Latest items for LRCM-PRACTICE-1
March 8, 2023, 1:43 p.m.
Countries: Montenegro
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"[T]here was not a single reported case of marital rape qualified as a criminal offense. Prosecutors treated such cases as 'sexual harassment' in accordance with the Law on Protection from Domestic Violence" (12).
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"[T]here was not a single reported case of marital rape qualified as a criminal offense. Prosecutors treated such cases as 'sexual harassment' in accordance with the Law on Protection from Domestic Violence" (12).
Feb. 24, 2023, 12:54 p.m.
Countries: Nepal
Variables: LRCM-PRACTICE-1, LRCM-PRACTICE-2
"The continuous hearing provision of the District Court Rules, 1996, has been effectively implemented since 2013 to ensure speedy justice in cases of women victims and survivors of violence. Guidelines on in-camera hearing and maintaining confidentiality of the victims of violence has been formulated and the justice sector actors have been trained on effective implementation of such Guidelines. Similarly, case flow management, calendar based court proceedings, mobilization of specific task force for the enforcement of Supreme Court judgments are some strategic interventions of the judiciary to enhance the access to justice." (9). "Significant efforts to build national capacity to respond violence against women have been bringing encouraging results so far....more
Variables: LRCM-PRACTICE-1, LRCM-PRACTICE-2
"The continuous hearing provision of the District Court Rules, 1996, has been effectively implemented since 2013 to ensure speedy justice in cases of women victims and survivors of violence. Guidelines on in-camera hearing and maintaining confidentiality of the victims of violence has been formulated and the justice sector actors have been trained on effective implementation of such Guidelines. Similarly, case flow management, calendar based court proceedings, mobilization of specific task force for the enforcement of Supreme Court judgments are some strategic interventions of the judiciary to enhance the access to justice." (9). "Significant efforts to build national capacity to respond violence against women have been bringing encouraging results so far....more
Feb. 18, 2023, 10:44 a.m.
Countries: Bahamas
Variables: LRCM-PRACTICE-1
"A Supreme Court judge has ruled that though a woman who filed for divorce claimed she felt like a rape victim 'for an extensive period of time' when her spouse had sex with her, as it stands there can be no rape in marriage in The Bahamas" (Para.1). "The woman filed for divorce on the basis of cruelty in June 2021.The woman alleged her husband subjected her to emotional and mental abuse throughout the marriage by repeatedly having sex with her against her will and 'indicated she was afraid he would one day snap'. The husband denied the allegation, countering that he wanted the marriage dissolved because his wife had...more
Variables: LRCM-PRACTICE-1
"A Supreme Court judge has ruled that though a woman who filed for divorce claimed she felt like a rape victim 'for an extensive period of time' when her spouse had sex with her, as it stands there can be no rape in marriage in The Bahamas" (Para.1). "The woman filed for divorce on the basis of cruelty in June 2021.The woman alleged her husband subjected her to emotional and mental abuse throughout the marriage by repeatedly having sex with her against her will and 'indicated she was afraid he would one day snap'. The husband denied the allegation, countering that he wanted the marriage dissolved because his wife had...more
Feb. 18, 2023, 10:34 a.m.
Countries: Nepal
Variables: LRCM-PRACTICE-1
"It is not just the statute of limitations that needs to change, according to campaigners. The definition of rape in Nepal’s penal code only recognises a crime committed by a male against a female, and not against people of other genders. Nonconsensual sexual acts are not included within the definition of rape, and marital rape receives a lesser punishment" (Para.10).
Variables: LRCM-PRACTICE-1
"It is not just the statute of limitations that needs to change, according to campaigners. The definition of rape in Nepal’s penal code only recognises a crime committed by a male against a female, and not against people of other genders. Nonconsensual sexual acts are not included within the definition of rape, and marital rape receives a lesser punishment" (Para.10).
Feb. 6, 2023, 12:07 p.m.
Countries: Kyrgyzstan
Variables: LRCM-PRACTICE-1
"The Committee [on the Elimination of All Forms of Discrimination against Women] recommends that the State party…encourage reporting of gender-based violence to law enforcement bodies" (6). This indicates that there are taboos against reporting violence against women such as marital rape and sexual assault (AMC - CODER COMMENT).
