full version - World Organisation Against Torture

Eritreacurrently being implemented. UNICEF, in conjunction with the Ministryof Labour and Human Welfare, is also concentrated on this “at risk” population.OMCT welcomes these efforts to curb the growing problem ofchild sex workers and encourages the government to make this issue a priorityin the future.4.2 RapeThe Transitional Penal Code of Eritrea provides for certain elements ofthe crime of rape in Article 589. These are: (1) force or violence mustbe present, (2) the victim must be a woman, (3) the intercourse must bebetween unmarried persons, and (4) force may be implied where thewoman is unconscious or incapable of resisting the rape. Additionally,rape can have aggravating circumstances such as if (1) the victim is under15 years of age, (2) the person is disabled, or (3) there are multipleperpetrators. 54 Rape is a public offense, which means that the public prosecutorhas control over the case since it is in the interest of publicsecurity. 55OMCT notes that although there is no explicit definition of rape accordingto codified international treaty law, international norms defining the elementsof this crime have arisen. In particular, rape has been recognized asa crime not only where force or violence are present, but also where thethreat of violence or other forms of coercion are present. This is extremelyimportant as violence does not always accompany the act of rape, but thethreat of violence or other forms of coercion force women into sexualactions, because of lack of power and fear. These situations should not beexcluded from the crime of rape. Moreover, the requirement of violenceand force may place a large part of the burden of providing proof of theviolence or force (in the form of bruises) on the rape victim.There is little information concerning rape in Eritrea, but one study indicatesthat young women are particularly vulnerable to sexual violence inthe community, including rape, and that rape and attempted rape are commonoccurrences in areas where refugees and returnees are living. 56Although many Eritreans claim to condemn rape, the report found thatvillage elders who handle rape cases often impose no punishment on theperpetrator. 57 211