The European Court of Human Rights as a Mechanism of Justice for Rape Victims

Abstract

Sexual violence, as a form of gender-based violence,¹ violates, impairs and nullifies women’s human rights. It is also an impediment to securing a full range of human rights and freedoms of any individual and hence has far-reaching negative consequences for all societies (UNGA, 2006). Despite this, state responses often fail to appropriately condemn sexual violence and provide effective remedies to victims/survivors.² Criminal proceedings are often traumatising for the victims, who not only are called on to provide a detailed account of the assault, but whose character and behaviours are often scrutinised with reference to gender stereotypes and ‘real rape’ mythology. Three stereotypes regarding women’s sexual behaviour are particularly widespread: that women enjoy being sexually possessed regardless of the circumstances; that they lie about being raped; and that they are responsible for their victimisation (see Edwards et al., 2011; Radačić, 2014a; Tempkin & Krahé, 2008). Based on these stereotypes, ‘real rape’ is defined as a violent attack on an unsuspecting and ‘respectable’ victim, who resists to her utmost. The application of such gender stereotypes often means that victims, rather than defendants, are placed at the centre of the trial.