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desecrated’. 354. The Commission has recorded many statements in its database and has heard testimony that ladies and their households reported CDF members for each rape and sexual violence to their commanders. The response was telling. Nothing happened and in many cases it turned clear that rape and sexual violence was condoned, particularly where the ladies have been thought to have hung out with or rendered assistance to the RUF or AFRC. No consideration seems to have been given to the possibility that girls had been forced into these roles in order to survive. No evidence exists that the CDF took any motion in opposition to its members who have been accused of rape or sexual violence. On the contrary, such acts seem to have been condoned, notably if the women had been labelled “rebel collaborators” or “rebels”, or if they had family members who had been related to the RUF, the SLA or the AFRC. 142. The guidelines of process in Sierra Leone’s courts, which require corroboration and cross-examination by formidable defence attorneys, discourage girls from instigating legal proceedings. Such a perceptibly hostile setting in the courts has usually had the consequence of constructing victims, most of them with out authorized representation, feel that they’re answerable for the crime they’ve suffered. Even the place circumstances are reported, most of them find yourself not being prosecuted, as these liable for prosecution prevail upon the victim to settle the matter out of court. The approach of the police and judicial officers means that they regard rape and other gender-based crimes as lesser crimes not value prosecuting. 141. Rape is an offence under the widespread legislation in Sierra Leone, defined as having sexual activity with a woman without her consent, by pressure, concern or fraud.96While rape is in concept punishable as an offence all through Sierra Leone, it has always been under-reported and comparatively few prosecutions of rape or crimes of sexual violence have taken place. Victims have been reluctant to report sexual crimes for fear of stigma. Many victims are undergo intimidation and are thus prevented from reporting crimes or insisting on the prosecution of their perpetrators. In addition, there is typically little incentive to pursue an onerous prosecution in a judicial system that is not conducive to “just” outcomes. The definition of rape has modified throughout American history and therefore what constitutes rape is dependent on the time and state in which the assault has occurred . It was not till 2012 that the FBI broadened the definition of rape to include non-forcible rape of ladies and men. In 2014, both California and New York altered their definitions of sexual assault such that rape is not defined by the sufferer saying “no,” but by failing to say “sure.” Such a definition acknowledges the position of the assailant in acquiring affirmative consent, quite than the sufferer in saying no. Branscombe et al. ; see additionally Nario-
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