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Latest items for LRW-LAW-3

Sept. 14, 2018, 10:13 a.m.
Countries: Maldives
Variables: LRW-LAW-3

"The testimony of women is equal to that of men in court, except on rape and other issues specifically stipulated by country’s legal code" (7). "A man may be convicted of rape in the absence of a confession only if there are two male witnesses or four female witnesses willing to testify. In the case of a child, the burden of proof is lower" (17-18).
Sept. 4, 2018, 10:29 a.m.
Countries: South Africa
Variables: LRW-LAW-3

"Although judges in rape cases generally followed statutory sentencing guidelines, women’s advocacy groups criticized judges for using criteria such as the victim’s behavior or relationship to the rapist as a basis for imposing lighter sentences" (31).
Sept. 4, 2018, 10:26 a.m.
Countries: Nepal
Variables: LRW-LAW-3

"The bill also extends the statute of limitations for filing rape charges from 35 days to 180 days. Human rights groups highlighted concerns with the statute, despite its extension, and its implications for addressing sexual violence committed during the country’s 10-year conflict" (26). This statute affects a woman's ability to charge an offender with rape if too much time has passed, essentially hindering her ability to be a witness as well (AA-CODER COMMENT).
Sept. 4, 2018, 10:25 a.m.
Countries: Mozambique
Variables: LRW-LAW-3

"A judge may order a trial closed to the media in the interest of national security, to protect the privacy of the plaintiff in a sexual assault case, or prevent interested parties outside the court from destroying evidence" (6).
Aug. 28, 2018, 10:03 a.m.
Countries: Mali
Variables: LRW-LAW-3

"The Committee, recalling its general recommendation No. 19 (1992) on violence against women, reiterates its previous recommendation (see CEDAW/C/MLI/CO/5, para. 18) that the State party: . . . (c) Remove obstacles faced by victims of gender-based violence to gaining access to justice by eliminating the practice of requiring a medical certificate to initiate criminal proceedings for rape" (page 6).
April 11, 2018, 9:04 p.m.
Countries: Albania
Variables: LRW-LAW-3, ATDW-LAW-1, DTCP-LAW-1

"The Committee welcomes Law No. 77/2014 amending Law No. 10039 on legal aid to provide access to legal assistance for women who are victims of gender-based violence. The Committee is concerned, however, that, despite that improvement, women, especially those belonging to disadvantaged and marginalized groups, remain unaware of their right to legal aid and continue to face significant legal and practical barriers in gaining access to justice, which is reflected in the low number of complaints filed. It is also concerned about the widespread problem of non-execution of court orders, including orders concerning the payment of alimony. The Committee is further concerned that the State party has still not reversed...more
April 3, 2018, 10:42 p.m.
Countries: Madagascar
Variables: LRW-LAW-3, DV-PRACTICE-1, DV-LAW-3, DTCP-PRACTICE-1

"The Committee notes that the State party intends to strengthen and increase the number of legal clinics. It notes with concern, however, the persistence of many barriers to women’s access to justice, especially in cases of divorce and gender - based violence, such as women’s legal illiteracy, the lack of awareness in the State party and in its relevant national legislation of women ’s rights, gender stereotyping, including among law enforcement personnel and traditional chiefs, the subjection of women to customary and traditional legal systems, corruption within the judiciary, the unavailability of courts in rural areas, legal fees and the cost of medical certificates, which are borne by the victims...more
March 21, 2018, 5:20 p.m.
Countries: Namibia
Variables: LRW-LAW-3, ATDW-PRACTICE-2, DTCP-PRACTICE-1

"The Committee notes that the Legal Aid Act (No. 29 of 1990), as amended by Act No. 17 of 2000, provides for a legal aid scheme in the State party. The Committee is concerned, however, that, notwithstanding the existence of a legal aid scheme, which is based on a means and merit test, women’s access to justice, in particular in civil cases, including divorce, and in cases of gender-based violence, continues to be limited owing in part to reported cuts to the legal aid fund. The Committee recommends that the State party ensure that adequate funding is provided to the legal aid fund and that women, in particular women pursuing...more
March 14, 2018, 6:54 p.m.
Countries: Senegal
Variables: LRW-LAW-3, LRCM-LAW-2, DV-LAW-2

