A/HRC/40/CRP.1 and increased militarism in which rape and sexual violence are deliberately used as a tactic of war to sow terror fear by perpetrators. These statistics however need to be contextualized as there is no common understanding in South Sudan of what constitutes rape.573 Under customary law, a husband is allowed to discipline and beat his wife if she fails to prepare food for her him, and refuses to have sex with him and the consent of a woman to have sexual intercourse is not always sought.574 Survivors of domestic violence are fearful of reporting such incidents given social norms and their financial dependence on spouses, as cases of domestic violence adjudicated by the customary law courts often result in women being further victimized enduring further abuse. If the husband is found to have behaved wrongly, he may be ordered to compensate his wife by paying her medical bills or pay a fine in cattle, and in some cases divorce might be granted. Most of the times however the woman will be compelled to return to her abusive husband which deters reporting domestic violence.575 Impunity is a key factor in fuelling domestic and gender-based violence, as there are hardly any consequences for men. In addition, substance abuse, the difficulty of obtaining a divorce, forcing women to remain in abusive relationships, the stress and trauma of the ongoing armed conflict and displacement do not promote any kind of accountability. 576 While sexual and gender-based violence in South Sudan pre-dates independence, it has been exacerbated by increased militarization and the ongoing conflict. 577 Displaced households living in PoC sites, compel co-wives to share the same shelter as other co-wives and has also been responsible for an increase in domestic and gender-based violence.578 There is no incentive for women in South Sudan who have been raped to report their rape and seek medical assistance, as they fear exposure and stigma in a deeply traditional society. Investigations carried out by law enforcement offices usually lack a gender and victim centred approach.579 Women who have been raped and are not virgins are stigmatised and considered to be less desirable, unlikely to get married and only worth a lesser bride price.580 Women who have been raped are usually forced by their families to marry their rapist as rape is perceived to be an attack on the honour of the victim’s family and are usually resolved through agreements between the two families which include the payment of reparation and bride price to the family often resulting in the perpetrator being able to avoid any criminal accountability. If the victim is married, compensation is paid to her husband. 581 If a married woman is raped, she can be accused and charged with adultery which is a crime under South Sudanese law. If a widow or a woman abandoned by her husband has a relationship with another man, the woman hereto can be charged with adultery and may be What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflictaffected women and girls in South Sudan”, 2017. 574 Confidential Meeting, 22 January 2019; Human Security Baseline Assessment for South Sudan and Sudan, “Women’s Security and the Law in South Sudan”, Small Arms Survey, Narch 2012; J. Scott et al., “An assessment of gender inequitable norms and gender-based violence in South Sudan: A community-based participatory research approach”, Conflict and health, 2013, Vol. 7, Issue 1, p. 4. 575 Human Security Baseline Assessment for South Sudan and Sudan, “Women’s Security and the Law in South Sudan”, Small Arms Survey, Sarch 2012; J. Scott et al., “An assessment of gender inequitable norms and gender-based violence in South Sudan: A community-based participatory research approach”, Conflict and health, 2013, Vol. 7, Issue 1, p. 4. 576 O. Stern, “‘This is How Marriage Happens Sometimes’: Women and Marriage in South Sudan”, in F. Bubenzer, O. Stern (editors), Hope, Pain and Patience, The Lives of Women in South Sudan, Fanele, Jacana Media, 2011. 577 What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflictaffected women and girls in South Sudan”, 2017. 578 Witness 931, ERN 101799-101803; What Works to Prevent Violence against Women and Girls consortium, “No safe Place: A lifetime of violence for conflict-affected women and girls in South Sudan”, 2017. 579 Confidential Meeting, 27 January 2019. 580 O. Stern, “‘This is How Marriage Happens Sometimes’: Women and Marriage in South Sudan”, in F. Bubenzer, O. Stern (editors), Hope, Pain and Patience, The Lives of Women in South Sudan, Fanele, Jacana Media, 2011; Care, “‘The girl has no rights’: Gender-Based violence in South Sudan”, Report, 2014. 581 Human Security Baseline Assessment for South Sudan and Sudan, “Women’s Security and the Law in South Sudan”, Small Arms Survey, March 2012; UNDP, In search of a working system of justice for a new nation. The ascertainment of customary laws of the Toposa, Lokuto (Otuho), Lango and Lopit Communities of the Eastern Equatoria State of South Sudan, Serie 1, Volume 1, 2012; see also volumes 2 and 3 for more examples. 573 87