Sexual violence is any harmful or unwanted sexual act, an attempt to obtain a sexual act through violence or coercion, or an act directed against a person's sexuality without their consent, by any individual regardless of their relationship to the victim. This includes forced engagement in sexual acts, attempted or completed, and may be physical, psychological, or verbal. It occurs in times of peace and armed conflict situations, is widespread, and is considered to be one of the most traumatic, pervasive, and most common human rights violations.
Sexual violence is a serious public health problem and has profound short- and long-term physical and mental health impacts such as increased risks of sexual and reproductive health problems, suicide, and HIV infection. Murder occurring either during a sexual assault or as a result of an honor killing in response to a sexual assault is also a factor of sexual violence. Though women and girls suffer disproportionately from these aspects, Often, people who coerce their spouses into sexual acts believe their actions are legitimate because they are married. In times of conflict, sexual violence tends to be an inevitable repercussion of warfare trapped in an ongoing cycle of impunity. Rape of women and of men is often used as a method of warfare (war rape), as a form of attack on the enemy, typifying the conquest and degradation of its women or men or captured male or female fighters. Even if strongly prohibited by international human rights law, customary law and international humanitarian law, enforcement mechanisms are still fragile or even non-existent in many corners of the world.
From a historical perspective, sexual violence was considered as only being perpetrated by men against women and as being commonplace and "normal" during both war and peace times from the Ancient Greeks to the 20th century. This led to the negligence of any indications of what the methods, aims and magnitude of such violence was. It took until the end of the 20th century for sexual violence to no longer be considered a minor issue and to gradually become criminalized. Sexual violence is still used in modern warfare as recently as in the Rwandan genocide and in the Gaza war, targeting both Israelis and Palestinians.
Definitions
General
The World Health Organization (WHO) in its 2002 World Report on Violence and Health defined sexual violence as: "any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person's sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work".
Coercion, with regard to sexual violence, can cover a whole spectrum of degrees of force. Apart from physical force, it may involve psychological intimidation, blackmail or other threats – for instance, the threat of physical harm, of being dismissed from a job or of not obtaining a job that is sought. It may also occur when the person being attacked is unable to give consent – for instance, while drunk, drugged, asleep or mentally incapable of understanding the situation.
Such broader definitions of sexual violence are found within international law. The Rome Statute of the International Criminal Court (ICC) has established in article 7(1)(g) that "rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity" constitutes a crime against humanity. Sexual violence is further explained in the ICC's Elements of Crimes, which the Court uses in its interpretation and application of Article 7. The Elements of Crime establishes that sexual violence is: