Sexual violence is a pervasive and deeply rooted human rights violation that affects millions of women globally. The World Health Organization (WHO) defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women” (WHO, 2013). Sexual violence, as a critical subset of this broader phenomenon, remains one of the most traumatic and underreported forms of violence against women.
WHO’s Definition and Framework on Sexual Violence
According to the WHO's landmark report "Global and Regional Estimates of Violence against Women" (2013), sexual violence includes:
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Forced sexual intercourse (rape)
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Unwanted sexual acts or advances
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Sexual coercion, including marital rape
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Sexual harassment in public, workplaces, or educational settings
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Human trafficking and sexual slavery
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Use of violence or threats to obtain sexual acts
The WHO links sexual violence to serious short- and long-term health consequences including physical injury, unwanted pregnancy, sexually transmitted infections (STIs), depression, post-traumatic stress disorder (PTSD), and suicidal behavior (WHO, 2021).
Forms of Sexual Violence and Their Global Manifestation
1. Mauritius
In Mauritius, sexual violence is criminalized under the Criminal Code Act (Section 249), which defines rape, sexual assault, and indecent acts. However, reports indicate growing concern about underreporting and social stigma. In 2021, the Office of the Ombudsperson for Children highlighted the sexual abuse of minors and the failure of institutions to act promptly (Ombudsperson for Children, 2021).
Recent campaigns by NGOs like Gender Links emphasize the intersection of domestic violence and sexual assault within marital settings, often unacknowledged due to cultural taboos.
2. United Kingdom
In the UK, sexual violence includes rape, sexual assault, and coercive control. The Sexual Offences Act 2003 modernized legal definitions of sexual crimes. In 2022, the Office for National Statistics (ONS) reported that 1 in 5 women had experienced some form of sexual assault since age 16.
The #MeToo movement and high-profile cases such as the murder of Sarah Everard have led to increased public scrutiny of police handling of sexual violence cases, prompting policy reforms like the End-to-End Rape Review (2021).
3. United States
In the U.S., the Centers for Disease Control and Prevention (CDC) recognizes sexual violence as “any sexual act committed against someone without that person’s freely given consent” (CDC, 2022).
The National Intimate Partner and Sexual Violence Survey (NISVS) found that nearly 1 in 5 women has been raped in her lifetime (CDC, 2017).
Campus sexual assaults remain a major issue, with federal legislation such as Title IX mandating colleges to investigate sexual harassment and assault. Additionally, the Violence Against Women Act (VAWA) has been central in shaping legal responses since 1994.
4. India
India has faced international scrutiny for its treatment of women, especially after the brutal 2012 Delhi gang rape. The incident led to the Criminal Law (Amendment) Act, 2013, expanding the definition of rape and criminalizing voyeurism, stalking, and acid attacks.
Despite legal changes, the National Crime Records Bureau (NCRB) reported over 31,000 rape cases in 2021 alone. Patriarchal norms, victim-blaming, and police inaction continue to hinder justice.
Social movements like #BoisLockerRoom and court rulings, such as those in Independent Thought v. Union of India (2017), which criminalized marital rape for girls under 18, signal both progress and persisting gaps.
5. South Africa
South Africa has one of the highest rates of sexual violence globally, often referred to as the "rape capital of the world". According to Statistics South Africa (2021), 51% of women have experienced gender-based violence, with rape cases frequently underreported.
The Sexual Offences and Related Matters Amendment Act criminalizes rape, sexual exploitation, and trafficking. However, enforcement remains weak. Civil society groups like Rape Crisis Cape Town Trust and the #TotalShutdown movement advocate for state accountability and survivor support systems.
6. Palestine
In Palestine, sexual violence is compounded by occupation, displacement, and patriarchal control. A 2018 study by the Palestinian Central Bureau of Statistics (PCBS) revealed that 11% of married women experienced sexual violence.
The absence of a unified legal system in Gaza and the West Bank creates a fragmented response to gender-based violence. Human rights groups like Al Muntada and UN Women Palestine note that laws often lack specificity in addressing sexual violence and exclude marital rape from legal definitions.
Sexual violence is also reportedly used as a tool of political oppression, particularly against female detainees by Israeli authorities (B’Tselem, 2020).
Comparative Analysis
| Country | Marital Rape Criminalized? | Main Law Covering Sexual Violence | Reporting Challenges |
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| Mauritius | No | Criminal Code (Section 249) | Cultural stigma, victim blaming |
| UK | Yes (since 1991) | Sexual Offences Act 2003 | Low conviction rates, victim retraumatization |
| US | Varies by state | VAWA, Title IX, state-level statutes | College campuses, military sexual violence |
| India | No (unless wife <18) | Criminal Law Amendment Act, 2013 | Police apathy, patriarchal norms |
| South Africa | Yes | Sexual Offences Amendment Act | High prevalence, limited victim services |
| Palestine | No | No specific unified framework | Legal fragmentation, political conflict |
Conclusion
Sexual violence, as framed by the WHO, is a global public health and human rights crisis. While legislative reforms and policy measures have advanced in many jurisdictions, social norms, enforcement failures, and systemic inequalities continue to obstruct justice and healing for survivors. Comparative analysis across Mauritius, the UK, the US, India, South Africa, and Palestine reveals that while definitions and responses vary, common themes of underreporting, institutional neglect, and survivor marginalization persist.
Efforts must therefore go beyond legal reform, incorporating community-based prevention, survivor-centered care, and structural change in gender power dynamics.
References
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WHO. (2013). Global and Regional Estimates of Violence against Women. Geneva: World Health Organization.
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WHO. (2021). Violence Against Women Prevalence Estimates, 2018.
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CDC. (2017). National Intimate Partner and Sexual Violence Survey (NISVS).
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ONS. (2022). Sexual Offences in England and Wales.
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Statistics South Africa. (2021). Crimes against women in South Africa.
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NCRB. (2021). Crime in India 2021.
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UN Women Palestine. (2020). Sexual and Gender-Based Violence in the oPt.
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B’Tselem. (2020). Abuse of Palestinian Detainees.
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Criminal Code of Mauritius, Section 249.
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Sexual Offences Act 2003 (UK).
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Criminal Law (Amendment) Act, 2013 (India).
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Sexual Offences and Related Matters Amendment Act (South Africa).
