THE SECOND RAPE OF RAPE VICTIMS THE RELATIONSHIP

THE SECOND RAPE OF RAPE VICTIMS -THE RELATIONSHIP BETWEEN GLOBAL RAPE LAWS, UNREPORTED RAPE CASES AND WOMEN'S RIGHTS Olufunke (Funke) Akiyode Shout Global Health

PRESENTER DISCLOSURE OLUFUNKE (FUNKE) AKIYODE The following personal financial relationships with commercial interests relevant to this presentation existed during the past 12 months: No Relationships to Disclose

WHAT IS RAPE? • Rape according to the legal dictionary is a criminal offense defined as forcible sexual relations with a person against the person's will 1. • This includes diminished capacity rape, age related rape, incest, partner rape, acquaintance rape, aggravated rape, war rape, gang rape, statutory rape, prison rape and marital rape 2.

RAPE 'The boys never meant any harm to the girls. They just wanted to rape. “ Deputy Principal of St. Kizito's boarding school in Kenya after 71 girls were raped and 19 others died 31. “ The child was sexually aggressive” A judge in British Columbia, Canada, when suspending the sentence of a 33 year old man who sexually assaulted a three year old girl 31 "Are you a virgin? If you are not a virgin, why do you complain? This is normal”. Assistant to the public prosecutor in Peru when a nursing student Betty Fernandez reported being sexually molested by police officers while in custody 31

RAPE OVERVIEW • 1 out of 3 women worldwide has experienced rape or sexual assault • More than 250, 000 rape and attempted rape are reported annually in a United Nations reported data of 65 countries 4 • Rape is rarely reported in many countries because of social stigma, and “honor killings” of rape victims 3

RAPE OVERVIEW • 1 in 3 American women will be sexually assaulted in her lifetime 1 • Women are 10 times more likely as men to be victims of rape • A woman in South Africa is 5 times more likely to be raped than if she were in America 5, 6

GLOBAL RAPE INCIDENCE • According to the United Nations, internationally, rape incidence recorded by police varied between 0. 1 per 100, 000 in Egypt to 91. 6 per 100, 000 people in Lesotho in 20087

GLOBAL RAPE INCIDENCE 7 Country Rape Incidence / 100. 000 United States 26. 6 Denmark 11. 9 Canada 1. 5 Guinea 1. 0 Cameroon 2. 4 Swaziland 76. 1 Japan 1. 2 India 8. 0

UNREPORTED RAPE • According to the American Medical Association, rape is the most under reported violent crimes 11, 12. • A 2007 government report in England documents that between 75% and 95% of rape crimes are never reported 13.

UNREPORTED RAPE • How do we know most rape cases are unreported? • Nigeria – Population = 150 Million • In Nigeria, only 10, 079 cases were reported between 2000 and 20058 • It is estimated that only 18% of rape victims report to police 8 • Where as, in a survey of 529 college students, 22% have perpetrated non consensual sex/ rape (ever); out of this 22% - 75. 9% have perpetrated non consensual sex in the last six months 9 • 1 out of every 13 gynecological cases presented in hospitals is as a result of Rape 10 • But only 10, 079 cases were reported in five year period

UNREPORTED RAPE • Egypt – Population - 85, 294, 388 • Reported rape incidence – 0. 1 per 100, 000 • Egypt’s interior ministry quotes, 20, 000 cases per year • Conservative estimate revealed that about 200, 000 rape cases take place in a year 14, . • A recent survey of the United Nations reveals that 93. 3 % of all Egyptian women report being sexually harassed and 91. 5% have experienced unwelcome physical contact 15 • 53% of men in Egypt believe that women invite harassment through what they are wearing • Are we going to believe that it is only 20, 000 rapes in a year?

