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Forum: Issue:

Special Committee on Crime and Punishment Supporting Women and other Victims of Sexual Crime in their Reintegration into Civil Society.

Student Officer: Mary Valerie Position: Deputy President of the Special Committee on Crime and Punishment

Introduction
Sexual crime usually happens behind closed doors. Therefore, crimes like these usually pass without punishment or confession from the perpetrator. This is a global issue, as it is already happening in many countries especially in more conflicted areas and is surprisingly happening within more developed countries as well. Sexual crime is a violation of many human rights standards. The targets of these crimes are usually the vulnerable members of society such as women and children of both sexes. One of the reasons sexual crime may go unreported is the stained reputation it brings to the victim in general society which leads to reluctance to report the issue. As a result of these crimes, victims are usually shunned from their communities and sometimes even their families. The unreported crimes then make it difficult for organisations such as the United Nations to gather data and address the issue. Therefore, many victims receive no justice or even medical attention specific to their needs. Sexual crimes are also considered a threat to public health due to the implications it brings to the victims and the overall community. As most of these sexual crimes are done without the use of protection, it increases the spread of HIV/AIDS which itself is another global issue. There is also significant psychological and physiological harm done to the victim which demands sufficient medical attention. To be able to efficiently aid the sexual victims into reintegrating into society, there should be an increase in aid agencies, especially in conflicted areas as this is where sexual assault are the most prevalent, increasing the availability and viability of hospitals which offer medical and psychological help to the victims, and educating the public of the consequences of unprotected sex, should be implemented.

Definition of Key Terms

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Child maltreatment Child maltreatment is abuse and neglect of child under the age of 18. This includes all forms of physical and emotional ill treatment and sexual abuse. Maltreatment is detrimental to the health of the child and puts the likelihood of its successful reintegration to society at risk. According to the World Health Organization, approximately 20% of women and 510% of men report being sexually abused as children, while 2550% of all children report being physically abused. Civil society This refers to the collective sum of the numerous nongovernmental organizations that together establish a part of society. Civil society is independent from both the political structures and systems of the government and the economic institutions of the market. It is usually composed of various voluntary social and charitable groups, religious and cultural bodies, community groups, and many other organizations that revolve around shared interests, cultures or values. Characteristically, these remain predominantly nonprofit groups that exist for the purpose of social, cultural and religious enhancement. The reintegration of women and other victims of sexual crime into this network is an important task. Gender based violence: Also known as Violence Against Women. According to the United Nations Convention on the Elimination of All forms of Discrimination Against women (CEDAW), the term Gender Based Violence is used when violence is aimed at an individual or a group on the basis of their gender. This also includes any acts which can result to physical, sexual or psychological harm. Violence can take form of the following: rape, sexual assault, female circumcision, sexual slavery, mutilation, forced impregnation, and murder. Sexual crime This refers to an act of sexual nature that is regarded as either sexual abuse, or inappropriate behavior which violates laws and social standards. Both the definition of what constitutes a sex crime and severity of the law in dealing with sex crimes are subject to considerable variation depending upon the given jurisdiction. Broadly speaking, established legislation in a majority of countries intervenes in cases of nonconsensual sexual activity (including various forms of rape as well as activity involving young or adolescent children that are below the age of consent), social taboos like incest (sex with close family members as well as any sexual act which places unwanted fear and injury upon a person. Though sex crimes are not gender specific, women (especially in certain societies) bear a much higher risk of sexual exploitation.

