A/HRC/40/CRP.1
10. Sexual Violence Against Men and Boys
The Commission also received reports of male victims of sexual violence and
consequently reached out to men and boys to document their experiences. Sexual and genderbased violence against men and boys is even more underreported than that against women
and girls as there is a greater level of stigma in respect of male sexual violence. Some
witnesses whom the Commission believed were survivors of sexual violence were not yet
ready to speak about their traumatic experiences. In these cases, the Commission decided, as
for women, not to pressure them but rather to have a general discussion about support
services available to them.662 The Commission continues to believe that male sexual and
gender-based violence is grossly under-reported mainly due to the social stigma attached to
sexual violence against men in a society where masculinity is core to status. The Commission
also received reports of acts of sexual mutilation and castration, including impalement with
a stick in his anus of a 12-year-old boy and the use of needles on the penis of a detainee. 663
11. Consequences and Lasting Impact of Sexual and Gender-Based Violence
Sexual and gender-based violence has deep and lasting effects on survivors, their
families, their communities and South Sudanese society. As mentioned in the Commission’s
previous report, survivors are further victimised as the result of the stigma associated with
sexual violence and is the main reason why the majority do not report these crimes or seek
medical, legal, and psychological support.
Numerous survivors of rape continue to experience physical injuries arising of rape
and other forms of sexual violence and also have to deal with the prospect of having
contracted sexually transmitted disease including HIV/Aids. Given that many survivors do
not have access to medical attention or are too afraid to do so, they remain unaware of their
HIV status.
Many survivors show signs of depression, sadness, hopelessness and anxiety and
suicidal thoughts. Some express difficulty to focus, sleep, perform routine tasks, indicate
being on the edge and afraid of uniforms. One woman who saw members of her family killed
and who was raped in front of her children said: “I am a dead body but I am talking. […]
I would like to kill myself […] I would like some help with my children. I cannot cope with
them. If you could find someone to look after my children, to take them away, it would be
better”.664
Survivors in South Sudan do not have the necessary support and access to services to
deal with rape and other forms of sexual violence as South Sudan lacks the infrastructure and
basic services needed to support the large number of survivors of sexual and gender-based
violence and conflict-related sexual violence given the massive number of rapes committed
during the conflict. A number of international organisations have developed awareness and
support programs for survivors and their communities in order to fight the stigma. They have
also supported the establishment of women support groups and basic psychological support
structure to assist survivors. However psychiatric and psychological needs are vast in a
country with very few practicing professionals. 665 The availability of services is therefore
highly unequal depending on locations.
12. Access to Justice for Sexual and Gender-Based Violence
Rape is considered to be a crime under South Sudanese law666 and therefore falls
within the jurisdiction of the statutory courts. 667 However, access to justice for victims of rape
and other forms sexual violence remains a challenge as rape cases rarely find their way before
C. Dolan, “Hidden Realities: Screening for experiences of violence amongst war-affected South Sudanese refugees in northern
Uganda”, Refugee Law Project, Working Paper 25, August 2017.
663 Witness 700, ERN 101462-101469.
664 Witness 142, ERN 100025-100030.
665 According to an Amnesty International Report, in 2016 there were only two practicing psychiatrists in the country. Amnesty
international, “Our Hearts have gone dark, The mental health impact of South Sudan Conflict”, 2016.
666 Penal Code Act (2008), section 247. See also sections 248, 249. The Commission notes, however, that some aspects of the
definition of crimes in the Penal Code should be reviewed and amended, for example, under section 247(3) effectively provides
that there can be no rape within marriage.
667 Local Government Act (2009), section 98(2).
662
95
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