QUICK ESCAPE FROM SITE

Challenges in monitoring certain types of violence against women and girls

There are challenges with monitoring certain types of violence against women and girls:

  • Domestic violence and sexual harassment should be measured as courses of conduct.  Both of these types of violence involve multiple, separate acts which should be considered as a pattern of violence against women and girls. For example, the Italian government’s 2006 nationwide survey on violence against women found that a third of the women surveyed experience both physical and sexual violence, and that the majority of victims experience several violence episodes.

See: section on Domestic Violence and see: Sexual Harassment: Explore the Issue, Stop VAW,The Advocates for Human Rights.

  • There may be little information on the prevalence of some types of violence against women. The Secretary-General’s in-depth study on violence against women noted the difficulty of monitoring the prevalence of sexual harassment in countries where there is no legislation to address it, and that in developing countries “little is known about the magnitude of the problem.” See: Secretary-General’s report, p. 68. See also:  General Recommendation (2002)5 p. 47.
  • There may not be a consensus across states on the definition of some types of violence against women, and therefore, comparative data may not exist. Sexual assault is an example of a form of violence in which there is no consensus on the definition.  See: General Recommendation (2002)5 p. 45.
  • Monitors must ensure that marginalized population groups such as the girl child, the elderly, ethnic minorities, women in detention, and the disabled are included in any monitoring studies on violence against women and girls.
  • When monitoring harmful practices such as FGM, monitors should incorporate questions regarding community practices in case new substitutes for illegal practices have been devised.
  • Monitors should track promising practices and their results, such as innovative remedies for victims of domestic violence, new methods of achieving victim safety, and advances in public awareness.  For example, countries may allow potential victims of FGM to obtain orders for protection, or incorporate sexual violence provisions in the policies of universities and other institutions. See:  Indicators on violence against women and state response, p. 31 and Higher Education Protocols, www.stopvaw.org, The Advocates for Human Rights.

Case study: National Center Against Violence in Mongolia monitors sexual violence and rape prevalence and policy

In 2008, the National Center Against Violence in Mongolia completed a monitoring study on sexual violence, rape and relevant legislation. The purpose of the study was to assess the implementation of rape laws, including situations of marital rape, incest, and date rape in Mongolia, and to develop policy and programme recommendations to better protect victims.  The researchers collected data from 700 respondents, including 100 legal professionals. They reviewed existing policies and documents, and applied both quantitative and qualitative research methods.

They surveyed the prevalence of each form of rape: Half of all respondents reported being a victim of marital rape. Only one in ten said that they would seek help from others for this crime, because of family reputation and the fact that law enforcement does not recognize it as a crime. No single incident of a marital rape has ever been recorded, according to their research.

The researchers also found that date rape is a common occurrence among teenagers and young people.  34.2% of the respondents said that date rape occurs “often.” The study found that date rape remains unreported unless serious consequences, such as STDs or unwanted pregnancy, occur. Eight out of ten respondents reported that there is insufficient public awareness of date rape.

The study surveyed the public awareness and attitude toward incest using a questionnaire directed at 100 people ages 18-58. Four in ten respondents said that incest did occur in Mongolian homes, and half of these said that a step-daughter was the most vulnerable potential victim. This was supported by a review of legal cases: most of the perpetrators were stepfathers. The questionnaire also revealed that key reasons for not reporting incest are that the victim is under the control of the perpetrator and believes that law enforcement would not respond to the case.  The researchers found that victims of incest and date rape mainly approach NGOs for help.

Monitors found that the majority of rape cases were dismissed during the investigation either because there was no “hard evidence” that the victim objected to the rape or no force was used in the rape. If the forensic report does not indicate any physical injury, the case is dropped.

Monitors found many barriers to a victim-centered state response: Victims must give statements repeatedly, there are no officers who specialize in victim psychology or the dynamics of rape, victims are blamed, treated like criminals and forced to wait for hours or days for police help, or are told to find the criminal themselves. These factors discourage victims from pursuing a criminal case and thus most of them accept a financial settlement to leave the case.

The monitors made a number of recommendations, including:

  • Amend Mongolian law to create separate provisions on incest, marital rape, and date rape. 
  • Amend rape laws to reflect rape without force and rape by deception.
  • Amend rape laws to include compensation and restitution provisions.
  • Train female officers to conduct investigations using protocols which protect victim privacy and safety.
  • Develop a code of ethics for vulnerable victims and monitor conduct of law enforcement officers for compliance with the code.
  • Crisis centers for victims of sexual violence should offer legal, medical, psychological and rehabilitative services.

Next Topic   Ethical considerations

 Previous Topic Designing a qualitative research project or a “situation analysis”