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Background Information
Historical context and changes Sex related crimes have been a pressing and largely under exposed issue since the rape of noblewoman Lucretia during the time of the Roman Monarchy. Historically speaking, sexual abuses like rape against women have not always been viewed as an assault or violation of the rights of a woman, but rather a property crime against the womans husband or father. This was especially the case when a womans virginity was lost in the process, as this would have been seen as a serious ruination of both the womans reputation and value as a prospective bride, the offender usually had to recompense either financially or through marriage. In modern times, the perception and treatment of sexual crimes against women have changed considerably, largely due to the inception of feminist and womens rights groups as well as the growing influence of mass media which accurately characterizes rape as a crime of power and control rather than merely of sex. The previously sexist stereotype which often resulted in the female victim being tried for her potentially inappropriate behavior as opposed to the defendant has now been overturned. Another aspect of rape that has evolved is its gender bias; the notion that rape is always perpetrated by men but never occurs to them, although this is predominantly the case. Sexual assault: An invisible war crime At the beginning of the Sierra Leone decade long civil war, a 19year old woman crossed paths with a group of 10 rebels. She stated that the Commander, Mosquito, was the first person who raped me," Then she added, "He ordered his men to continue the act. Nine other men continued to rape me. . . After misusing me to their satisfaction, the rebels left me alone in a very hopeless condition. . . . This story echoes the stories of hundreds of other woman and girls who all shared the same mistreatment during and after the war. In Sierra Leone, as also the case in many other countries, women and other victims of sexual assault are confronted with social taboos when they publicly speak out loud of their experiences. They are stigmatized by their communities, which causes a reluctance to report the crimes committed. This leads to a limited amount of information available to the United Nations and other organizations aiming to combat sexual crimes. Lack of access to justice, medical services, and counseling Amnesty International revealed in a news report, that despite the increase of rapes happening within the Cambodian borders, there is still a lack of these facilities available to rape victims. Corruption and discrimination ruled as major contributing factors to preventing victims from receiving justice and assistance. Amnesty added that woman and other sexual victims that lived in poverty faced additional hardships as they dont hold the financial means to bribe authorities. In addition of, they cant afford medical care and other legal services.
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Effects of sexual assaults The effects that the sexual assaults bring to the victims can take form of physical, social and psychological harm. As every person is different, the response time of the victim to recover differs from one person to the next; as well a whether they have the medical and social support to around them that will aid in attaining recovery. Psychological and physical aftermath There are many mental health and behavioral problems that becomes a product of sexual violence. In one population based study, the prevalence of symptoms or signs suggestive of a psychiatric disorder was 33% in women with a history of sexual abuse as adults, 15% in women with a history of physical violence by an intimate partner and 6% in non abused women (From WHO). Abused women are more significantly at a greater risk of depression, posttraumatic stress disorder, than non abused women. The history of depression and alcohol abuse will also be a lot more intense comparing to the non-abused. Behavioral problems involve aggressiveness, theft and truancy. Without the presence of trauma counseling, negative psychological effects is known to exist for at least a year, while physical symptoms caused by the sexual assault will continue to decline. Physical aftermath includes vaginal bleeding or infection, fibroids, decreased sexual desire, genital irritation, chronic pelvic pain, urinary infections, and pain during intercourse. But because most of these crimes go unreported, the victims refuse to go to hospitals to attain proper treatment. Unwanted Pregnancies Around the world, up to one third of woman report their first sexual experience as forced. Most of these assaults are usually done without the use of protection; this has therefore resulted to a rising numbers of unwanted pregnancies. A US study shows that after following over 4,000 women for three years the results showed a 5% rape related pregnancy rate among women aged 12-45 years; pregnancies reported as a result of sexual assault by rape victims in Mexico and Ethiopia affected 15-18% and 17% of women, respectively. Appropriate medical care and support groups would be beneficial to aid woman who are going through this as a result of sexual assault. Rejection from society In many cultural settings, it said that men are unable to suppress their sexual urges and that women provoke these sexual desires to come about in the first place. The reaction of surrounding family and community members mostly lie on their prevailing ideas on the sexuality and the status women hold in society.
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In some societies, the solution to rape is that the woman marries the rapist as to save the victims dignity and to legitimize the union. Therefore, there are laws within these countries that excuses the crimes committed by the man if they marry the victim. Furthermore, there is a particular feeling of shame, fear of rejection and fear of being stigmatized by society that goes along with the sexual assault; this prevents victims from publicly speaking about their experience. Spread of HIV/AIDS and other diseases Especially in areas where there is armed conflict, women and girls are at a higher risk of physical and sexual assault. HIV/AIDS and other sexually transmitted diseases are known to be the consequences of this sexual assault. Research conducted by the World Health Organization shows that women who have experienced both sexual and physical abuses are more susceptible to sexually transmitted diseases. According to a WHO study: In Rwanda, the HIV prevalence rate in rural areas dramatically increased from 1% before the start of the conflict in 1994 to 11% in 1997. In one survey, of the women who survived the genocide, 17% were found to be HIV positive. A few ways to combat the increase of sexually transmitted disease is to properly educate the public of the consequences of unprotected sex, offer medical institutions that offers birth control and family planning as well as the medical supplies needed to treat those already affected. Sexual exploitation from Human Trafficking activities Human trafficking, which violates many human rights, has been an ongoing global issue for a couple of decades. It is most prevalent in the Asian Pacific region, more specifically, Thailand and Philippines, where 1.4 million of the 2.5 million people being forced for labor (including sexual exploitation) are from. Many of these workers were sexually assaulted into the sex industry. These workers were vulnerable to human trafficking activities due to their financial instability status and the need to feed their families. Thus, to widespread of this global issue, countries should monitor their borders more efficiently with emphasis on their immigration services. More employment services or educational services may decrease the vulnerability of these workers and thus, decrease the amount of people being trafficked.

