Sexual violence is any harmful or unwanted sexual act, an attempt to obtain a sexual act through violence or coercion, or an act directed against a person's sexuality without their consent, by any individual regardless of their relationship to the victim.World Health Organization., World report on violence and health (Geneva: World Health Organization, 2002), Chapter 6, pp. 149.Elements This includes forced engagement in sexual acts, attempted or completed, and may be physical, psychological, or verbal. It occurs in times of peace and armed conflict situations, is widespread, and is considered to be one of the most traumatic, pervasive, and most common human rights violations.
Sexual violence is a serious public health problem and has profound short- and long-term physical and mental health impacts such as increased risks of sexual and reproductive health problems,Holmes MM et al. Rape-related pregnancy: estimates and descriptive characteristics from a national sample of women. American Journal of Obstetrics and Gynecology, 1996, 175:320–324. suicide, and HIV infection. Murder occurring either during a sexual assault or as a result of an honor killing in response to a sexual assault is also a factor of sexual violence. Though women and girls suffer disproportionately from these aspects, sexual violence can occur to anybody at any age; it is an act of violence that can be perpetrated by parents, caregivers, acquaintances and strangers, as well as intimate partners. It is rarely a crime of passion, and is rather an aggressive act that frequently aims to express power and dominance over the victim.
Sexual violence remains highly Social stigma in all settings, oftentimes dismissed as a women's issue, thus levels of disclosure of the assault vary between regions. In general, it is a widely Under-reporting phenomenon, thus available data tend to underestimate the true scale of the problem. In addition, sexual violence is also a neglected area of research, thus deeper understanding of the issue is imperative in order to promote a coordinated movement against it. Domestic sexual violence is distinguished from conflict-related sexual violence.Human Often, people who coerce their spouses into sexual acts believe their actions are legitimate because they are married. In times of conflict, sexual violence tends to be an inevitable repercussion of warfare trapped in an ongoing cycle of impunity. Rape of women and of men is often used as a method of warfare (war rape), as a form of attack on the enemy, typifying the conquest and degradation of its women or men or captured male or female fighters.Swiss S et al. Violence against women during the Liberian civil conflict. Journal of the American Medical Association, 1998, 279:625–629. Even if strongly prohibited by international human rights law, customary law and international humanitarian law, enforcement mechanisms are still fragile or even non-existent in many corners of the world.
From a historical perspective, sexual violence was considered as only being perpetrated by men against women and as being commonplace and "normal" during both war and peace times from the Ancient Greeks to the 20th century. This led to the negligence of any indications of what the methods, aims and magnitude of such violence was. It took until the end of the 20th century for sexual violence to no longer be considered a minor issue and to gradually become criminalized. Sexual violence is still used in modern warfare as recently as in the Rwandan genocide and in the Gaza war, targeting both Israelis and Palestinians.
Other acts incorporated in sexual violence are various forms of , such as forced contact between mouth and penis, vulva or anus. Sexual violence can include coerced contact between the mouth and penis, vulva or anus, or acts that do not involve physical contact between the victim and the perpetrator—for example, sexual harassment, threats, and peeping.
Coercion, with regard to sexual violence, can cover a whole spectrum of degrees of force. Apart from physical force, it may involve psychological intimidation, blackmail or other threats – for instance, the threat of physical harm, of being dismissed from a job or of not obtaining a job that is sought. It may also occur when the person being attacked is unable to give consent – for instance, while drunk, drugged, asleep or mentally incapable of understanding the situation.
Such broader definitions of sexual violence are found within international law. The Rome Statute of the International Criminal Court (ICC) has established in article 7(1)(g) that "rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity" constitutes a crime against humanity.Rome Sexual violence is further explained in the ICC's Elements of Crimes, which the Court uses in its interpretation and application of Article 7. The Elements of Crime establishes that sexual violence is:The United Nations Special Rapporteur on systemic rape sexual slavery and slavery-like practices during armed conflict, in a report in 1998, stipulated that sexual violence is "any violence, physical or psychological, carried out through sexual means by targeting sexuality". This definition encompasses physical as well as psychological attacks aimed at "a person's sexual characteristics, such as forcing a person to strip naked in public, mutilating a person's genitals, or slicing off a woman's breasts". The Special Rapporteur's definition also refers to situations "in which two victims are forced to perform sexual acts on one another or to harm one another in a sexual manner".
