Countries: Bolivia
Variables: LRW-LAW-1

"Nevertheless, the Committee notes with concern… That the definition of rape and statutory rape in the Criminal Code is incompatible with human rights standards and that girls can file a complaint of sexual violence only with parental authorization or the assistance of a service organization or ombudsperson" (7). "[T]he Committee recommends that the State party... Amend article 308 of the Criminal Code to base the definition of rape on lack of consent rather than the use or threat of use of force, and repeal article 309 of the Criminal Code on statutory rape, which implies, in practice, impunity for cases of rape and sexual abuse of girls" (7). This implies...more

Countries: Bhutan
Variables: LRW-LAW-1

"Further, the punishment for statutory rape (of a child below 12 years) has been increased to life imprisonment in certain aggravated circumstances, while in other circumstances, it is a first degree felony with a minimum punishment of 15 years’ imprisonment" (2).

Countries: Venezuela
Variables: LRW-LAW-1

"The Committee welcomes… the adoption of the following… Act on the Prevention and Elimination of Sexual Abuse against Children and Adolescents, in 2021" (1-2).

Countries: Bosnia-Herzegovina
Variables: LRW-LAW-1

"Some progress has been identified in harmonization of the legislation in B&H with the international standards on prevention and combating violence against women in Republika Srpska, which in 2017 adopted new Criminal Code that introduced provisions aimed to harmonize it with the international standards from the CoE Convention on Prevention and Combating Violence Against Women and Domestic Violence (Istanbul Convention) through establishing and managing a special register of persons convicted for criminal offences against sexual integrity of a child, and a new chapter that regulates criminal offences against sexual abuse and exploitation of a child. New criminal offences related to gender based violence are, as follows: female genital mutilation, forced...more

Countries: South Korea
Variables: LRW-LAW-1

"At the heart of the controversy is a 1953 law that defines rape on the basis of physical violence, not lack of consent. The switch from coercion-based to consent-based rape law has been adopted in recent decades by several countries, mostly in Europe, reflecting United Nations guidelines that favor the latter. Feminists in South Korea have been trying to reform the law for years, but their efforts have created a sense of panic among some men who believe it would result in a flood of false allegations of rape" (para 10). "During his campaign, Yoon promised to dismantle the country’s gender equality ministry, which is highly controversial with the men’s...more

Countries: Cambodia
Variables: LRW-LAW-1

"[T]he law establishes the age of sexual majority as 15, so there is no statutory rape of 15 to 17-year-olds" (5).

Countries: Switzerland
Variables: LRW-LAW-1

"The Swiss Criminal Code, however, defines rape (Art. 190) on the basis of the force used by the perpetrator or the resistance by the victim, rather than on the basis of a lack of freely given consent. Indeed, Article 190 (rape) of the Swiss Criminal Code reads as follows: 'Any person who forces a person of the female sex by threats or violence, psychological pressure or by being made incapable of resistance to submit to sexual intercourse is liable to a custodial sentence of from one to ten years.' Article 189 (indecent assault) which criminalises ‘sexual acts similar to intercourse or any other sexual act’ such as forced oral and...more

Countries: Mauritania
Variables: LRW-LAW-1

"Domestic violence, rape (as well as marital rape), and other forms of harmful practices against women remain highly prevalent and there are still no specific laws nor policies in Mauritania which to combat this scourge" (1). "The government of Mauritania in the last few years has made several progressive moves towards improving the policies and regulations for the safety and security of women and girls. In March 2016, the government approved a draft law on gender-based violence, which would define and punish rape and sexual harassment, create specific sections in criminal courts of first degree to hear sexual violence cases, consolidate criminal and civil court proceedings to favor prompt compensation...more

Countries: Indonesia
Variables: LRW-LAW-1

"In Indonesia, legal protection for survivors of violence is still very weak and weaker still for WUD [women who use drugs]. There is no specific policy that protects victims of sexual violence. Cases of violence against women are only regulated in the General Criminal Code (KUHP) which specifically prohibits rape in the form of penetrative sex. Other forms of sexual violence are regulated in the Domestic Violence Law (KDRT), which only applies to victims and perpetrators who are categorized as family. As a result, violence in any form other than penetration, and committed by outside family members, such as intimate partners, escapes justice" (11-12).

Countries: China
Variables: LRW-LAW-1

"The Committee notes Amendment IX to the Penal Code, adopted in 2015, assimilating the offence of 'soliciting underage prostitutes' to the crime of rape, with equivalent penalties" (Page 8). "[T]he new Regulations on the Protection of Minors at Schools, adopted in 2021, which include provisions against sexual harassment and cyberbullying, and monitor the establishment of zero-tolerance handling mechanisms for bullying, sexual assault and harassment against students" (Page 10). "The Committee notes the work of the Law Reform Commission in Hong Kong, China, and various proposals for the reform of legislation that governs sexual offences, including the definition of rape. The Committee is, however, concerned that Hong Kong, China, has not...more

Countries: Kazakhstan
Variables: LRW-LAW-1

"Kazakhstan’s Criminal Code continues to provide an inadequate and limited definition of sexual violence crimes leaving many of the coerced and non-consensual acts of a sexual character without any punishment, as was underlined in the Committee’s 2014 Concluding Observations. In addition, classifying such offences as less serious serves to obstruct proper justice for victims of sexual violence. Article 120 defines rape as sexual intercourse with the use of violence or threats of violence, of a female victim or other persons or abusing the 'helpless state of the victim', while Article 121(1) criminalises 'pederasty, lesbianism or other actions of a sexual character committed with the use of violence or with a...more

Countries: Nigeria
Variables: LRW-LAW-1

"Despite a countrywide state of emergency on rape being declared in 2020, the number of rape incidents has increased every year since" (para 8).

Countries: Iraq
Variables: LRW-LAW-1

"Iraqi judges have told Human Rights Watch that provision 4 is all-encompassing and indirectly includes crimes such as rape and other crimes committed by ISIS members" (1). "Even in cases in which defendants have admitted to subjecting Yezidi women to sexual slavery, prosecutors have still neglected to charge them with rape, which carries a sentence of up to 15 years" (2).

Countries: Australia
Variables: LRW-LAW-1

"Consent laws do not require a person to physically fight off unwanted sexual contact" (para 10).

Countries: Morocco
Variables: LRW-LAW-1

"Paragraph 2 of article 475 of the Criminal Code has been amended to allow the criminal prosecution of anyone who rapes a minor girl and prohibit him from marrying her" (3). "The penalty for abducting or luring minors has been increased. The prison sentence for luring or abducting for the purposes of sexual relations, even if consensual, is now 10 years. If the act results in sexual assault, it is 20 years. In the case of luring or kidnapping resulting in rape, the sentence is 30 years" (3). "With regard to paragraph 21 of the Concluding Observations, there is a draft criminal act before Parliament containing a set of requirements...more