Major Countries and Organisations Involved

Democratic Republic of the Congo The DRC is notorious for the widespread phenomenon of sexual violence. The prevalence of rape there has been described as the worst in the world. War Rape is especially prominent, and used as an effective means for genocide. An investigation by the United Nations determined that more than 45
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women were victims of sexual violence, including rape, in the DRC villages in North Kivu on New Year's Eve. South Africa South Africas sexual crimes and violence rate is one of the most dire in the world and it suffers from the most rape per capita according to a survey. This occurs primarily due to two popular misconceptions. Firstly, it is widely believed that having sex with a virgin can cure a man of AIDS, and as a result South Africa has one of the highest instances of child and baby rape in the world. Secondly, it is believed that raping lesbians will convert them to heterosexuality. This is referred to as corrective rape. Sierra Leone Samuel Harbor, UNDP Deputy Country Director said, inequalities between men and women (in Sierra Leone) are some of the worst in the world with Sierra Leone at the bottom of the UNDP Human Development index and ranking 180th out of 182 countries for overall human development in 2009. Additionally, according to the latest SGBV figures for Sierra Leone, out of 927 sexual abuse cases reported in Sierra Leone in 2009, there were no convictions. Bosnia More than 20,000 Muslim girls and women have been raped in Bosnia since fighting began in April 1992, according to a European Community fact-finding team. The report also says that impregnated girls have been forced to bear 'the enemy's' child. United States of America Rape is a vastly under reported crime in the USA with only 16% of rapes and sexual assaults being reported to the police. Drug and alcohol use are frequently involved in rape, with both the perpetrator and victim drinking 47% of the time. However, the USA is also one of the more efficient countries in effectively dealing with the aftermath of rape, with social, medical and legal assistance often readily provided with full insurance. Every state in the USA has at least one antisexual assault organization, with most having numerous. Rape, Abuse & Incest National Network (RAINN) This is the largest anti-sexual assault organization in the USA. It was founded in 1994 and frequently carries out programs to prevent sexual abuse, rehabilitate victims and bring perpetrators of rape to justice. They provide rape victims with a 24Hour, toll free hotline to the nearest RAINN affiliated rape crisis center, along with free counseling which is kept confidential for the benefit of the victim. The counseling may be beneficial as it offers emotional support and advises on reintegrating the victim back to society, through recommendation of employment services or support groups. Coalition Against Trafficking in Women International (CATW)
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This is a nongovernmental organization that strongly opposes prostitution and human trafficking, among other forms of commercial sex revolving around women. CATW has a characteristically radical feminist point of view, and unlike other anti-trafficking organizations like Global Alliance Against Traffic in Women (GAATW) it doesnt see a distinction between forced and voluntary prostitution.

Timeline of Events
Date September 4-15, 1995 Description of event The Fourth World Conference on Women: Action for Equality, Development and Peace held in Beijing, China.

June 5-9, 2000

23rd special session of the General Assembly on Women 2000: gender equality, development and peace for the twenty-first century.

