2nd February 2022
Force-Based Definition of Rape
Ensure that the definition of rape is amended so that it is not based on a requirement to prove force, but rather covers all forms of penetration with a body part or object committed without the victim’s voluntary, genuine, and willing consent, and in a wide range of coercive circumstances.
Estupro
Repeal the estupro provision contained in Article 309 of the Penal Code. Repeal of discriminatory estupro provisions must be accompanied by a complete overhaul of sexual violence laws including adopting a consent-based definition of rape, to ensure that adolescent girls are protected from sexual violence in all circumstances.
Statute of Limitations
Ensure that the prosecution of rape, in cases of both adult and minor victims, is not subject to any period of limitation in any circumstances, whether carried out in times of peace or conflict.
Lack of Effective Implementation of Existing Laws and Barriers to Survivors Accessing Justice and Protection
Effectively implement laws on sexual violence, including by training justice system officials, including police, prosecutors and judges, to specifically deal with cases of sexual violence in a victim-centered and trauma-informed way and implement investigation and prosecution protocols to guide implementation of sexual violence legislation and processing of such cases in the judicial system. Ensure that such protocols also specifically address the needs of marginalized communities.

