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5 Proving Crimes of Sexual Violence

Priya Gopalan, Daniela Kravetz, Aditya Menon

From: Prosecuting Conflict-Related Sexual Violence at the ICTY

Edited By: Baron Serge Brammertz, Michelle Jarvis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 18 October 2021

Right to fair trial — Rape and sexual violence

This chapter details an account of the experience of the Office of the Prosecutor (OTP) in presenting evidence of sexual violence in the courtroom, showing how successful outcomes for sexual violence prosecutions depend upon effective contributions from many different actors throughout the legal process. Victims play a key role and are at the heart of many sexual violence prosecutions. As each victim is impacted differently by sexual violence, the OTP has been guided by a witness-centred approach, tailored to the needs of each individual. Yet while victims are an important source of evidence in sexual violence cases, diversifying sources of evidence can also improve the prosecution’s ability to secure sexual violence convictions. Additionally, this chapter examines the broad range of evidence-including testimony from victims and other witnesses, as well as expert, forensic, and documentary evidence—that is potentially relevant.

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