UNREPORTED RAPE • • India • A survey revealed that 20% of men admitted to raping their wives or partners 16 • Another survey reveals 76% of respondents were abused when they were children, and 40% of the 76% revealed they were abused by family members 17 Population 1. 2 billion Rape incidence 8. 0 per 100, 000 Rape is one of Indian most common crime against women 15

UNREPORTED RAPE • United states • Population – 315, 183, 801 • Rape incidence – 26. 6 • Out of every 100 rapes, only 46% get reported to the police 18 • Someone in the US is assaulted every 45 minutes • 1 out of every 7 women currently in college has been raped 19 • 9 out of 10 women raped on campus never told anyone about the rape 19 • 1 in 10 men is raped in his lifetime 19 • Approximately 28% of rape victims are raped by their husbands, 35% by an acquaintance, and 17% by a relative other than spouse 19

AN OVERVIEW OF INTERNATIONAL RAPE LAWS • Article 27 of the Fourth Geneva Conventions relating to the protection of civilian persons in times of war states that women shall be especially protected against any attack in their honor, in particular against rape, enforced prostitution or any form of indecent assault 20 • Statutes of International Criminal Courts (1998) prohibits rape, sexual slavery, enforced sterilization, and other forms of sexual violence

AN OVERVIEW OF INTERNATIONAL RAPE LAWS • Most international laws prohibit rape • States have been mandated under the international laws to enact, implement and monitor legislations addressing all forms of Violence Against Women 21 • Many countries have adopted these legislations and many states do not even have the legislative provisions in place 21

AN OVERVIEW OF INTERNATIONAL RAPE LAWS • Article 4 of the 1993 UN Declaration on the Elimination of Violence Against Women requires states to condemn violence against women and not invoke customs, tradition or religion to avoid their obligations to eliminate such violence 21 • Also requires states to develop penal, civil, labor, and administrative sanctions in domestic legislation to punish and redress the wrongs caused

AN OVERVIEW OF INTERNATIONAL RAPE LAWS • 1995 Beijing Platform for Action calls on governments to enact and reinforce penal, civil, labor and administrative sanctions to punish and redress wrongs against victims • The Inter American Convention on the Prevention, Punishment and Eradication of Violence against Women also reiterated this. • The Protocol to the African Charter on Human and Peoples' Rights upholds the above • The Council of Europe Convention on Action against Trafficking in Human Beings have all mandated member states to protect women against rape and also provide ways to punish perpetrators 21

RAPE LAWS AND INCIDENCE Nigeria • • • The age of consent is 13 The punishment for rape is Iife imprisonment Both penal and criminal code do not criminalize marital rape The high incidence of rape might have been due to the non enforceability of these laws 21 Up till today, the number of people convicted of rape can be counted Amnesty International reported that many rape cases were perpetrated by police, security officials and Military 22 This will cause many rape cases not to be reported because victims no longer trust the police Rape victims are asked questions about their presence at the place where the incidence took place, their manner of dressing and if she has witnesses The sharia penal code states that a woman who has been raped must produce four witnesses and failure to do so will result in 22

RAPE LAWS AND INCIDENCE India • Age of consent is 1623 • Indian penal code does not criminalize marital and custodian rape. • Low conviction rates 23 • Corrupt officials • Blaming the victims • Long delay of conviction and trial time 23 • Rape by police

RAPE LAWS AND INCIDENCE Egypt • Age of consent is 1624 • Rape is punishable by death or life in prison 25 • Most women are too ashamed to go to the police after being raped • Law enforcement agents are also perpetrators of rape 25 • Egypt abolished a controversial law that allows men who commit rape to escape punishment by marrying their victims 26.