The WHO lists a number of examples of circumstances that sexual violence can be committed:
A thorough definition is necessary in monitoring the prevalence of sexual violence and studying trends over time. In addition, a consistent definition helps in determining the magnitude of sexual violence and aids in comparing the problem across demographics. Consistency allows researchers to measure risk and protective factors for victimization in a uniform manner. This ultimately informs prevention and intervention efforts.
Most research, reports and studies focus on sexual violence perpetrated against women and in armed conflicts. The majority of victims are women, but men and children are also victims of sexual violence. The crime may be committed in peacetime or during conflict.Sivakumaran,
It is possible for individuals to be targeted based on sexual orientation or gender-exhibiting behaviour. Such attacks, which are often called "" have been performed to conform an individual to a heterosexual orientation or to more accepted notions of behaviour for the perceived gender of the victim; asexual individuals are also particularly targeted.
A 2006 WHO study on physical and sexual domestic violence against women conducted across ten countries found that the prevalence of domestic sexual violence ranged, on average, between 10% and 40%. Domestic sexual violence is also considerably less common than other forms of domestic violence. The variations in the findings across and within countries suggest that this type of abuse is not inevitable and can be prevented.
Sexual violence is one of the most common and widespread violations that men subject women to during wartime. It also figures among the most traumatic experiences, both emotionally and psychologically, women suffer during conflict. Sexual violence, in particular rape, is often considered as a method of warfare: it is used not only to "torture, injure, extract information, degrade, displace, intimidate, punish or simply destroy", but also as a strategy to destabilize communities and demoralize other men.ICRCThomas, The use of sexual violence as a weapon of war was widespread conflicts such as Rwanda, Sudan, Sierra Leone, and Kosovo. The perpetrators of female-directed violence in times of conflict are often armed groups and local men.Egeland,
Sexual violence can also be caused by the consequences of purity cultures, in which sexual activity is associated with impurity and sin.
Male-directed sexual violence is more significant than is often thought. The scope of such crimes continues, however, to be unknown largely because of poor or a lack of documentation. The under- or non-reporting of sexual violence against males may often be due to fear, confusion, guilt, shame and stigma, or a combination thereof.Russell,Sivakuraman, Moreover, men may be reluctant to talk about being victim of crimes of sexual violence. In this regard, the way in which societies construct the notion of masculinity plays a role. Masculinity and victimization may be considered incompatible, in particular in societies where masculinity is equated with the ability to exert power, leading to non-reporting.
In the case that sexual violence against males is recognized and reported, it is often categorized as "abuse" or "torture". This is considered a tendency to hide sexual assaults directed at men as something else, and it is believed to contribute to the poor- or lack of reporting of such crimes, and can arise from the belief that sexual violence is a women's issue and that men cannot be victims of sexual assaults.
Sexual violence is a serious infringement upon a child's rights, and one which can result in significant physical and psychological trauma to the victim. A 2002 WHO study approximated that 223 million children have been victims of sexual violence involving physical contact.Global Estimates of Health Consequences due to Violence against Children at note 8, based on estimates by G. Andrews et al., Child sexual abuse, chapter 23 in M. Ezzati et al., (2004) Comparative Quantification of Health Risks: Global and regional burden of disease attributable to selected major risk factors (Geneva, World Health Organization, 2004), volume. 2, pp. 1851-1940, and using data of the Population Division of the United Nations Department of Economic and Social Affairs for population under 18 years. Yet, due to the sensitivity of the issue and the tendency of the crime to stay hidden, the true figure is likely to be much higher.
Girls are more frequent targets for sexual abuse than boys. The WHO study found that 150 million girls were abused compared to 73 million boys. Other sources also conclude that girls face a greater risk of sexual violence, including prostitution.Pinheiro, P. (2006). Rights of the Child: Report of the Independent Expert for the United Nations Study on Violence Against Children. Office of the United Nations High Commissioner for Human Rights. Pp. 11, 13-14, 17.
Research suggests that the various factors have an additive effect, so that the more factors present, the greater the likelihood of sexual violence. In addition, a particular factor may vary in importance according to the life stage.
Some 70% of people who experienced sexual violence were paralyzed before and during the assault. The prevailing view amongst scientists is that this form of tonic immobility occurs in humans when no other options to avoid the sexual violence are available anymore, and the brain paralyses the body in order to allow it to survive with minimal damage.
The following are relationship risk factors:
The following are community factors:
There is also post-catastrophe sexual opportunism. Sexual opportunism during and after catastrophic events is largely unreported. Massive spikes in human trafficking of girls and other humanitarian abuses has been reported in events such as after the devastating April 2015 Nepal earthquake.
