Sexual violence as gender-based violence: an international human rights law perspective

Abstract

Following recent feminist demonstrations and aspirations in Spain, as well as the controversial judgment in the case la Manada, the necessity to reform the Spanish criminal code insofar as it refers to sexual violence becomes increasingly evident. Legal feminist theo­ries suggest that especially cases of sexual violence against women are strongly influenced by gender stereotypes. Such stereotypes do not only influence the institutions’ mentalities and responses, they are embedded in laws and judicial principles. With the purpose of ensuring better protection of sexual violence survivors in Spain it is imperative, on the one hand, to harmonise the legislation and institutional practices with minimum standards established in international human rights law. This would allow for a definition of sexual violence based on consent. On the other hand, sexual violence should be considered as a form of gender-based violence, considering that it affects women disproportionately. Such assimilation would allow for a greater protection of survivors and guarantee that their cases would be treated from a gender perspective, in other words, taking into account the context of systemic violence against women and unequal power relations between genders in which they are inscribed. Otherwise, women’s access to justice will still be obstructed.