Sexual and Gender-based Violence
Violation Types- Legal elements
- Sexual and Gender-based Violence: Acts of sexual nature
- Sexual and Gender-based Violence: Acts were 1) inherently violent or 2) forcible or committed during the time when the detainee was unable or unwilling to give consent
- Sexual and Gender-based Violence: Acts were committed by a public official or officials against the detainee
- Constituting Acts
- Sexual and Gender-based Violence: Circumstantial evidence to believe acts of sexual violence occurred
- Sexual and Gender-based Violence: Depriving someone of access to hygiene, treatment, or medicine related to menstruation, pregnancy, childbirth, fistula care, rectal hematoma, HIV or other sexually transmitted infections, sexual maiming, disfigurement, gynaecological, urological or urinary treatment, or any other aspect of sexual health or reproductive health
- Sexual and Gender-based Violence: Having someone perform, in view of others, bodily functions that are normally conducted in private, including measures related to menstrual hygiene, urination and defecation
- Sexual and Gender-based Violence: Having the person undress completely or partially
- Sexual and Gender-based Violence: Inspecting someone’s genitals, anus, breasts, or hymen without medical or similar necessity
- Sexual and Gender-based Violence: Penetrative acts with body part or with objects
- Sexual and Gender-based Violence: Punishing someone for refusing to engage in sexual activity
- Sexual and Gender-based Violence: Rewarding the person such as with a favour and/or other improved conditions or treatment in exchange for performing acts of sexual nature
- Sexual and Gender-based Violence: Stripping a person of an individual’s reproductive autonomy through forced abortion
- Sexual and Gender-based Violence: Subjecting a person to unwanted physical contact with a sexual implication
- Sexual and Gender-based Violence: Verbal (sexual) harassment
- Explainer
Rape refers to any act that involve [1] sexual penetration, however slight; (a) of the vagina or anus of the victim by the penis or other body parts of the perpetrator, or any other object used by the perpetrator; or (b) of the mouth of the victim by the penis of the perpetrator; under [2] coercion or force or threat of force against the victim or a third person that involve intimidation; threats of negative treatment, such as threats of being denied a necessary benefit or service or threats of harm to the oneself or others; physical or mental impairment, such as a disability, age limitation, or influence of drugs, alcohol, or medication [3] under state action, meaning, a state entity such as public official is in some way responsible for or involved in the violation and/or when state fails to prevent or adequately respond to the violation. Other forms of sexual violence means any act which refers to all forms of sexual threat, assault, interference and exploitation that include elements of (1) an act of sexual nature, (2) coercion or lack of consent and (3) state action - other forms of sexual violence is more broadly defined than rape, meaning whereas rape is limited to a physical invasion, sexual violence can include any act of sexual nature; any act of a sexual nature committed coercively or against a person's will and involving state action is likely to qualify as a violation of international law.
- Legal instruments