December 2001

Second World Congress Against Commercial sexual Exploitation of Children

March 2005 September 14-16, 2005 November 25-28, 2008

49th Session of the Commission of the Status of Women 2005 World Summit Third World Congress against the Sexual Exploitation of Children and Adolescents

March 2010

54th Session of the Commission of the Status of Women in Beijing (15th Anniversary of the Fourth World Conference)

Relevant UN Treaties and Events

Women and Peach and Security, 31 October 2000 (S/RES/1325) Children and Armed Conflict, 26 July 2005 (S/RES/1612) Protection of Civilians in Armed Conflict, 28 April 2006 (S/RES/1674) Women and Peace and Security, 19 June 2008 (S/RES/1820)

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The UN Economic and Social Council established a commission (CSW) improving the status of women. It is to ensure that women have equality in the fields of politics, economics, social and education. The CSW organizes conferences around the world to provide a forum in which these issues can be discussed. The 4th conference was held in Beijing, China where they identified 12 barriers that hinders improvement on the rights of a woman. Of these 12 issues, a few of them are: poverty, inequality of education opportunities, Violence against women, and vulnerability in armed conflict. A conference in Stockholm, Sweden in 1995 attended by government and NGO representatives called the World Congress Against Commercial Sexual Exploitation of Children, aimed to combat sexual exploitation. One of the solutions was to criminalize sexual exploitation, penalizing offenders and strengthening the roles of the families in providing security for their children.

Previous Attempts to solve the Issue

In order to prevent the inevitable sexual violence and War Rape associated with any armed conflict, the Fourth Geneva Convention of 1949 recognized it as a war crime and accordingly prohibited it. Apart from there, there were two additional Protocols in 1977 which further reinforced the need to prevent War Rape, along with Statute of the International Criminal Court. While these were important legislative measures necessary to bring about the end of sexual violence, they have not proven to be entirely effective. This was largely due to the fact that the law was not always properly regulated by respective states; which bear the responsibility to ensure that sexual violence does not thrive. As a result, many perpetrators commit rape and other sexual crimes knowing that they will probably not be prosecuted by the state. The International Committee of the Red Cross (ICRC) has trained armed groups in international humanitarian law, emphasizing the prohibition of rape and other forms of sexual violence. Apart from this, it also set up programs to help victims of rape and sexual assault becoming rehabilitated, as well as numerous counseling centers, especially in the Democratic Republic of the Congo where it is probably the most essential. As a result of this, victims of sexual assault can meet with trained professionals and receive psychosocial support and also be exposed to medical facilities, both of which would help them recover. This is incredibly important, but is only being done on a small scale in a select few countries that have been ravaged by war, therefore, there are still thousands of women and children that are in need of counseling that cant be reached. In Columbia, the ICRC refers displaced women that are in risk of sexual violence from armed groups to an organization called Profamilia which provides health care, psychosocial support and legal advice. The Inter Agency Standing Committee (IASC) have established Guidelines for Gender Based Violence Intervention in Humanitarian emergencies which is used by numerous UN organizations as well as NGOs in order to effectively reduce the damage caused by sexual violence by responding to it. One
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particular organization that works almost exclusively to prevent sexual violence against women is UNIFEM; which takes initiatives to achieve gender equality in order to prevent female exploitation. It has also put forward the Say NO to Violence against Women initiative which received more than 5 million signatures through social mobilization, demonstrating to the Secretary General the public support for making ending violence against women a top priority for all governments. Furthermore, UNIFEM conducted a workshop on human rights violations specific to gender in 2003. Leading on from this, they have set up referral centers in various countries, such as Afghanistan where domestic sexual abuse is highly prominent. UNIFEM assures that these referral centers are always staffed entirely by women, in order to efficiently and sensitively deal with the victims.

