41. 3. Participation of associations in legal proceedings
States must adopt legislative or any other measures to enable associations specifically mandated to combat
sexual violence or to support the victims of sexual violence (including providing support during any trials)
to participate in proceedings related to acts of sexual violence in order to contribute to the legal action
in this type of case and combat the impunity of those who are responsible. This participation could take
the form of the associations becoming civil parties, becoming involved through third-party intervention, or
providing support and/or legal representation to the victims.
41. 4. Age of sexual consent
States must adopt the necessary legislative measures to create a presumption of absence of consent from
minors, who have not reached the age of sexual consent for sexual relations with adults, so that an accused
is unable to invoke such consent as a defence. The age of sexual consent must not be below 16 years.
Explanatory Notes: Haut Conseil à l’Égalité entre les femmes et les hommes (High Council for Gender Equality), Republic
of France, Avis pour une juste condamnation sociétale et judiciaire du viol et autres agressions sexuelles (Notice for fair
condemnation in society and fair sentencing for rape and other types of sexual assault), avis n°2016-09-30-VIO-022, 5
October 2016.
41. 5. Other measures for access to justice for the victims of sexual violence
States must work together with civil society organisations and associations of women lawyers, local
community leaders and other service providers with a view to identifying strategies in order to improve
access to justice for the victims of sexual violence in remote areas where it is more difficult to have access
to justice services.
42. Measures for protecting the victims and witnesses of sexual violence
42. 1. General measures
a. States must adopt the necessary legislative and other measures to guarantee that victims and witnesses
will be protected against intimidation, reprisals, and all kinds of re-victimization or trauma through all
phases of the investigation and prosecution of sexual violence. The informed consent of the people subject
to these protective measures must be sought and obtained. These protective measures must guarantee
the security, dignity, privacy and well-being of victims and witnesses, while respecting the rights of the
accused and the rules of a fair trial.
b. These measures may include but are not limited to the following:
• Protecting the personal information of the victim as much as possible, particularly by redacting the names
and locations of victims and witnesses from the transcripts of hearings, prohibiting those participating in
the proceedings from revealing such information to third parties, and by using pseudonyms;
• Allowing victims who wish to do so to participate in hearings in a secure environment, protected from the
accused, through the use of the following measures:
Separate waiting rooms for victims and perpetrators;
Protective cubicles for witnesses;
Police escorts where required;
Gathering testimony / depositions using special methods (video conference, altering the voice or
image of the person speaking);
Filming hearings using a camera or video-conferencing system;
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA
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