{"content":{"sharePage":{"page":0,"digests":[{"id":"42025376","dateCreated":"1315297524","smartDate":"Sep 6, 2011","userCreated":{"username":"cristinamichels","url":"https:\/\/www.wikispaces.com\/user\/view\/cristinamichels","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/42025376"},"dateDigested":1532174630,"startDate":null,"sharedType":"discussion","title":"Comment by Veronica Birga","description":"Under rape, I think you need to enlarge the part on surrounding circumstances under consent. What is not at present reflected are, inter alia, situations of psychological, emotional, economic dependence, a general situation of violence and abuse even if in the specific case there was no violence or threat of violence, etc. I also suggest that in the condensed definition you explain that in the case of children consent can be irrelevant","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"41655633","dateCreated":"1314262516","smartDate":"Aug 25, 2011","userCreated":{"username":"yukanosue","url":"https:\/\/www.wikispaces.com\/user\/view\/yukanosue","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/41655633"},"dateDigested":1532174630,"startDate":null,"sharedType":"discussion","title":"consent requirement","description":"I suggest changing the element of consent to that of \u201cbe force\u2026 etc\u201d under the Rome Statute.
\nby force, or by threat of force or coercion, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.
\nI believe a paper done by OHCHR-Gender advisor supports this point, providing legal analysis. It\u2019s available at http:\/\/www2.ohchr.org\/english\/issues\/women\/docs\/Paper_Prosecution_of_Sexual_Violence.pdf<\/a>
\n\u201cA review of humanitarian law, human rights law and international criminal law reveal a growing tendency to define forms of sexual violence, including rape, and use their investigation and prosecution to redress impunity for gender-based violence. These areas of law also appear to be developing the precept that reduces or eliminates the legal relevance, and thus requirement of a victim\u2019s lack of consent to acts of sexual exploitation, especially rape as a prerequisite for prosecution. Jurisprudence of rape is more likely to qualifies its examination based upon the context of the coercive physical or mental circumstances, abuse of power, or the status of the victim\/survivor.\u201d
\n
\n Patricia Viseur Sellers, \u201cThe Prosecution of Sexual Violence in conflict: The Importance of Human Rights as Means of Interpretation\u201d p.36","replyPages":[{"page":0,"digests":[],"more":0}]}],"more":false},"comments":[]},"http":{"code":200,"status":"OK"},"redirectUrl":null,"javascript":null,"notices":{"warning":[],"error":[],"info":[],"success":[]}}