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234 PRACTITIONERS GUIDE No. 12<br />

violence against them “for fear that they will be humiliated,<br />

stigmatized, arrested, deported, <strong>to</strong>rtured or have other forms<br />

of violence inflicted upon them, including by law enforcement<br />

officials”. 630<br />

The CEDAW Committee has underscored that States parties<br />

should act <strong>to</strong> prevent such abuses and should “promote a<br />

culture and a social environment whereby <strong>justice</strong>-seeking by<br />

women is viewed as both legitimate and acceptable rather than<br />

as cause for additional discrimination and/or stigmatization”. 631<br />

An extra level of persecution of victims occurs in situations<br />

where a failure <strong>to</strong> convict a perpetra<strong>to</strong>r for rape leaves the<br />

victim open <strong>to</strong> criminal charges relating <strong>to</strong> sex outside<br />

marriage.<br />

Delays in reporting should not undermine the credibility<br />

of victims<br />

The UN General Assembly has called on States not <strong>to</strong> draw any<br />

adverse inference from any delays between the alleged offence<br />

and the reporting of that offence. 632<br />

The UN Handbook on Legislation for Violence against Women<br />

highlights a number of potential reasons for delays in reporting<br />

violence, including:<br />

<br />

<br />

<br />

<br />

<br />

<br />

Fear of stigmatization;<br />

Fear of humiliation;<br />

Fear of not being believed;<br />

Fear of retaliation;<br />

Financial or emotional dependence on the perpetra<strong>to</strong>r;<br />

Distrust in criminal <strong>justice</strong> mechanisms;<br />

630<br />

CEDAW General Recommendation No 33, above note 569,<br />

paragraph 10. See also paragraphs 8-10 for intersectional forms of<br />

discrimination and situations that women find themselves in that<br />

cause a factual obstacle <strong>to</strong> their enjoyment of their human rights.<br />

631<br />

Ibid, paragraph 35(d).<br />

632<br />

Updated Model Strategies and Practical Measures, above note 559,<br />

paragraph 15(e).

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