and procedures and followed from the outset to ensure that a victim-centered approach, free from prejudicial stereotypes, is always applied. Every survivor is entitled to justice and support, and systems must be designed to cater to a diverse range of needs and identities.