Data on sexually violent men are somewhat limited and heavily biased towards apprehended rapists, except in the United States, where research has also been conducted on male college students. Despite the limited amount of information on sexually violent men, it appears that sexual violence is found in almost all countries (though with differences in prevalence), in all socioeconomic classes and in all age groups from childhood on. Data on sexually violent men also show that most direct their acts at women whom they already know.Heise L, Moore K, Toubia N. Sexual coercion and women's reproductive health: a focus on research. New York, NY, Population Council, 1995.Violence against women: a priority health issue. Geneva, World Health Organization, 1997 (document WHO/FRH/WHD/97.8). Among the factors increasing the risk of a man committing rape are those related to attitudes and beliefs, as well as behavior arising from situations and social conditions that provide opportunities and support for abuse.
In child sexual abuse (CSA) cases, the child may develop mental health disorders that can extend into adult life especially if sexual abuse involved actual intercourse.Jonas S., Bebbington P., McMans S., Meltzer H., Jenkins R., Kuipers E., Cooper C., King M., Brugha T. (2010) Sexual Abuse and Psychiatric Disorder in England: Results from the 2007 Adult Psychiatric Morbidity Survey. Psychol Med. 10: 1-11Cheasty M., Clare A.W., Collins C. (1998) Relation Between Sexual Abuse in Childhood and Adult Depression: Case-Control Study. BMJ.Briggs L. & Joyce P.R. (1997) What Determines Post-Traumatic Stress Disorder Symptomatology for Survivors of Childhood Sexual Abuse? Child Abuse & Neglect. 21(6):575-582 Studies on abused boys have shown that around one in five continue in later life to molest children themselves.Watkins B, Bentovim A. The sexual abuse of male children and adolescents: a review of current research. Journal of Child Psychology and Psychiatry, 1992, 33:197–248 CSA may lead to negative behavioral patterns in later life, learning difficulties as well as regression of or slower development.Maniglio R. (2009) The Impact of Child Sexual Abuse on Health: A Systematic Review of Reviews. Clinical Psychology Review. 29: 647-657
The table below gives some examples of possible physical and psychological consequences of sexual violence: For detailed information on consequences of sexual violence see:
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Sexual violence survivors who have lasting psychological symptoms as a result of their trauma may seek psychological counseling and therapy.
Informal treatment, or support, includes social support, which can provide avenues for social justice engagement. Themes of self-reflection, social support, and activism aimed at supporting other survivors and preventing sexual violence are associated with improved functioning and facilitating positive change post trauma. Involvement in anti-sexual violence activism can aid survivors in making sense of the social conditions that contributed to their violation, recover self-confidence, and facilitate peer support, however survivors have also identified burn out to be prevalent in activist work.
Child sexual abuse prevention programmes were developed in the United States of America during the 1970s and originally delivered to children. Programmes delivered to parents were developed in the 1980s and took the form of one-off meetings, two to three hours long. In the last 15 years, web-based programmes have been developed.
Reasons for non-reporting include shame and embarrassment, fear of not being believed, fear of the perpetrator of the crime, fear of the legal process, or disbelief that the police would be able to do anything to help them.Australian Bureau of Statistics (ABS) (1996) Women's Safety Australia 1996, Australian Bureau of Statistics, Canberra Men are even more reluctant to report sexual violence due to extreme embarrassment and concerns about opinions of other people, their masculinity and the fact that they were unable to prevent the assault. Thus information about the extent of sexual violence against males is especially limited. Child sexual abuse is also largely underreported. Most of the data comes from asking adults about their past experiences.Andrews G, Corry J, Slade T, Issakidis C, and Swanston H. (2004) Comparative risk assessment: child sexual abuse. Final report. Geneva, World Health Organization
One of the reasons for non-reporting is that children lack independent access to resources. They normally require the cooperation of one of their parents who may refuse to believe their child, or may, in fact, be the perpetrator.Cook B, David F, Grant A. (2001) Sexual Violence in Australia. Australian Institute of Criminology Research and Public Policy Series No. 36
Data on sexual violence typically come from police, clinical settings, nongovernmental organizations and survey research. The relationship between these sources and the global magnitude of the problem of sexual violence may be viewed as corresponding to an iceberg floating in water (see diagram).Jewkes R, Abrahams N. The epidemiology of rape and sexual coercion in South Africa: an overview. Social Science and Medicine (in press). The small visible tip represents cases reported to police. A larger section may be elucidated through survey research and the work of nongovernmental organizations.
