PART 4. INVESTIGATING SEXUAL VIOLENCE AND PROSECUTING THOSE RESPONSIBLE Two lawyers of the plaintiffs in the case of former Chadian dictator Hissene Habre, arrive to the Appeal Court of the Extraordinary African Chambers (CAE) on April, 27, 2017 in Dakar, Senegal. © Seyllou / AFP A. CRIMINALIZATION OF SEXUAL VIOLENCE 39. National legal framework 39. 1. States must ensure that their national legal framework guarantees that the definitions of all forms of sexual violence set out in criminal legislation are consistent with regional and international standards, including the definitions provided in these Guidelines (guideline 3. 1.). They must also guarantee that their national legal framework criminalizes forms of sexual violence that are not yet criminalized within their legislation, specifically by creating new offences in their criminal codes. This national legal framework must also expressly: • Guarantee the effectiveness of any investigation and prosecution of acts of sexual violence; • Guarantee victims the right to free legal assistance and legal representation beginning with the preliminary investigation; • Guarantee that medical and legal forensic costs are covered; • Contain clear and specific provisions regarding gathering, preserving and archiving evidence of acts of sexual violence; • Ensure that the most serious sexual offences / those qualified as crimes under the law are not subject to prescription ; • Prohibit any type of mediation between the victim and the perpetrator of the sexual violence before or during the legal proceedings; and • Provide for penalties commensurate with the seriousness of the acts of sexual violence. 39. 2. States must guarantee that this legal framework is widely disseminated, including within the administration, police and judicial services and appropriate social and medical services. 30 GUIDELINES ON COMBATING SEXUAL VIOLENCE AND ITS CONSEQUENCES IN AFRICA