Variables: LRCM-PRACTICE-1
"The Committee [on the Elimination of All Forms of Discrimination against Women] recommends that the State party…encourage reporting of gender-based violence to law enforcement bodies" (6). This indicates that there are taboos against reporting violence against women such as marital rape and sexual assault (AMC - CODER COMMENT).
Feb. 4, 2023, 6:14 p.m.
Countries: Namibia
Variables: LRCM-PRACTICE-1
Table 1 produced by the Office of the Judiciary breaksdown the quantity of magistrates and their respective courts along side the number of periodical courts throughout the country. There are approximately 34 magistrate courts with 89 magistrates controlling them with another 37 periodocial courts, but even with these numbers, the government of Namibia acknowledges that there has been no official survey into whether or not the large number of courts available actually lowers the barriers that women face when reporting crimes (11). "The state party enacted the Witness Protection Act 11 of 2017 in early 2018 to adequately protect witnesses who testify against persons accused of violence against women among...more
Variables: LRCM-PRACTICE-1
Table 1 produced by the Office of the Judiciary breaksdown the quantity of magistrates and their respective courts along side the number of periodical courts throughout the country. There are approximately 34 magistrate courts with 89 magistrates controlling them with another 37 periodocial courts, but even with these numbers, the government of Namibia acknowledges that there has been no official survey into whether or not the large number of courts available actually lowers the barriers that women face when reporting crimes (11). "The state party enacted the Witness Protection Act 11 of 2017 in early 2018 to adequately protect witnesses who testify against persons accused of violence against women among...more
Jan. 6, 2023, 5:48 p.m.
Countries: Iran
Variables: LRCM-PRACTICE-1
"Soheila Abadi, now 25, was hanged in prison after she was convicted of killing her husband over 'family disputes' according to the sentencing courts. Two other women executed on Wednesday were also convicted of murdering their husbands, Human Rights Watch said. Activists claim that most incidents of wives killing their husbands are sparked by domestic violence but the Iranian courts do not take this into account" (para 2-4). "Under Iranian law, the death penalty can be imposed for financial crimes, rape and armed robbery" (para 18).
Variables: LRCM-PRACTICE-1
"Soheila Abadi, now 25, was hanged in prison after she was convicted of killing her husband over 'family disputes' according to the sentencing courts. Two other women executed on Wednesday were also convicted of murdering their husbands, Human Rights Watch said. Activists claim that most incidents of wives killing their husbands are sparked by domestic violence but the Iranian courts do not take this into account" (para 2-4). "Under Iranian law, the death penalty can be imposed for financial crimes, rape and armed robbery" (para 18).
Dec. 26, 2022, 4:41 p.m.
Countries: Nigeria
Variables: LRCM-PRACTICE-1
"While many of the affected girls as young as age 4 got married to men old enough to be their grandfathers, others were forcefully raped by their new husbands and got pregnant before becoming teenagers" (para 5).
Variables: LRCM-PRACTICE-1
"While many of the affected girls as young as age 4 got married to men old enough to be their grandfathers, others were forcefully raped by their new husbands and got pregnant before becoming teenagers" (para 5).
Oct. 7, 2022, 4:17 p.m.
Countries: Portugal
Variables: LRCM-PRACTICE-1
"The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment for violations. The government generally enforced the law when the victim chose to press charges and if the cases were not settled out of court through mediation" (11).
Variables: LRCM-PRACTICE-1
"The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment for violations. The government generally enforced the law when the victim chose to press charges and if the cases were not settled out of court through mediation" (11).
July 1, 2022, 11:43 a.m.
Countries: East Timor
Variables: LRCM-PRACTICE-1
"Although marital rape or incest are not covered by specific provisions, family relationship – including de facto unions – is constituting of an aggravating factor in cases sexual aggression (art. 173 and art. 182 of the Penal Code), raising the minimum and maximum sentence incurred" (16). "Despite these provisions, the sexual violence reporting rate remains low and the prosecution of rape within marriage is nearly inexistent in practice83 mainly due to the absence of reporting by victims" (16).