There is a theory that explains sexual violence as socioculturally constructed which disproves the biological framework that suggests sexual violence is a result of a man's sexual urges. This theory looks to prove that sexual violence is a natural behavior that originates from the "biological propensity to reproduce have a net positive effect on the person's (resorting to sexual violence) reproductive success. The sociocultural theory takes into account gender power equations, moral values, male dominance, and attitudes toward violence."
Conveying a connection between gender-based sexual violence and concepts of power-seeking and subordination was pioneered in the 1970s and has proven to be very influential. Within this context, rape has been assessed as a foremost tool of intimidation used by men against women. Similarly, domestic violence can be viewed as a particularly severe form of patriarchal domination and oppression.Dobash, R. E., & Dobash, R. (1979). Violence against wives: A case against the patriarchy (pp. 179-206). New York: Free Press.
Some feminist views on pornography also suggest a link between rape and pornography, by which pornography that degrades, humiliates and exercises violence upon the female body feeds a culture which validates this kind of behavior. There are also feminists positing that certain feminist forms of pornography could actually stimulate emancipation.
An intersection of Marxist and feminist theories has been utilized to offer additional insight into the topic of sexual violence. According to this argument, labor and sex are analogous in the roles they play in their respective overarching exploitative systems: both are produced by the exploited person and both are forcefully taken away from them.MacKinnon, C. A. (1982). Feminism, Marxism, method, and the state: An agenda for theory. Signs, 7(3), 515-544.
Some feminist scholars have illuminated the idea that all women cannot have uniformly similar experiences of sexual violence or its aftermath. For instance, race and ethnicity are significant determinants of these experiences, which serves to show that approaches that are exclusively feminist or exclusively anti-racist in nature are misguided. Instead, a proposition has been made for use of intersectionality when studying these cases.Crenshaw, K. (1991). Mapping the margins: Intersectionality, identity politics, and violence against women of color. Stanford law review, 1241-1299.
Feminist ideas have served as catalysts for transnational movements to combat violence against women, including sexual violence. This agenda has also been adopted by feminist organizations, as illustrated by the current initiative titled the Rape Task Force of the National Organization for Women (NOW).
Among other countries, feminists and women's rights activists in Egypt faced extreme challenges in combatting the grave issues of sexual violence. In 2020, the country witnessed an escalated #MeToo movement. However, it took a few months for the spark to fade. In 2021, the authorities in Egypt arrested six witnesses of a gang rape case that took place in 2014 at the country's Cairo hotel. It highlighted the difficulties that the rights defenders were facing.
Scholars usually interpret Article 46 of the Annex to the Convention (IV) respecting the Laws and Customs of War on Land of the Second Hague Convention (18 October 1907), which stipulated that "Family honour and rights ... must be respected", to be an implicit prohibition of sexual assault or rape. However, because sexual assault was once again conceptualised as a crime of honour against the family instead of a violent crime against the individual person, Clack (2018) regarded this provision as "a step backwards from the Lieber Code".
After World War I, a War Crimes Commission was established in order to bring war criminals before justice. Forced prostitution and rape was seen as grave violation of the customs and laws of war. After World War II (1939–1945), under the International Military Tribunal at Nuremberg (IMT) and the International Military Tribunal for the Far East at Tokyo (IMTFE), the spectrum of sexual violence as war crime was widened even though rape was not explicitly mentioned in the final verdicts. The transcripts of the trials did contain evidence of rape, sexual slavery, sexual sadism, sexual torture, sexual mutilation, forced sterilization, forced abortion, forced nudity, forced pornography and forced prostitution. But only after the Tokyo Tribunal, when Japanese commanders were prosecuted – for the first time based on the chain of command – for not having prevented rape and sexual slavery of comfort women during the Second World War, was sexual violence gradually considered as a grave war crime in itself. This view was expressed for the first time after Nuremberg and Tokyo in the second series of trials for the prosecution of "lesser" war criminals in Allied-occupied Germany, where the Allied (Article II §1.c), enacted on 20 December 1945, explicitly listed rape as constituting a "crime against humanity".
The resulting, ever growing body of international humanitarian law (IHL) strongly prohibits sexual violence in all armed conflicts, and international human rights law (IHRL) and international customary law strongly prohibit it at all times. IHL ensures women are protected through a two-tiered approach, being covered by general (equal protection as men) and specific protections. IHL mandates special protections to women, according to their additional needs when they are more vulnerable, such as widows, the sick and wounded, migrants, the internally displaced, or those held in detention. Meanwhile, second-wave feminists launched the anti-rape movement in the 1960s and 1970s, leading to national legal prohibitions on marital rape by most countries around the world by the 2010s, while marry-your-rapist laws were increasingly abolished in the same decades.