RAPE LAWS AND INCIDENCE Canada • Anyone found guilty is liable to prison term between 18 months and not exceeding 10 years 27 • Aggravated assault is between four years to life 28 • A study reveals that half of Canadian women have been sexually assaulted at least once in their lifetime 28 • A reporting rate of 2. 7%28 • A survey among rape victims at the University of Ottawa revealed that people did not report because they felt that it was a personal matter, it was not serious enough and lack of trust in the police, lack of understanding to what constitute an offence 29

GLOBAL HEALTH BURDEN OF RAPE • Rape has been found to be a women's health issue with long term physical, psychological and social health problems. It is a risk factor for a range of diseases like sexually transmitted diseases, HIV/AIDS, posttraumatic stress disorder, panic attack and so on • One third of rape victims suffer from post traumatic stress disorder 30 • The risk of depression and anxiety increases three- to four-fold after exposure to Gender Based Violence 30

GLOBAL HEALTH BURDEN OF RAPE • Following the wars in Croatia, Bosnia and Herzegovina, 76. 5 percent of rape victims experienced depression and 30. 9 percent suffered from PTSD 30 • A study of rape victims in Bangladesh reveals that 85% of rape victims suffer severe injuries, unconsciousness, mental illness or death following rape 31 • 50 to 60 % experience sexual problems ranging from fear of sex, problems with arousal, and decreased sexual functioning 31 • Female victims of rape are 9 times more likely than non victims to attempt suicide 31 • Possibilities of unwanted pregnancy 30

RAPE LAWS AND REPRODUCTIVE HEALTH AND WOMEN’S RIGHTS VIOLATION • Reproductive health has been defined according to the International Conference on Population and Development as a ‘state of complete physical, mental and social well being and not merely absence of disease or infirmity in all matters relating to the reproductive system and to its function and processes’ • It is obvious that many countries have failed to protect women's reproductive health and rights

RAPE LAWS AND REPRODUCTIVE HEALTH AND WOMEN’S RIGHTS VIOLATION • This can be seen in failure to protect women and children from sexual assault during war despite it being stated in international laws • Failure to prosecute perpetrators of rape during war times • Failure to provide a system that would punish rape perpetrators • Discrimination against rape victims to an extent that victims do not feel the need to report rape but would rather suffer the ordeal • Failure to enforce rape laws

RAPE LAWS AND REPRODUCTIVE HEALTH AND WOMEN’S RIGHTS VIOLATION • Countries have failed their citizens and have violated their reproductive health rights • Inability of government to curtail cultural practices like “honor killings” which not only lead to high rate of unreported cases but also to murdering of victims • Lack of trust of security officials to an extent that some security officials are perpetrators and they are not punished • Rape is a violation of women's bodily integrity and therefore a violation of fundamental human rights 33

CONCLUSION AND RECOMMENDATION • Rape crime cuts across countries. Women are raped everywhere regardless of their social economic status. • Women’s rights are violated in this regard everywhere in the world • Therefore, to improve the situation - critical approaches to solve the problem of rape has to be developed nationally and internationally. • Lawmakers in many countries should be trained on the issues of rape around the world • Efforts should be made to enforce rape laws both nationally and internationally • Efforts should be made to eradicate cultural practices that increase stigma and discourage victims from reporting incidents.

