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gender-based violence

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523

Arrêt n° P.04.0595.F, Cour de cassation de Belgique

In this case, the Belgian Court of Cassation reviewed an appeal challenging the legal characterization applied by the lower courts and the severity of the sentence. The appellant argued that a finding of rape necessarily excluded any additional conviction for indecent assault, and sought a reduction of his sentence. The Court of Cassation rejected this reasoning, holding that rape may, depending on the circumstances, be accompanied by a separate finding of indecent assault, and that the two offenses are not mutually exclusive.

ARY v International Association of the European Labor Institute

A female employee claimed that she was discriminated against with regard to her salary at the time of her recruitment and subsequently as she became more senior in the company.  She argued that she was granted a lower salary at the beginning of her employment than male employees with equal qualifications and that she was not later granted a higher salary in the same way as male employees who received such higher salary only based on their seniority.The Court of first instance rejected the claims of the female employee.

Assessing the Impact of Mandatory Minimum Sentences on Sexual Offences in Tanzania

With the goal of assessing the impact of mandatory minimum sentences for sexual offences in Tanzania, this memorandum provides a comparative study with a small sample of jurisdictions – including Canada, Kenya, Lesotho, Zambia, South Africa and Tanzania - to showcase how different countries have utilized mandatory minimum sentences to address sexual offences. It also explores whether imposing mandatory minimums has resulted in a reduction of the commission of the sexual offences they target.

Case No. 128/2011

The defendant was found guilty of acts of violence toward his sons, which included physical abuse and constituted a continued offense because the violence involved a number of uniform and continuous acts over a period of ten (10) years. Additionally, he was found guilty of threatening his wife with abuse and death. Prior to these offenses, the defendant had no criminal record. Initially, the High Court found the defendant guilty of acts of violence and abuse against his children and wife and sentenced to one year and three months of imprisonment.

Case Number E.2005/151, K. 2008/37

The Constitutional Court held that a provision in the Turkish Penal Code that increases the penalty by half for the crime of laceration if committed against family members is constitutional. Although such a penalty treats family members differently than non-family members, the Court found that such differential treatment did not violate the equality principle under the Turkish Constitution. Under the equality principle, criminals who have committed the same offence may not be subject to the same penalty if they have different legal statuses.

Chile v. Rodrigo Gacitua Escobar, Criminal Court of Viña del Mar, 2013

The Criminal Court of Viña del Mar sentenced Rodrigo Gacitúa Escobar to life imprisonment for a series of robberies, rapes, and other crimes committed between 2010 and 2012. The prosecutor, Vivian Quiñones, expressed satisfaction at the result, and pointed out the impact of the testimony from the victims. The defense unsuccessfully attempted to discredit the victims’ testimony, including using postings on social media.

 

Claimant v. the Minister of Justice

The claimant was born in Somalia and left the country when her home was destroyed and four men attempted to rape her. The claimant sought residence in the Netherlands as a refugee under Immigration Act 2000. She argued that women in Central and Southern Somalia were systematically exposed to inhuman treatment. The claimant submitted reports that abuse and rape of women, by civilians and armed groups, was frequent, and that displaced women were particularly vulnerable during their flight. Gang rape was widespread, and victims (including young girls and boys) were selected at random.

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