Variables: LRCM-PRACTICE-1
"Although marital rape or incest are not covered by specific provisions, family relationship – including de facto unions – is constituting of an aggravating factor in cases sexual aggression (art. 173 and art. 182 of the Penal Code), raising the minimum and maximum sentence incurred" (16). "Despite these provisions, the sexual violence reporting rate remains low and the prosecution of rape within marriage is nearly inexistent in practice83 mainly due to the absence of reporting by victims" (16).
May 27, 2022, 11:45 a.m.
Countries: Serbia
Variables: LRW-PRACTICE-1, LRCM-PRACTICE-1
"Rape of men and women, including spousal rape, is punishable by up to 40 years in prison. The government did not enforce the law effectively" (25).
Variables: LRW-PRACTICE-1, LRCM-PRACTICE-1
"Rape of men and women, including spousal rape, is punishable by up to 40 years in prison. The government did not enforce the law effectively" (25).
March 28, 2022, 8:57 p.m.
Countries: Latvia
Variables: LRCM-PRACTICE-1
"Because the Ministry of Justice does not distinguish between spousal rape and nonspousal rape cases, whether any spousal rape case has been prosecuted was hard to determine" (12).
Variables: LRCM-PRACTICE-1
"Because the Ministry of Justice does not distinguish between spousal rape and nonspousal rape cases, whether any spousal rape case has been prosecuted was hard to determine" (12).
Feb. 11, 2022, 5 p.m.
Countries: Thailand
Variables: LRCM-PRACTICE-1
"The law permits authorities to prosecute spousal rape, and prosecutions occurred" (31).
Variables: LRCM-PRACTICE-1
"The law permits authorities to prosecute spousal rape, and prosecutions occurred" (31).
Jan. 21, 2022, 9:22 p.m.
Countries: Mauritania
Variables: LRCM-PRACTICE-1
"Rape, including spousal rape, is illegal. Rapists who are single men face penalties of imprisonment, forced labor, and whipping, and married rapists are subject to the death penalty, although this penalty has not been enforced since 1987. The government regularly enforced the law; 50 persons were charged and about one-half of them were sentenced to between five to 10 years’ imprisonment" (15).
Variables: LRCM-PRACTICE-1
"Rape, including spousal rape, is illegal. Rapists who are single men face penalties of imprisonment, forced labor, and whipping, and married rapists are subject to the death penalty, although this penalty has not been enforced since 1987. The government regularly enforced the law; 50 persons were charged and about one-half of them were sentenced to between five to 10 years’ imprisonment" (15).
Jan. 15, 2022, 6:54 p.m.
Countries: Croatia
Variables: LRCM-PRACTICE-1
"The law criminalizes the rape of men or women, including spousal rape and domestic violence. The law was in most cases effectively enforced" (13).
Variables: LRCM-PRACTICE-1
"The law criminalizes the rape of men or women, including spousal rape and domestic violence. The law was in most cases effectively enforced" (13).
Jan. 14, 2022, 10:50 a.m.
Countries: Belize
Variables: LRCM-PRACTICE-1, DV-LAW-2
"Domestic violence was often prosecuted with charges such as harm, wounding, grievous harm, rape, and marital rape, but allegations of domestic violence were treated as civil matters. Police, prosecutors, and judges recognized both physical violence and mental injury as evidence of domestic violence. Penalties include fines or imprisonment for violations. The law empowers the Family Court to issue protection orders against accused offenders" (11).
Variables: LRCM-PRACTICE-1, DV-LAW-2
"Domestic violence was often prosecuted with charges such as harm, wounding, grievous harm, rape, and marital rape, but allegations of domestic violence were treated as civil matters. Police, prosecutors, and judges recognized both physical violence and mental injury as evidence of domestic violence. Penalties include fines or imprisonment for violations. The law empowers the Family Court to issue protection orders against accused offenders" (11).
Jan. 11, 2022, 12:20 p.m.
Countries: Japan
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"The law criminalizes various forms of rape, regardless of the gender of a victim. The law also criminalizes custodial rape of a minor younger than age 18. The law does not deny the possibility of spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown (i.e., formal or informal separation, etc.). The law mandates a minimum sentence of five years in prison for rape convictions. Prosecutors must prove that violence or intimidation was involved or that the victim was incapable of resistance..." (16).
