15th September 2021

Consent-based rape definitions

Definitions of rape need to be based on voluntary, genuine, and willing consent and recognise a broad range of coercive circumstances where consent cannot be voluntary, genuine, or willing and where the victim is incapable of giving consent. Concerningly, however, countries around the world, including in the Americas, have definitions of rape which are based on force or the threat of force, as opposed to lack of consent.

Download your file

Your name(Required)
Your name(Required)
Your name(Required)

Key recommendations

In Equality Now’s 2021 study, 23 of the 43 jurisdictions surveyed in the Americas require the use of additional violence, threat, or using the victim’s physical helplessness, incapacity, or inability to resist as elements of rape.

This sheet explores why consent-based definitions are necessary, why forced-based definitions fail survivors, outlines the key elements of a consent-based rape definition, offers a standard to which governments can align their laws, and presents the international and regional human rights standards that provide the framework on which this information is based.

Explore more resources

1

2

3

Strengthening access to justice for survivors of sexual violence in Paraguay

Paraguay faces gaps between legal protections and survivors’ access to justice. This factsheet presents findings and recommendations to strengthen the state response to sexual violence.

How online misogyny escalates into tech-facilitated gender-based violence and extremism

Explore how online misogyny is amplified by digital platforms, fuels technology-facilitated gender-based violence and extremism and threatens human rights and democracy.

Strengthening access to justice for survivors of sexual violence in Uruguay

This factsheet identifies the main legal and institutional gaps affecting access to justice for survivors of sexual violence in Uruguay and sets out concrete recommendations for reform.

Newsletter Sign-up

Make a donation

I want to donate