BIBLIOGRAPHY 1. Unknown Author; National Sexual Violence Resource Center; internet accessed at <http: //www. nsvrc. org/publications/fact-sheets/worldwide-sexual-assault-statistics> August 2013 2. Tracy, Natasha; Marital rape, Spousal rape; internet accessed at <http: //www. healthyplace. com/abuse/rape/maritalrape-spousal-rape/> August 2013 3. Harter, Pascale; Libya Rape Victims Face Honor Killings”; internet accessed at http: //www. bbc. co. uk/news/worldafrica-13760895 4. UNODC; The Eighth United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems; internet accessed at http: //www. unodc. org/unodc/en/data-and-analysis/Eighth-United-Nations-Survey-on-Crime. Trends-and-the-Operations-of-Criminal-Justice-Systems. html 5. Unknown Author; Rape; internet accessed at http: //www 2. webster. edu/~woolflm/rape. html 6. Logan, Jane. (May, 2000). What is Happening to the Women in This Country is Genocide. Jane Magazine 7. UNODC; Rape at the national level, number of police-recorded offences; internet accessed at <Rape at the National Level, number of police recorded offenses". United Nations> 8. Peters, T. O and Olowa, O. W; Causes and Incidence of Rape among Middle Age and Young Adult in Lagos State, Nigeria; internet accessed at http: //www. medwelljournals. com/fulltext/? doi=rjbsci. 2010. 677 9. Oladipupo S. Olaleye and Ademola J. Ajuwon*; African Journal of Reproductive Health December 2012; 16(4): 108 10. Okoro – Eweka, Richard; The magnitude and Burden of rape in Nigeria; internet accessed at http: //nigerianobservernews. com/11092013/features 9. html#. Ulns 5 RC 6 hy. Y 11. American Medical Association (1995) Sexual Assault in America. AMA 12. Kelly, L. , Lovett, J. , Regan, L. (February 2005). "A gap or a chasm? Attrition in reported rape cases" (PDF). Home Office, Home Office Research Study 293. Retrieved 2010 -12 -31. 13. "Without consent: A report on the joint review of the investigation and prosecution of rape offences". Crown Prosecution Service Inspectorate. January 2007. p. 8. Retrieved 6 April 2007. 14. Miller, Anna – Lekas; Exploiting Egypt Rape culture for Political Gain; internet accessed at http: //www. thenation. com/article/175669/exploiting-egypts-rape-culture-political-gain 15. Kumar, Radha (1993). The History of Doing: An Account of Women's Rights and Feminism in India. Zubaan. p. 128. ISBN 978 -8185107769

BIBLIOGRAPHY 16. Unknown Author; Indian men most sexually violent, says survey of six developing nations; internet accessed at http: //infochangeindia. org/women/news/indian-men-most-sexually-violent-says-survey-of-six-developingnations. html 17. Lak, Daniel; India’s hidden Incest. Internet accessed at < http: //news. bbc. co. uk/2/hi/south_asia/259959. stm> August 2013 18. Justice Department, National Crime Victimization Survey: 2006 -2010 19 Crisis Connection; Rape Statistics; internet accessed at http: //www. crisisconnectioninc. org/sexualassault/rapestatistics. htm August 2013 20. ICRC; Protection of Civilian Persons and Population in time of War; internet accessed at http: //www. icrc. org/eng/resources/documents/misc/57 jmjv. htm august 2013 21. United Nations; Handbook on legislation on Violence Against Women; United nations, New York, 2010 22. Amnesty International; Rape, the Silent Weapon; internet accessed at http: //amnesty. org/en/library/asset/AFR 44/020/2006/en/d 9 dcf 48 c-d 3 e 9 -11 dd-8743 -d 305 bea 2 b 2 c 7/afr 440202006 en. html 16. 23. . Legal Service Network; Rape laws in India; internet accessed at http: //www. legalindia. in/rape-laws-in-india 17. 24. Interpol; Rape in Egypt; internet accessed at <http: //www. interpol. int/Public/Children/Sexual. Abuse/National. Laws/> 18. 25. Nadine Marroushi & Salma El Wardany; Raped Egypt Women Wish Death Over Life as Crimes Ignored; internet accessed at http: //www. bloomberg. com/news/2013 -03 -07/raped-egypt-women-wish-death-over-life-as-crimesignored. html 19. 27. . CBC News; Egypt Changes Rape Law; internet accessed at <http: //www. cbc. ca/news/world/egypt-changes-rapelaw-1. 178330> 20. 28 Zvulony & Co; The Law of Sexual Assault in Canada; internet accessed at http: //zvulony. ca/2010/articles/criminallaw/sex-assault/ 21. 30. . . Unknown Author; Sexual Assault Criminal Process in Canada; internet accessed at <http: //www. sexassault. ca/criminalprocess. htm> August 2013 22. 31. . , Buchan -Terrel, Allison; Sexual Assault, a Common and Unreported Crime; internet accessed at <http: //www. gazette. uwo. ca/article. cfm? section=Campus&article. ID=252&month=11&day=2&year=2006> August 2013