Groundbreaking case law both by the ad hoc Tribunals of International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for former Yugoslavia (ICTY) established acts of war rape and sexual violence as crimes of genocide and crimes against humanity.
The UN Security Council, ECOSOC and the UN Commission on Human Rights do not take into account the nature of the conflict with respect to the protection of women in war time. Three reports from the UN Secretary-General and five UN Security Council resolutions specifically address sexual violence. United Nations Security Council Resolution 1888 (2009), in particular, created the Office of the Special Representative of the Secretary General for Sexual Violence in Conflict (SRSG-SVC). The Office highlighted six priorities and identified eight priority countries: Bosnia and Herzegovina, Central African Republic (CAR), Colombia, Côte d'Ivoire, Democratic Republic of Congo (DRC), Liberia, South Sudan, and Sudan. SRSG-SVC is also engaged in the Middle East (Syria) and in Asia and the Pacific (Cambodia). Despite strong prohibitions of international law, enforcement mechanisms against sexual violence are fragile or do not exist in many parts of the world.
The conflict in Syria has witnessed a disturbing pattern of sexual violence, including rape, forced marriage, and human trafficking. The Yazidi women in Iraq faced horrific atrocities at the hands of
During Hamas' surprise attack on Israel, acts of sexual violence against Israelis have been reported, including rape, mutilation and torture. Similar atrocities have been reported against Palestinians, including rape, sexualized torture and mutilation.
Children
Causes and factors
Explanations
Risk factors
Perpetrators
Consequences
Jewkes R, Sen P, Garcia-Moreno C. Sexual violence. In: Krug E, Dahlberg LL, Mercy JA, et al., editors. World Report on Violence and Health. Geneva (Switzerland): World Health Organization; 2002, pp. 213–239 Felitti VJ, Anda RF, Nordenberg D, Williamson DF, Spitz AM, Edwards V, et al. Relationship of childhood abuse and household dysfunction to many of the leading causes of death in adults: the Adverse Childhood Experiences study. American Journal of Preventive Medicine 1998;14:245–258. Yuan NP, Koss MP, Stone M. The psychological consequences of sexual trauma. National On-line Resource Center on Violence Against Women. 2006. Available from:
In some cases victims of sexual violence may be stigmatized and ostracized by their families and others.Mollica RF, Son L. Cultural dimensions in the evaluation and treatment of sexual trauma: an overview. Psychiatric Clinics of North America, 1989, 12:363–379. Societal perceptions that the victim provoked sexual violence lead to a lack of disclosure of sexual assault which is associated with even more severe psychological consequences, particularly in children.Ruggiero K.J., Smith D.W., Hanson R.F., Resnick H.S., Saunders B.E., Kilpatrick D.G., Best C.L. (2004) Is Disclosure of Childhood Rape Associated with Mental Health Outcome? Results from the National Women's Study. Child Maltreat. 9(1):62-77 Thus, more interventions are needed in order to order to change societal attitudes towards sexual violence as well as efforts designed to educate those to whom the survivors may disclose the assault.McNally R.J., Bryant R.A., & Ehlers A. (2003) Does Early Psychological Intervention Promote Recovery from Posttraumatic Stress? American Psychological Society. 4(2): 45-79Campbell R., Dworkin E., & Cabral G. (2009) An Ecological Model of the Impact of Sexual Assault on Women's Mental Health. Trauma Violence Abuse 10: 225-246
Examples of fatal outcomes related to sexual violence
Examples of non-fatal outcomes related to sexual violence
Physical consequences
Psychological consequences
Treatment
Prevention
The interventions that have been developed can be categorized as follows.
There is also a public health approach to prevention. Because sexual violence is widespread and directly or indirectly affects a community as whole, a community-oriented approach encourages not just victims and advocates to spread awareness and prevent sexual violence, but allocates responsibility to wider community to do so as well. The CDC's report on Sexual Violence Prevention: Beginning the Dialogue suggests following its four step model.
Psychological care and support Medico-legal services Prevention campaigns Legal reform Programmes for perpetrators Training for health care professionals Community activism by men International treaties Developmental approaches Prophylaxis for HIV infection School-based programmes Enforcement mechanisms Centres providing comprehensive care to victims of sexual assault
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Culture
Feminism
History
Antiquity
Middle Ages and early modern period
Codification of laws of war on gender-related crimes (c. 1800–1945)
International legal framework (after 1945)
Today
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See also
Bibliography
Further reading
External links
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