2c
understanding GENDER-based violence
> Sexual assault, that assumes the use of violence, coercion, threat or surprise (Article 222-22 of the Code pénal); > Sexual interference with a minor and involving no violence, coercion, threat or surprise. Included in acts of sexual interference are instances where minors are subjected to viewing acts (Article 227-25 of the Code pénal).
Sexual exploitation is often associated with human trafficking. This form of sexual violence will therefore be defined in the paragraph relating to trafficking.
Sexual violence in times of armed conflict Times of conflict see a considerable rise in the number of cases of violence involving sexual violence, as well as other forms that may be gender related such as abduction, false imprisonment and forced recruitment. Such violence multiplies and is exacerbated as a result of sexual stereotypes and the chaos and social disintegration inherent in the situation. Most acts of violence are therefore opportunistic and result indirectly from the conflict. Gender-based violence, and particularly sexual violence, is also regularly and systematically used as a weapon of war to destabilise, humiliate and terrorise members of the opposing community, often in an attempt to force them to flee. The enemy may, for example, attack women and young girls, as their humiliation also affects their families and often the community as a whole. The women and girls are targeted as the source and the bearer of future generations. Their rape therefore becomes a weapon of war and torture. International jurisprudence has recognised rape in this instance as a war crime, a crime against humanity and genocide45.
“Women are seen as the embodiment of the opposing cultural identity and their bodies as territory to be conquered, or as a means of humiliating the men in their community. In this case, rape is a deliberate strategy aimed at corrupting community relationships. It represents a form of assault on the enemy and characterises the conquest and degradation of women or captured combatants.” Josse E., “Violences sexuelles et conflits armés en Afrique”, 2007.
In certain regions of the world, conflicts have led to a wave of sexual violence used as a weapon of war, such as in Ex-Yugoslavia, Darfur, the Democratic Republic of Congo, etc. Even after a conflict is over, violence (and particularly sexual violence) tends to persist.
“It is important to point out that such rapes and sexual violence are committed in a methodical manner and that each armed group has its own operational method of terror, but in general: > Victims are raped by several men at a time, each in turn; > These rapes are public in front of parents, husbands, children or neighbours; > They are often followed by mutilation or other physical torture; > Sexual slavery lasting for up to several months is often reported; > Psychological torture of every sort is regularly reported. These acts are perpetrated with the aim of humiliating, punishing, controlling or displacing the population.
45. Desmarest Anne, « Le cadre légal du crime de viol », MdM, November 2008.
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