Possible Solutions
As previously mentioned, the problem of sexual crimes committed against women has historically been abundant and but the aftermath has been difficult to deal with due to the limited access of reports available. One of the most essential methods is to increase the prominence of aid agencies in countries where sexual violence is a particularly serious issue, such as the DRC. This is because women are generally attacked when they are away from their villages collecting water or firewood. If such resources were provided for more often by these aid agencies, the immediately limit a womans exposure to potentially being attacked. The only other possible solution lies in strengthening the resources to deal with sexual violence, be it staff or facilities. For example, the construction of social facilities such as; hospitals and psychosocial aid centers at easily accessible locations as well as professionally trained staff to operate these are highly necessary in order to bring about both physical and mental recovery for the victims of sexual violence. But finally, the most important and difficult change to bring about is perhaps a change in the mindset and attitudes of people. This takes two important forms. First and foremost, to change the perspectives of potential sexual criminals that believe that rape and sexual assault is an acceptable form of behavior that will be condoned by their respective states. This can only be achieved through the strictest implementation of the law so that the perpetrators are brought to justice. Secondly, the attitudes of society towards rape must be taken into consideration. Only by involving the community in dialogue is it possible to break the misinformed and ignorant negative stigmas that are associated with rape, and rise over the prejudices that prevent us from progressing as a society.

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Bibliography
Ward, Jeanne, and Mendy Marsh. "Realities, Responses, and Required Resources." UNFPA United Nations Population Fund. 21 July 2006. Web. 05 Sept. 2011. http://www.unfpa.org/emergencies/symposium06/docs/finalbrusselsbriefingpaper.pdf "WHO | Violence against Women." World Health Organization. Sept. 2011. Web. 05 Sept. 2011. http://www.who.int/mediacentre/factsheets/fs239/en// Ben-Ari, Nirit, and Ernest Harsch. "Sierra Leone War Crimes: Women Speak out against Sexual Violence." Welcome to the United Nations: It's Your World. United Nations, Jan. 2005. Web. 05 Sept. 2011. http://www.un.org/ecosocdev/geninfo/afrec/vol18no4/184sierraleone.htm "Rape Victims Worldwide Denied Justice and Dignity | Amnesty International." Amnesty International | Working to Protect Human Rights. 8 Mar. 2010. Web. 05 Sept. 2011. http://www.amnesty.org/en/news-and-updates/report/rape-victims-worldwide-deniedjustice-and-dignity-2010-03-08 "Sexual Violence." World Health Organization. Web. 05 Sept. 2011. http://www.who.int/violence_injury_prevention/violence/global_campaign/en/chap6.pdf "Femmes Africa Solidarit(FAS) | Terms." Femmes Africa Solidarit(FAS) | Home - FAS. Web. 05 Sept. 2011. http://www.fasngo.org/terms.html "Human Trafficking: The Facts." United Nations Global Compact. Web. 05 Sept. 2011. http://www.unglobalcompact.org/docs/issues_doc/labour/Forced_labour/HUMAN_TRAFF ICKING_-_THE_FACTS_-_final.pdf "Sierra Leone: Sexual Violence Remains Unpunished." Home | United Nations Development Programme. 10 Feb. 2010. Web. 05 Sept. 2011. http://content.undp.org/go/newsroom/2010/february/sierra-leonesexual-violence-carryingon-with-impunity.en Wakabi, Wairagala. "Sexual Violence Increasing in Democratic Republic of Congo." TheLancet.com - Home Page. 5 Jan. 2008. Web. 05 Sept. 2011. http://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2808%29600513/fulltext "Sexual Violence as a Weapon of War." UNICEF - UNICEF Home. Web. 05 Sept. 2011. http://www.unicef.org/sowc96pk/sexviol.htm "About Us | RAINN | Rape, Abuse and Incest National Network." RAINN | Rape, Abuse and Incest National Network | RAINN: The Nation's Largest Anti-sexual Assault Organization.One of Americas 100 Best Charities" Worth Magazine. Web. 05 Sept. 2011. http://www.easybib.com/cite/view Human Trafficking-Trafficking of Humans-Coalition Against Trafficking of Women. Web. 05 Sept. 2011. http://www.catwinternational.org/ "Five-year Review of the Implementation of the Beijing Declaration and Platform for Action (Beijing + 5) Held in the General Assembly, 5 - 9 June 2000." Welcome to the United Nations: It's Your World. Web. 05 Sept. 2011. http://www.un.org/

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"Second World Congress Against Commercial Sexual Exploitation of Children." UNICEF UNICEF Home. Web. 05 Sept. 2011. http://www.unicef.org

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