Grassley
(R-IA)
Hagan (D-NC)
Harkin (D-IA)
Hatch (R-UT)
Hutchison (R-TX)
Inouye (D-HI)
Johnson (D-SD)
Kaufman (D-DE)
Kerry (D-MA)
Kirk (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Landrieu (D-LA)
Lautenberg (D-NJ)
LeMieux (R-FL)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lincoln (D-AR)
Lugar (R-IN)
McCaskill (D-MO)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski
(D-MD)
Murkowski (R-AK)
Murray (D-WA)
Nelson (D-FL)
Nelson (D-NE)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Rockefeller (D-WV)
Sanders (I-VT)
Schumer (D-NY)
Shaheen (D-NH)
Snowe (R-ME)
Stabenow (D-MI)
Tester (D-MT)
Udall (D-CO)
Udall (D-NM)
Voinovich (R-OH)
Warner (D-VA)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)
Not Voting - 2
Byrd (D-WV)
Specter (D-PA)
Rape is a crime under International Law. The UN Security Council officially recognize rape as a tactic of war. Rape is classified as an act of torture within international human rights, humanitarian and criminal law. Rape is used to discourage dissent and to demonstrate power. It can be used to create an environment of fear that systematically breaks down the cohesion of a community by creating division and shame which tears apart social and family bonds. Rape in such a context is a war crime. Rape also occurs frequently in detention; in some countries, it is almost expected when a woman has been tortured.
Rape affects the entire community. Sexual assault is most often a crime defined by gender, with women and girls the predominant victims.
It is a tactic to rape a woman in order to shame and humiliate the men in her family who were unable to protect her. Thus, the sexual assault causes vicarious trauma to all who care about the rape victim and gives the rapist power over others who witness or hear about the rape.
Men and boys have also been subjected to sexual abuse and rape. The shame and humiliation of such sexual violations leave many victims unable to tell their stories. This aspect raises questions about reporting accuracy in the number and severity of the attacks.
Being raped has consequences far beyond the event itself. There is a risk of pregnancy, sexually transmitted diseases and physical injury, as well as psychological consequences that can last for a lifetime. Those who have experienced rape as torture often experience depression, anxiety and inability to trust as well as headaches, nightmares and intrusive memories. There is long term impact on themselves, their families and society.
There is a human right to self autonomy and personal dignity. A man or woman has the human right to refuse sex with any particular person, at any particular time, under any particular set of circumstances. Consent is the requisite issue. No one else has the right to make that decision for another. It does not matter whether force, coercion or fraud have been used. If the person's right to decisions regarding her/his personal autonomy has been ignored and he/she has been humiliated, then it is rape. If she/he has not fully consented, it is rape.
On July 17, 1998 the International Criminal Court was created and on April 11, 2002 the Rome Statute (establishing the court) was ratified, coming into effect in July, 2002. The International Criminal Court can not only prosecute nation States for committing crimes against humanity under the Rome Statute, but certain types of non-state actors can be prosecuted as well.
The definition of rape in The Statute of the International Criminal Court (ICC) includes two key elements:
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