"The Committee welcomes the measures adopted to address violence against women, including the adoption of the above-mentioned Law No. 99-05 of 29 January 1999 and of Ministerial Decree No. 10545 of 10 December 2008 establishing a review committee on violence against women. The Committee also welcomes the establishment of listening centres for women who are victims of violence. It remains concerned, however, about: (a) The increase in the rate of sexual violence against women, including rape; (b) The persistence of domestic violence and the limited number of cases of domestic violence reported owing to women’s fear of reporting them because of the potential consequences for their family life, as well...more
Feb. 7, 2018, 10:37 a.m.
Countries: Sweden
Variables: LRW-LAW-3

"The sexual crimes reform implemented in 2005 has been evaluated. Certain amendments have been made to the legislation in order to reinforce and sharpen the protection of sexual integrity and sexual self-determination. These amendments entered into force on 1 July 2013. For example, the crime of rape has been widened further. More cases of sexual exploitation will be assessed as rape because the term “helpless state” is being replaced by the term “particularly vulnerable situation”. In addition, the term “serious fear” has been added to the list of examples given in the text of the law. This will make it even clearer that situations in which a victim responds passively...more
Sept. 21, 2017, 5:35 p.m.
Countries: United States
Variables: LRW-LAW-3

"Laws with this clear and convincing evidence standard allow termination of parental rights if evidence is presented in family court that the father committed sexual assault during conception of the child. A family court judge would rule if the evidence was 'clear and convincing' under civil law. For example, this could include witness testimony that the defendant committed rape, as long as the defendant didn't have a solid alibi"(para 23-24)
Aug. 31, 2017, 5:38 p.m.
Countries: India
Variables: LRW-LAW-3

“The ‘two-finger test,’ a once-routine practice in rape exams where two fingers are used to determine the pliability of the hymen … has long been used by defense attorneys as evidence that a victim had an alleged prior sexual history, although courts have said that should have no bearing. … New medical guidelines for doctors forbid its use and the Supreme Court outlawed the two-finger test in 2013” (para 24-25). “His attorney, Gopal Narain Mishra, said that he is appealing because the prosecution pinned its case on the testimony of the victim alone and presented no physical evidence tying his client to the crime” (para 56).
March 24, 2017, 1:19 p.m.
Countries: Czech Republic
Variables: LRW-LAW-3

"Victims of sexual crimes may choose the gender of the judge who will preside over the trials of their alleged assailants" (6).
March 16, 2017, 11:51 a.m.
Countries: Guinea
Variables: LRW-LAW-3, DV-LAW-3

"In the traditional system, evidence given by women carried less weight" (10).
March 7, 2017, 10:54 a.m.
Countries: Gambia
Variables: LRW-LAW-3

"On January 5, the high court in Banjul sentenced Mama Mbaye to seven years’ imprisonment with hard labor for his attempted rape of a four-year-old girl" (23). "In October 2014 police in Upper River Region arrested and detained a 35-year-old man, known by the initials S. C.,' for allegedly raping a 10-year-old girl" (23).
Jan. 4, 2017, 2:59 p.m.
Countries: Jordan
Variables: LRW-LAW-3, DV-LAW-3

“Civil, criminal, and commercial courts accord equal weight to the testimony of men and women. On the other hand, in sharia courts, which have jurisdiction over Muslim marriage, divorce, and inheritance cases, the testimony of a woman has half the weight of a man’s” (10). “Spousal abuse is technically grounds for divorce, but husbands claimed religious authority to strike their wives. Observers noted that, while judges generally supported a woman’s claim of abuse in court, due to societal and familial pressure, as well as fears of violence such as honor killings, few women sought legal remedies” (29). “The law does not provide for the same legal status and rights for...more
Dec. 29, 2016, 8:22 a.m.
Countries: Iran
Variables: LRW-LAW-3

"Article 209 [of Iran’s Islamic Penal Code of 2013]. Where, in financial claims such as diya for bodily offenses, and also in claims which are about claiming a sum of money such as a negligent or quasi-intentional bodily offense which must be compensated by a diya, the private claimant is unable to provide an admissible evidence which meets the requirements under Shari’a, s/he [still] can produce one male witness or two female witnesses together with an oath and prove the financial part of his/her claim...Note: Zina is defined as illicit sex outside of marriage. Livat, tafkhiz and musaheqeh are defined as various forms of homosexual sexual activity either between men...more
Dec. 27, 2016, 8:10 p.m.
Countries: Pakistan
Variables: LRW-LAW-3

