• The conjugal relationship between the perpetrator and the victim;
• The time elapsed between the events and the time that the attack was reported or denounced by the
victim.
Explanatory Notes: South Africa, Criminal Procedure Act 51 (1979), Criminal Law Amendment Act 105 (1997), and Criminal
Law Sentencing Amendment Act 32 (2007); Istanbul Convention; Rules of Procedure and Evidence, International Criminal
Court, Rule 70; Criminal Code of Cameroon, Article 298 on aggravating circumstances (2016).
43. 2. Prescription
a. States must take the necessary measures to ensure that prescription does not apply to the most serious
sexual offences / those qualified as crimes under the law, to guarantee that victims will have access to
justice for these offences throughout their lives.
b. States must take the necessary measures so that, under all circumstances, prescription is prohibited for
the penalties provided for the most serious sexual offences / those qualified as crimes under the law.
Explanatory Note: ICGRL, Protocol on the Prevention and Suppression of Sexual Violence against Women and Children,
Article 6 (6) (2006).
43. 3. Immunity
States must take the necessary measures to ensure that the official status of the perpetrator or person
responsible for the sexual violence cannot be used under any circumstances to waive criminal liability.
43. 4. Clemency, amnesty and pardon
a. States must take the necessary measures to guarantee that no one who has been found responsible for
perpetrating acts of sexual violence can benefit from clemency because of their official status.
b. States must take the necessary measures to guarantee that measures related to clemency or pardon are
not applied to the perpetrators or persons held responsible for acts of sexual violence.
C. INVESTIGATING AND PROSECUTING CRIMES OF SEXUAL VIOLENCE IN SITUATIONS
OF CONFLICT AND CRISIS AS INTERNATIONAL CRIMES
44. International crimes
States must take all measures to enable the prosecution of crimes of sexual violence committed in situations
of conflict and crisis as international crimes, providing for them to be prosecuted as crimes of genocide,
crimes against humanity, and war crimes in their domestic legislation, in accordance with international
criminal law.
45. Evidence
States must take into consideration the context of the conflict or crisis, especially the difficulties in gathering
evidence that generally result from the destruction of infrastructure and public services, which commonly
occurs in conflict and crisis zones. This means that the evidence collected should come from a variety of
sources. Investigators must pay particular attention to any risk factor or contextual element that could
reveal the perpetration of possible acts of sexual violence in times of conflict and crisis, especially the
following:
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA
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