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"The law criminalizes various forms of rape, regardless of the gender of a victim. The law also criminalizes custodial rape of a minor younger than age 18. The law does not deny the possibility of spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown (i.e., formal or informal separation, etc.). The law mandates a minimum sentence of five years in prison for rape convictions. Prosecutors must prove that violence or intimidation was involved or that the victim was incapable of resistance..." (16).
Jan. 6, 2022, 2:46 p.m.
Countries: Somalia
Variables: LRCM-PRACTICE-1
"While the sexual offenses law was passed in Puntland, 'the cases of rape have appear to spike.' Clearly showing no enforcement. According to Mohamed, 'the lesson from the sad story of Puntland’s Sexual Offenses Act is that while formal laws can be vital in influencing attitudes, attitudes and behavior also influence how a law is enforced.' The passage of the law was a great start. But what the past year has made clear is that we also need to start changing attitudes in Puntland and the region more broadly, or else these much celebrated legal advances for women will be rendered meaningless" (para 3, 14).
Variables: LRCM-PRACTICE-1
"While the sexual offenses law was passed in Puntland, 'the cases of rape have appear to spike.' Clearly showing no enforcement. According to Mohamed, 'the lesson from the sad story of Puntland’s Sexual Offenses Act is that while formal laws can be vital in influencing attitudes, attitudes and behavior also influence how a law is enforced.' The passage of the law was a great start. But what the past year has made clear is that we also need to start changing attitudes in Puntland and the region more broadly, or else these much celebrated legal advances for women will be rendered meaningless" (para 3, 14).
Jan. 4, 2022, 11:45 p.m.
Countries: Australia
Variables: LRW-PRACTICE-1, LRCM-PRACTICE-1
"The law criminalizes rape, including spousal rape, and the government enforced the law effectively" (11).
Variables: LRW-PRACTICE-1, LRCM-PRACTICE-1
"The law criminalizes rape, including spousal rape, and the government enforced the law effectively" (11).
Dec. 10, 2021, 5:27 p.m.
Countries: Russia
Variables: LRCM-PRACTICE-1
"According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases" (53).
Variables: LRCM-PRACTICE-1
"According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases" (53).
Nov. 10, 2021, 10:14 p.m.
Countries: Cuba
Variables: LRCM-PRACTICE-1
"The law specifically criminalizes rape of women, including spousal rape... The government often enforced both laws" (27).
Variables: LRCM-PRACTICE-1
"The law specifically criminalizes rape of women, including spousal rape... The government often enforced both laws" (27).
Nov. 9, 2021, 11:34 a.m.
Countries: Turkey
Variables: LRCM-PRACTICE-1
"The government did not effectively or fully enforce these laws or protect victims. For example, in May human rights lawyer Muzeyyen Boylu Issi was shot and killed by her husband in front of their children, after having survived two previous attempts on her life and filing for divorce and a protection order. As of November the husband, Mesut Issi, was in prison pending trial" (52).
Variables: LRCM-PRACTICE-1
"The government did not effectively or fully enforce these laws or protect victims. For example, in May human rights lawyer Muzeyyen Boylu Issi was shot and killed by her husband in front of their children, after having survived two previous attempts on her life and filing for divorce and a protection order. As of November the husband, Mesut Issi, was in prison pending trial" (52).
Nov. 4, 2021, 7:05 p.m.
Countries: Luxembourg
Variables: LRW-LAW-2, LRCM-PRACTICE-1, LRCM-LAW-2
"The law prohibits rape, including spousal rape, and the government enforced the law effectively. Penalties for violations range from five to 10 years’ imprisonment. The law prohibits domestic violence, and the government effectively enforced the law. The law is gender neutral and provides for the removal of abusers from their residences for a 14-day period that can be extended once for an additional three months upon request of the victim. Penalties may include fines and imprisonment. Police are required to investigate if an NGO reports having been approached by an individual for assistance in cases involving domestic abuse" (8-9).
Variables: LRW-LAW-2, LRCM-PRACTICE-1, LRCM-LAW-2
"The law prohibits rape, including spousal rape, and the government enforced the law effectively. Penalties for violations range from five to 10 years’ imprisonment. The law prohibits domestic violence, and the government effectively enforced the law. The law is gender neutral and provides for the removal of abusers from their residences for a 14-day period that can be extended once for an additional three months upon request of the victim. Penalties may include fines and imprisonment. Police are required to investigate if an NGO reports having been approached by an individual for assistance in cases involving domestic abuse" (8-9).
Oct. 18, 2021, 6:06 p.m.
Countries: France
Variables: LRCM-PRACTICE-1
"The law criminalizes rape of men or women, including spousal rape, and the government generally enforced the law effectively" (18).
Variables: LRCM-PRACTICE-1
"The law criminalizes rape of men or women, including spousal rape, and the government generally enforced the law effectively" (18).
Sept. 8, 2021, 6:39 p.m.
Countries: Ireland
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"The law criminalizes rape, including spousal rape, and the government enforced the law. Most persons convicted received prison sentences of five to 12 years. The law also criminalizes domestic violence. It authorizes prosecution of a violent family member and provides victims with 'safety orders,' which prohibit the offender from engaging in violent actions or threats, and “barring orders” (restraining orders), which prohibit an offender from entering the family home for up to three years. Anyone found guilty of violating a barring or an interim protection order may receive a fine of up to 4,000 euros ($4,400), a prison sentence of 12 months, or both. In January the government began enforcing...more
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"The law criminalizes rape, including spousal rape, and the government enforced the law. Most persons convicted received prison sentences of five to 12 years. The law also criminalizes domestic violence. It authorizes prosecution of a violent family member and provides victims with 'safety orders,' which prohibit the offender from engaging in violent actions or threats, and “barring orders” (restraining orders), which prohibit an offender from entering the family home for up to three years. Anyone found guilty of violating a barring or an interim protection order may receive a fine of up to 4,000 euros ($4,400), a prison sentence of 12 months, or both. In January the government began enforcing...more
Aug. 31, 2021, 6:27 p.m.
Countries: Albania
Variables: LRW-PRACTICE-1, LRCM-PRACTICE-1
"The law includes provisions on sexual assault and criminalizes spousal rape. The government did not enforce the law effectively, and authorities did not prosecute spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime" (p 17).
Variables: LRW-PRACTICE-1, LRCM-PRACTICE-1
"The law includes provisions on sexual assault and criminalizes spousal rape. The government did not enforce the law effectively, and authorities did not prosecute spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime" (p 17).
Aug. 20, 2021, 1:37 p.m.
Countries: Cambodia
Variables: LRCM-PRACTICE-1
"Charges for spousal rape under the penal code or domestic violence law were rare" (21).
Variables: LRCM-PRACTICE-1
"Charges for spousal rape under the penal code or domestic violence law were rare" (21).
Aug. 17, 2021, 2:50 p.m.
Countries: Sierra Leone
Variables: LRCM-PRACTICE-1
"The law specifically prohibits spousal rape. Indictments were rare, especially in rural areas" (p 17).
Variables: LRCM-PRACTICE-1
"The law specifically prohibits spousal rape. Indictments were rare, especially in rural areas" (p 17).
Aug. 6, 2021, 4:21 p.m.
Countries: Niger
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"The law does not explicitly recognize spousal rape, and authorities seldom prosecuted it. Victims often sought to deal with the rape within the family or were pressured to do so, and many victims did not report spousal rape due to fear of retribution, including loss of economic support" (p 15).
Variables: LRCM-PRACTICE-1, LRCM-LAW-2
"The law does not explicitly recognize spousal rape, and authorities seldom prosecuted it. Victims often sought to deal with the rape within the family or were pressured to do so, and many victims did not report spousal rape due to fear of retribution, including loss of economic support" (p 15).
July 23, 2021, 2:27 p.m.
Countries: Macedonia
Variables: LRW-PRACTICE-1, LRW-LAW-2, LRCM-PRACTICE-1, LRCM-LAW-2
"Rape, including spousal rape, is illegal. The penalties for rape range from one to 15 years’ imprisonment, but those laws were poorly enforced" (P 26).
Variables: LRW-PRACTICE-1, LRW-LAW-2, LRCM-PRACTICE-1, LRCM-LAW-2
"Rape, including spousal rape, is illegal. The penalties for rape range from one to 15 years’ imprisonment, but those laws were poorly enforced" (P 26).