Legal analysis on the crime of rape under ICTR jurisdiction

7. Subdivision of the work

This dissertation is divided into three chapters. First chapter deals with general overview of the crime of rape and related crimes from which we define rape according to different sources and other terms related to the work. In Second chapter we tried to analyze different cases adjudicated in ICTR basing on the prosecution of the crime of rape and sexual violence. Third chapter deals with legal mechanisms for handling rape cases and related sexual violence. And this work is ended by general conclusion and suggestions.

CHAPTER I: GENERAL OVERVIEW OF THE CRIME OF RAPE AND RELATED CRIMES

This chapter deals with definitions of legal terms related to rape by different international tribunals and courts.

I.1. General Notion of rape and sexual violence

Unfortunately, rape and sexual violence can come in many forms. In order to better understand the wide range of personal violence that can occur we have included definitions of different types of rape and sexual violence, as well as other kinds of violence that often arise hand-in-hand with sexual violence.

I.1.1.Definition of rape

Rape is an act of violence and domination and anger. It uses sexual acts including penetration as weapons. Rape is a subject which most people find uncomfortable. For women it conjures up all kinds of images.^3(*)

I.1.2. Different categories of rape

There are several types of rape. It is a violent crime involving sexual acts forced on one person by another. Rape is technically defined as forced penetration with any body part or object including anal, vaginal or oral intercourse. The forms of rape may be specified based on who is committing the rape, which the rape victim is and the specific actions involved in the rape. Some types of rape are considered much more severe than others. For example any type of rape resulting in someone's death.

a) Diminished capacity rape

The type of rape known as diminished capacity rape is committed when one person forces sexual penetration on other person who cannot consent to the sex act. People with diminished capacity can't consent to sexual acts due to limited physical or intellectual ability. An example would be a person with an intellectual disability. Diminished capacity, takes places when a person has no ability to consent, to sexual acts due to intoxication.^4(*)

b) Incest

It is a kind of rape dictated by relationship between the two parties. When the two parties involved in sexual act are closely related. Examples of incest include: parent and children, uncles and aunts with their nieces or nephews.^5(*)

c) Partner rape

It is known as spousal rape or marital rape, is a type of rape involving a person's partner or previous partner. There are three types of partner rape;

Battering rape: this type of rape involving both physical and sexual violence

Force - only rape: It involves the imposition of power and control over another.

Obsessive or sadistic rape: it involves torture and perverse sexual acts.^5(*)

d) Acquaintance rape

This type of rape happens between two people that know each other. Often acquaintance rape is known as date rape as the two people involved may be in a social relationship at the time. Some victims don't recognize acquaintance rape as rape but it's important to remember that consent for sexual activity can be revoked at any time and a prior relationship does not mean that rape cannot occur. ^6(*)

e) Aggravated rape

Aggravated rape is a type of rape defined in law; it involves forced sex acts by threat of death or serious bodily injury, forced sex acts involving an unconscious or drugged victim, sex acts with children under the age of 12. Rape can occur in many other ways as well, including by strangers or in conjunction to a hate crime. However, it's critical to remember that whatever form of rape occurs; it is always the fault of the rapist and never the fault of the victim. ^7(*)

* ³ M. Karagiannakis, `The Definition of Rape and Its Characterization as an Act of Genocide', Leiden Journal of International Law 1999, Vol. 12, nr. 2, p. 488.

* ⁴ X, «Categories of rape and sexual violence» available at http://www.familycrisiscenters.org/site accessed on 20/12/2012

⁵ Ibidem.

*

* ⁵ Ibidem.

* ⁶ X, The nation's largest anti-sexual violence organization. Available at http://www.rainn.org/get-information/types-of-sexual-assault/acquaintance-rape accessed on 10/01/2013.

* ⁷ William D., «The lawyers who make house calls»