3. 2. Victims a. Victims of sexual violence are persons who individually or collectively have been harmed or injured, through physical, psychological or economic loss, or serious infringements to their fundamental rights, caused by an act of sexual violence. The term “victim” must also apply to the close family and persons in whose care the victim is, especially to children born from rape and persons who have been harmed as a result of providing assistance to victims or attempting to prevent their victimization. A person is considered to be a victim, irrespective of whether the perpetrator of the violence has been identified, arrested, prosecuted or sentenced. Explanatory Notes: General Assembly of the United Nations, Basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law, A/RES/60/147 (hereinafter “UN Principles on the Right to a Remedy”, 2005); Rules of Procedure and Evidence of the International Criminal Court, ICC-ASP/1/3 (Part. II-A), Rule 85 (2002); Appeals Chamber, The Prosecutor v. Thomas Lubanga Dyilo, Situation: Situation in the Democratic Republic of the Congo, Judgment on the appeals of The Prosecutor and The Defence against Trial Chamber I’s Decision on Victims’ Participation of 18 January 2008, ICC-01/04-01/06-1432, par. 30, 32, 38 (11 July 2008). b. Women and girls are particularly vulnerable to sexual violence due to ongoing discrimination against them. Entrenched inequality in legislation, that is perpetuated by customs, traditions and religious texts, contributes to patriarchal attitudes, gender-based stereotypes and violence. As a consequence, sexual violence is gender-based violence. Gender-based violence against women is defined as any act of violence against a woman because of her sex or gender, or any act of violence that disproportionately affects women. c. Sexual violence also affects men and boys, and may take specific forms intended to affect the masculinity or virility of the victim as perceived by the perpetrator. Like sexual violence against women and girls, sexual violence against men and boys is often used as a means of dominating, subordinating or humiliating the victim and/or the group to which the victim belongs. Due to stereotypes associated with masculinity, men and boys who are victims of sexual violence face particular challenges in reporting such violence and receiving appropriate assistance. This phenomenon remains largely under-documented. Explanatory Notes: Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict; Report on the work of the United Nations Workshop on Conflict-Related Sexual Violence Against Men and Boys (2013). d. Children are particularly vulnerable to sexual violence, and girls are subject to double discrimination. Every human being below the age of 18 years is a child. Sexual violence against children includes the sexual abuse and exploitation of children, including all acts of sexual violence listed in the preceding paragraphs as well as child prostitution, using children in pornographic activities and scenes or publications, and producing, disseminating, broadcasting, importing, exporting, offering, selling or possessing pornographic materials involving children. Sexual violence is particularly common in marriages involving child brides. Sexual violence can be perpetrated against a child by anyone, even a family member or other children. Explanatory Notes: African Charter on the Rights and Welfare of the Child, Articles 2 and 27 (1990); ICGLR, Protocol on the Prevention and Suppression of Sexual Violence against Women and Children (2006) ; Convention on the Rights of the Child, Articles 19 and 34 (1989), its Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000) and its Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000); the Committee on the Rights of the Child, General Comment No. 13, par. 25 (2011); Interagency Working Group on Sexual Exploitation of Children, Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse (2016). e. Factors other than a person’s sex can increase the vulnerability of individuals or groups of individuals to sexual violence. These include race, colour, national origin, citizenship, ethnicity, profession, political 16 GUIDELINES ON COMBATING SEXUAL VIOLENCE AND ITS CONSEQUENCES IN AFRICA