• Ensuring that the rhythm and duration of questioning does not further traumatize the victims;
• Closed hearings;
• Providing safe accommodation for victims and witnesses as needed and when requested by the victims or
their legal counsels, during the trial and afterwards as applicable.
42. 2. Special measures for the participation and protection of children victims or witnesses
of sexual violence
States must take the necessary measures to guarantee that the best interests of the child are of paramount
consideration, and that judicial intervention takes place in the least intrusive manner possible. States should
facilitate the participation of children victims or witnesses of sexual violence throughout the proceedings
and ensure that they are protected, particularly through the following measures:
• The legal representative of the child should be present during the hearing, and, where applicable, any
other person of the child’s choosing;
• The hearing of the child should be recorded to avoid trauma related to multiple hearings;
Interviews should be conducted in such a manner that the child has a clear understanding of the process, by
simplifying discourse and using age-appropriate representations and any other method of communication
that can help the child understand the questions and avoid any further trauma;
Alternative methods of expression, such as art, should be used to encourage the child to express himself/
herself (drawing, theatre, etc.);
• Accessible psychological support provided by personnel specialized in listening to and assisting child
victim or witness of sexual violence.
Explanatory Notes: ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2003);
Committee on the Rights of the Child, General comment No. 13 (2011): The right of the child to freedom from all forms of
violence, CRC/C/GC/13 (2011); Economic and Social Council, ECOSOC Resolution 2005/20, Guidelines on Justice in Matters
involving Child Victims and Witnesses of Crime (2005).
43. Sentencing and applicable penalties
43. 1. Penalties
a. States must provide for penalties that are proportional to the seriousness of the act of sexual violence.
b. The applicable penalties must take any aggravating circumstances into consideration, including but not
limited to the following:
• The vulnerability of the victim: this could be the result of age, disability, status as a displaced person or
refugee, socio-economic status, physical or psychological violence that preceded the act of sexual violence
or occurred concurrently, the kidnapping of the victim, and the use of or threat to use a weapon;
• The relationship between the victim and the attacker: the existence of a family relationship, status as a
former or current spouse or partner, cohabitation, abuse of authority;
• Whether the offence was committed against or in the presence of a child;
• The number of attackers; the presence of accomplices and/or witnesses;
• The knowledge of the attacker that he/she is infected with HIV;
• Whether the offence was repeatedly committed;
• Recidivism;
• The seriousness of the physical or psychological damage caused by the attack.
c. In particular, the applicable penalties must not take any extenuating circumstances into consideration,
such as :
• The sexual behaviour of the victim before or after the attack;
• The victim’s status as a member of a given group;
36
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA