Olufunke (Funke) Akiyode Shout Global Health

1. 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

2. Presenter DisclosureOlufunke (Funke) Akiyode • The following personal financial relationships with commercial interests relevant to this presentation existed during the past 12 months: • No Relationships to Disclose

3. 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 will1. • 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 rape2.

4. 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 died31. • “ 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 girl31 • "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 custody31 • .

5. 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 countries4 • Rape is rarely reported in many countries because of social stigma, and “honor killings” of rape victims3

6. Rape Overview • 1 in 3 American women will be sexually assaulted in her lifetime1 • 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 America5,6

7. 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

8. Global Rape Incidence7

9. 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 reported13.

10. 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 police8 • 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 months9 • 1 out of every 13 gynecological cases presented in hospitals is as a result of Rape10 • But only 10, 079 cases were reported in five year period

11. 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 year14,. • 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 contact15 • 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?

12. Unreported Rape • India • Population 1.2 billion • Rape incidence 8.0 per 100,000 • Rape is one of Indian most common crime against women15 • A survey revealed that 20% of men admitted to raping their wives or partners16 • Another survey reveals 76% of respondents were abused when they were children, and 40% of the 76% revealed they were abused by family members17

13. Unreported Rape • United states • Population – 315,183,801 • Rape incidence – 26.6 • Out of every 100 rapes, only 46% get reported to the police18 • Someone in the US is assaulted every 45 minutes • 1 out of every 7 women currently in college has been raped19 • 9 out of 10 women raped on campus never told anyone about the rape19 • 1 in 10 men is raped in his lifetime19 • Approximately 28% of rape victims are raped by their husbands, 35% by an acquaintance, and 17% by a relative other than spouse19 • An American woman is 10 times more likely to be raped than to die in a car crash19

14. 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 assault20 • Statutes of International Criminal Courts (1998) prohibits rape, sexual slavery, enforced sterilization, and other forms of sexual violence

15. 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 Women21 • Many countries have adopted these legislations and many states do not even have the legislative provisions in place21

16. 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 violence21 • Also requires states to develop penal, civil, labor, and administrative sanctions in domestic legislation to punish and redress the wrongs caused to victims21

17. 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 perpetrators21

18. 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 laws21 • 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 Military22 • 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 her being caned 100 lashes22

19. Rape laws and incidence • India • Age of consent is1623 • Indian penal code does not criminalize marital and custodian rape . • Low conviction rates23 • Corrupt officials • Blaming the victims • Long delay of conviction and trial time23 • Rape by police

20. Rape laws and incidence • Egypt • Age of consent is 1624 • Rape is punishable by death or life in prison25 • Most women are too ashamed to go to the police after being raped • Law enforcement agents are also perpetrators of rape25 • Egypt abolished a controversial law that allows men who commit rape to escape punishment by marrying their victims26.

21. Rape laws and incidence • Canada • Anyone found guilty is liable to prison term between 18 months and not exceeding 10 years27 • Aggravated assault is between four years to life28 • A study reveals that half of Canadian women have been sexually assaulted at least once in their lifetime28 • 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 offence29

22. 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 disorder30 • The risk of depression and anxiety increases three- to four-fold after exposure to Gender Based Violence30

23. 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 PTSD30 • A study of rape victims in Bangladesh reveals that 85% of rape victims suffer severe injuries, unconsciousness, mental illness or death following rape31 • 50 to 60 % experience sexual problems ranging from fear of sex, problems with arousal, and decreased sexual functioning31 • Female victims of rape are 9 times more likely than non victims to attempt suicide31 • Possibilities of unwanted pregnancy30

24. 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

25. 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

26. 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 rights33

27. 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.

28. Bibliography • Unknown Author; National Sexual Violence Resource Center; internet accessed at <http://www.nsvrc.org/publications/fact-sheets/worldwide-sexual-assault-statistics> August 2013 • Tracy, Natasha; Marital rape, Spousal rape; internet accessed at <http://www.healthyplace.com/abuse/rape/marital-rape-spousal-rape/> August 2013 • Harter, Pascale; Libya Rape Victims Face Honor Killings”; internet accessed at http://www.bbc.co.uk/news/world-africa-13760895 •  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 •  Unknown Author; Rape; internet accessed at http://www2.webster.edu/~woolflm/rape.html •  Logan, Jane. (May, 2000). What is Happening to the Women in This Country is Genocide. Jane Magazine •  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> •  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.2010.670.677 • Oladipupo S. Olaleye and Ademola J. Ajuwon*; African Journal of Reproductive Health December 2012; 16(4): 108 • Okoro – Eweka, Richard; The magnitude and Burden of rape in Nigeria; internet accessed at http://nigerianobservernews.com/11092013/features/features9.html#.Ulns5RC6hyY • American Medical Association (1995) Sexual Assault in America. AMA • 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. • "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. • 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 • Kumar, Radha (1993). The History of Doing: An Account of Women's Rights and Feminism in India. Zubaan. p. 128. ISBN978-8185107769

29. Bibliography • 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-developing-nations.html\ • 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/57jmjv.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/AFR44/020/2006/en/d9dcf48c-d3e9-11dd-8743-d305bea2b2c7/afr440202006en.html • 23.. Legal Service Network; Rape laws in India; internet accessed at http://www.legalindia.in/rape-laws-in-india • 24. Interpol; Rape in Egypt; internet accessed at <http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/> • 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-crimes-ignored.html • 27.. CBC News; Egypt Changes Rape Law; internet accessed at <http://www.cbc.ca/news/world/egypt-changes-rape-law-1.178330> • 28 Zvulony& Co; The Law of Sexual Assault in Canada; internet accessed at http://zvulony.ca/2010/articles/criminal-law/sex-assault/ • 30... Unknown Author; Sexual Assault Criminal Process in Canada; internet accessed at <http://www.sexassault.ca/criminalprocess.htm> August 2013 • 31..,Buchan -Terrel, Allison; Sexual Assault, a Common and Unreported Crime; internet accessed at <http://www.gazette.uwo.ca/article.cfm?section=Campus&articleID=252&month=11&day=2&year=2006> August 2013 • 32..,United nations Population Fund; Mental, Sexual and Reproductive Health; UNPF 2010 • 33.. Heiss, Lori; &Pitanguy Jacqueline; Violent Against Women; The Hidden Health of Burden; World Bank, 1994