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gender-based violence

ID
523

Regina v. Iroi

A victim was forced into a drain and sexually assaulted by assailant. The court relied on the Penal Code and case law for the law establishing that force is not a necessary element of rape, but it can be evidence of lack of consent. Rape is "unlawful sexual intercourse with a woman or girl, without her consent, or with consent if that consent is obtained by force or threats or intimidation of any kind." The defendant was found guilty.

Sentencia 12142, Expediente 08-009174-0007-CO

The Plaintiff sued a local prosecutor's office, alleging he was illegally detained and held, arbitrarily violating his constitutional right to personal liberty. Plaintiff's wife had filed a complaint against him with at the prosecutor's office, alleging spousal abuse, although she did not ask that he be detained. Plaintiff was asked to report to the prosecutor's office, at which time he was detained without being given reason for his detention.

Sexual Violence in Haiti's IDP Camps: Results of a Household Survey

Report by the Center for Human Rights and Global Justice presenting preliminary data from a survey of households, focusing on reported incidents of sexual violence (2011).

 

Informe del Centro de Derechos Humanos y Justicia Global que presenta datos preliminares de una encuesta de hogares, centrada en los incidentes denunciados de violencia sexual (2011).

Slovak Republic, Supreme Court, Decision No. 113/1999, File No. 3 To 61/98

In the summer of 1995, Mr. P.Š. and Mr. K.P. (the defendants) transported juvenile Ms. Š.N. and juvenile Ms. A.G. (the Aggrieved) to Prague under the guise of providing employment.  The defendants intended to sell the Aggrieved to R.R. into prostitution. After examining the Aggrieved primarily on the basis of their moral standing and their relationship with the defendants, the district court acquitted both defendants.

Somiso Mbhamali v. Rex

Appellant was sentenced to 20 years imprisonment for the murder of his elderly aunt and appealed for 10 years of his sentence to be suspended because the appellant believed the victim was a witch and could kill him with the power of witchcraft. The Supreme Court upheld the original sentence and held that a perpetrator’s belief in witchcraft is not a mitigating factor when computing an appropriate sentence for murder.

The Case of Naila Farhat

The acid violence case of Mst. Naila Farhat was brought in November 2008. In 2003, the perpetrator sprayed acid on the (then) 13 year old victim’s face in retaliation for her refusal of a marriage proposal. Ultimately, he was sentenced to 12 years imprisonment and ordered to pay 1.2 million rupees in damages. However on appeal to the High Court, the Judge stated that if he paid the fine he would not be imprisoned. In April 2009, the victim appealed to the Supreme Court and was the first case on an acid attack to reach the Supreme Court.

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