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Sexual violence and rape

Sexual violence and rape encompass non-consensual sexual acts, often (but not always) perpetrated through force, coercion, or abuse of authority. Many laws address the definitions of consent, evidentiary standards, and survivor protections.

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Ali v. Republic

The appellant was charged with rape and alternatively with indecent assault. He was acquitted of rape but convicted of indecent assault and sentenced to 10 years imprisonment with hard labor. The complainant is a local brewer of an illicit beverage called "changaa," which she was arrested for on November 12, 2002. She offered a bribe to the arresting officers, but could not pay the price they demanded (5,000 KSH).

An Act to Amend the New Penal Code Chapter 14 Section 14.17 and 14.71 and to address Gang Rape

The Act to Amend the New Penal Code Chapter 14 Section 14.17 and 14.71 (the “Law”) and to address Gang Rape provides the definition for rape, gang rape and the concept of consent. Under Section 1(a)(i) and (ii), a person (male or female) commits rape if they intentionally penetrate the vagina, anus, mouth or any other opening of another person’s body with their penis or a foreign object or any other part of their body without the victim’s consent. Under Section 1(b), rape is committed where the victim is less than 18 years old, provided the perpetrator is above the age of 18 years.

Ana, Beatriz, and Celia González Pérez v. Mexico

Sexual Violence and Rape, Torture, Indigenous Populations, Failure of State Responsibility. The Mexican military illegally detained, raped, and tortured the Tzeltal native sisters Ana, Beatriz, and Celia González Pérez. The Mexican State argued that the Inter-American Commission on Human Rights (IACHR) did not have competence to review the petition because the sisters did not exhaust their domestic remedies.

Anti-Trafficking in Persons Act

This Act criminalizes slavery in all forms and provides protection and support for victims of trafficking. As defined by the Act, "'exploitation' includes, at the minimum, induced prostitution and other forms of sexual exploitation, forced marriage, forced or bonded services, or practices similar to slavery, servitude or the removal of human organs." The definition of trafficking is comprehensive and defined in Part 2, Section 5(3) of the Act.

Ap.-Kz. Nr. 466/2011

In the prosecution of an international human trafficking ring, B.D., a nightclub owner, was charged with Facilitating Prostitution in violation of Article 201 of the Provisional Criminal Code of Kosovo, for recruiting and organizing 16 Moldovan women for prostitution.  His co-defendants B.J., M.G., and S.Z.

Appeal Resource No. 997-2017/Arequipa, Permanent Criminal Chamber of the Supreme Court of Justice of the Republic, Peru, 2018

The appellant was convicted of femicide for killing a 17-year-old girl when she attempted to defend herself against his efforts to sexually assault her. The appellant argued on appeal that the facts did not support a finding that he was guilty of femicide, petitioned for the re-classification of his crime, and argued that his sentence should have been reduced because he had consumed alcohol before the events that led to the girl’s death.

Application by Court of First Instance Court to Annul a Certain Criminal Provision

The Turkish Criminal Code, Article 103, Number 5237, provides sentencing for child sexual abuse without graduating the sentence in proportion to the child’s age. The Bafra High Criminal Court applied to the Constitutional Court to annul this provision, and the Court annulled the following two provisions: (1) child sexual abuse carries a sentence between eight and fifteen years; (2) child sexual molestation carries a sentence between three and eight years.

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.

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