Thus, even when a penal code establishes rape as a crime, the interpretation of the code can limit or extend access to justice. Further, sexually discriminatory criteria are often applied. Just as in the case of international committees and bodies, institutions with authority at the federal, local, and municipal levels have procedural norms for accessing justice. In the case of women, even though the norm or jurisprudence may establish egalitarian criteria, those who are enforcers of the law may limit access to it based on their own beliefs. For example, when a formal complaint is lodged for sexual harassment at the workplace, the authority responsible for registering the complaint often doubts the victim’s word. He asks whether there is any possibility that the event was misinterpreted or if the complainant has some motive for revenge. This attitude, shaped by the personal beliefs of those who are in charge of enforcing the law, violates procedural norms and fair treatment standards. So when we develop strategies to report violations and seek access to justice, it is important for us to consider and understand the criteria for interpretation and application of the norms to be enforced. In the case of collective actions, it is advisable to consider what is most necessary: changing the law, training law enforcement officers, promoting a new corpus of laws, or, perhaps, all three. However, we need to set priorities for collective action.
Politico-cultural component With regard to the politico-cultural component, it is important to be aware of prevailing beliefs on violence against women. For many people and societies, violence against women is seen as legitimate and almost necessary. For others it is standard practice, which is reflected in legislation that does not sanction this type of violence. These beliefs about gender violence prompt victims to remain silent and not press charges. It may also ensure that aggressors and criminals know beforehand that they are likely to go unpunished, since those responsible for enforcing the law—and society in general—may not penalize violent behavior. Although many of us are aware of international conventions, we may be unfamiliar with national legislation on violence against women. It is possible that our demands made on the basis of international legislation may not have any national or local references. Sometimes we approach human rights authorities with a complaint (which assumes an administrative sanction by the authority) when what we wish to do is report a crime (which assumes sanctions such as imprisonment of the person committing the crime), resulting in complications and delays in getting justice.
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