Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

134 PRACTITIONERS GUIDE No. 12
their complaint, so that making a complaint is considered to be
more trouble than it is worth. Similarly, many women know
that they have nowhere to go, without any form of protection
from further violence as a reprisal, especially in the case of
domestic violence.
Additionally, some States have statutes of limitation applicable
to certain offences, which means that women may only have a
short window of time to make complaints. This is particularly
problematic with gender-based violence against girls, who may
not be able to bring cases themselves while they are under 18
years old or who are considered to be minors under domestic
law. Often girls do not have access to the court, to give their
views on contact with, for example, an abusive father. 355
Sexual violence against children may not be seen as criminal
where the child is a “prostitute”, in contravention of
international standards requiring that no child should be
involved in sex work and that the involvement of children
(under 18 years of age) in prostitution is a form of child
abuse. 356
“2. Parties shall take the necessary legislative or other measures to
ensure that incitement by any person of a child to commit any of the
acts referred to in paragraph 1 shall not diminish the criminal liability
of that person for the acts committed.”
355
See Carreño v Spain, above note 353, paragraph 11(b)(i): where
the CEDAW Committee ruled that the respondent State should: “Take
appropriate and effective measures so prior acts of domestic violence
will be taken into consideration when determining custody and
visitation rights regarding children and so that the exercise of custody
or visiting rights will not endanger the safety of the victims of
violence, including the children. The best interests of the child and the
child’s right to be heard must prevail in all decisions taken in this
regard…”.
356
Optional Protocol to the Convention on the Rights of the Child on
the sale of children, child prostitution and child pornography.