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

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 203
Rape and sexual violence against men and boys
Rape of men and boys is a very under-reported phenomenon,
but it is estimated that it is far from a rare phenomenon,
especially in the context of armed conflict and in prisons.
Reports indicate that the overwhelming majority of rapists of
men and boys are other men. Improving services for women
and working with women and girls to address stigma caused by
rape may lead to increased confidence for men and boy victims
to come forward to seek justice and reparation. 538
Distinctions between “rape”, “sexual assault” and other
forms of sexual violence
Rape is a form of sexual violence. It is distinguished from other
forms of sexual violence in that the violence results in sexual
penetration. Sexual violence generally, however, can be any
abuse or assault of a sexual nature, even if it does not involve
physical contact – for example, forcing a woman or girl to strip
naked in the presence of men. 539
Many domestic legal systems have recognized an act of rape
only where there has been complete penetration of the vagina
by the penis of the perpetrator.
This restrictive understanding from the criminal law omits
various other forms of conduct which logically must constitute
rape, such as partial penetration of the vagina with the penis;
oral penetration; anal penetration using the perpetrator’s
538
For an overview of the issues, see Sandesh Sivakumaran,
‘Male/Male Rape and the “Taint” of Homosexuality’ (2005) 27(4)
Human Rights Quarterly 1274-1306; Roger Dobson, ‘Sexual torture of
men in war-time Croatia was common’ (2004) British Medical Journal
29 May 2004; Pauline Oosterhoff, Prisca Zwanikken and Evert Ketting,
‘Sexual Torture of Men in Croatia and Other Conflict Situations: An
Open Secret’ (2004) 12(23) Reproductive Health Matters 68-77; and
Sandesh Sivakumaran, ‘Sexual Violence Against Men in Armed
Conflict’ (2007) 18(2) European Journal of International Law 253-276.
539
Miguel Castro-Castro Prison v Peru, Inter-American Court of Human
Rights, 25 November 2006, paragraph 306.