"In Pakistan, the evidence provided by a woman is worth exactly half that of a man in certain civil matters" (17).
Nov. 10, 2016, 10:50 a.m.
Countries: Bangladesh
Variables: LRW-LAW-3

"In August a government committee created by order of the High Court recommended replacing the 'two-finger' rape test with other examinations by medical professionals" (23).
Nov. 7, 2016, 1:31 p.m.
Countries: Bahrain
Variables: LRW-LAW-3

"There were reports of instances in which employers allegedly raped female domestic workers, but the victim did not seek legal redress, since victims cannot prove guilt in court without the testimony of witnesses to the crime" (29).
Sept. 14, 2016, 12:39 p.m.
Countries: Palestine
Variables: LRW-LAW-3

"(1) Legal proceedings shall be stopped against the perpetrator of one of the crimes included in this chapter [including rape, kidnapping and statutory rape] if a valid marriage is contracted between the offender and his victim. If a sentence has been passed in the case, the sentence against the convicted person shall be suspended. (2) If the marriage ends in the woman being divorced for no legitimate reason, the Public Prosecutor shall re-assume the right to prosecute the case and to execute the sentence within three years after the time the crime was committed in the case of a misdemeanor and five years in the case of a felony" (para...more
Sept. 14, 2016, 12:27 p.m.
Countries: Pakistan
Variables: LRW-LAW-3, DV-LAW-3

"(1) The competence of a person to testify, and the number of witnesses required in any case shall be determined in accordance with the injunctions of Islam as laid down in the Holy Quran and Sunnah. (2) Unless otherwise provided in any law relating to the enforcement of Hudood or any other special law, (a) in matters pertaining to financial or future obligations, if reduced to writing, the instrument shall be attested by two men, or one man and two women, so that one may remind the other, if necessary, and evidence shall be led accordingly; and (b) in all other matters, the Court may accept, or act on, the...more
Aug. 29, 2016, 10:29 a.m.
Countries: Zimbabwe
Variables: LRW-LAW-3, DV-LAW-3

A woman’s testimony is afforded equal weight to that of a man’s (246).
Aug. 29, 2016, 10:26 a.m.
Countries: Zambia
Variables: LRW-LAW-3, DV-LAW-3

A woman’s testimony is afforded equal weight to that of a man’s (244).
Aug. 29, 2016, 10:25 a.m.
Countries: Yemen
Variables: LRW-LAW-3, DV-LAW-3

A woman’s testimony is not afforded equal weight to that of a man’s (244).
Aug. 29, 2016, 10:23 a.m.
Countries: Palestine
Variables: LRW-LAW-3, DV-LAW-3

A woman’s testimony is not afforded equal weight to that of a man’s in West Bank and Gaza (242).
Aug. 23, 2016, 12:34 p.m.
Countries: East Timor
Variables: LRW-LAW-3

"They don’t consider the women’s feelings or views and never ask their opinions as victims or involve them in the decision-making process. The traditional leaders (men) of both parties make the decision to close the case through payment of a fine and force victims to accept the decision made by them...Women are not allowed to give their opinions or suggestions. Even though the reality shows that there is major discrimination against women through the traditional justice system, the State has no interest in creating laws and good policies to regulate the activities of the traditional justice in Timor Leste" (56).
Aug. 21, 2016, 11:20 a.m.
Countries: Vietnam
Variables: LRW-LAW-3, DV-LAW-3

A woman’s testimony is afforded equal weight to that of a man’s (242).
Aug. 21, 2016, 11:18 a.m.
Countries: Venezuela
Variables: LRW-LAW-3, DV-LAW-3

A woman’s testimony is afforded equal weight to that of a man’s (240).
Aug. 21, 2016, 11:16 a.m.
Countries: Uzbekistan
Variables: LRW-LAW-3, DV-LAW-3

A woman’s testimony is afforded equal weight to that of a man’s (240).