These norms must include but are not limited to the following:
that the absence of evidence corroborating the victim’s testimony does not prevent judicial prosecution
as well as the judgment of the perpetrator with respect to the right to a fair trial,
a prohibition on bringing up the question of the behaviour and sexual past of the victim, including
virginity, at all stages of the proceedings,
a prohibition on any provisions that could result in dissuading victims from denouncing sexual violence,
such as rules that could lead to the prosecution of the victims for adultery, “immoral acts”, “crimes of
indecency”, “false allegations” of sexual violence, slander, or mischievous accusations;
• penalties that are appropriate and proportional to the seriousness of the acts of sexual violence committed,
pursuant to the guideline 43. 1. of these Guidelines;
• the right to a remedy and reparation for victims, pursuant to Part 5 of these Guidelines.
66. 2. In order to ensure the consistency of their legal framework and the elimination of all types of sexual
violence, their causes and their consequences, States must review or repeal provisions contained in other
instruments of their domestic law that are contrary to the legislation adopted / amended, including
the Constitution, criminal code, criminal procedural code, military justice code, codes of conduct and
operations manuals for the use of military and police forces, civil code, civil procedural code, family code,
land code, and health code.
Explanatory Notes: DAW, DESA, United Nations Handbook for Legislation on Violence against Women, ST/ESA/329, pp.
45 and 46, (2010); Addendum to the SADC Declaration on Gender and Development (1997), Prevention and Eradication
of Violence against Women and Children (1998) ; SADC Protocol on Gender and Development (2008), Articles 20, 21, 22,
23, 26 and 27. See also the provisions of the legislation of the Republic of South Africa, Criminal Law Amendment Act 32
(2007). See the Namibian Combating of Rape Act (2000), Article 5, which states that: “No court shall treat the evidence of
a complainant in criminal proceedings against a person accused of an offense of a sexual or morally wrongful nature with
particular caution because of the nature of the wrongful act”. See also the Spanish Organic Act on Integrated Protection
Measures against Gender Violence (2004).
B. GOVERNMENTAL MEASURES
67. Integrated public policy
States must adopt and implement effective and coordinated domestic public policy, focused on the rights
of victims, to prevent and combat sexual violence and its consequences. Such public policy is intended to
ensure consistency in State action in the legislative, judiciary and administrative domains as well as ensuring
appropriate coordination of public policy regarding health, justice, education, prevention, policing and
any other public domain of intervention that deals with sexual violence. These public policies must be
implemented at all levels of the State by national gender equality institutions and national institutions for
protection and promotion of human rights (NHRIs), in close cooperation with civil society actors.
68. National action plans
68. 1. Development of national action plans
a. States must adopt and/or strengthen new or existing multi-year national action plans to operationalize
the integrated public policies on gender equality and combating sexual violence and its consequences.
These plans must enunciate a consistent and sustainable programme of activities over the short, medium
and long term, with specific goals, enabling the following:
• cross-cutting integration of the issue of gender equality and combating sexual violence and its
consequences in all actions taken by the State (for example, by advocating before those in charge of
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA
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