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Recommendation 1887 (2009)
Rape of women, including marital rape
1. The Parliamentary
Assembly refers to its Resolution
1691 (2009) on rape of women, including marital rape, which underlines
that rape is an unacceptable violation of women’s rights and dignity,
as well as a most serious crime.
2. The Assembly believes that the fight against rape needs to
be stepped up and thus recommends that the Committee of Ministers
ask its member states to:
2.1. fully
implement the recommendations on sexual violence and rape contained
in the Committee of Ministers Recommendation Rec(2002)5 on the protection
of women against violence, as well as the recommendations contained
in Assembly Recommendation
1777 (2007) on sexual assaults linked to “date-rape drugs”, in Resolution 1670 and Recommendation
1873 (2009) on sexual violence against women in armed conflict,
and in Resolution 1691
(2009) on rape of women, including marital rape;
2.2. ensure that their legislation on rape and sexual violence
reaches the highest possible standard, and avoids a “re-victimisation”
of the victim by the criminal justice system;
2.3. establish marital rape as a separate offence under their
domestic law, if they have not already done so, in order to avoid
any hindrance to legal proceedings;
2.4. develop a comprehensive strategy which should comprise
measures to prevent rape in the first place, as well as to ensure
(securely funded) protection of and assistance to rape victims at
every step of the proceedings, including possible compensation for
the victims.
3. The Assembly calls on the Committee of Ministers to instruct
the Ad hoc Committee on Preventing and Combating Violence against
Women and Domestic Violence (CAHVIO) to include in the future Council
of Europe convention the severest and most widespread forms of violence
against women, including rape and sexual assault.
4. The Assembly believes that widespread public attitudes to
rape and sexual assault which tend to shift the blame from the attacker
to the victim are among the highest obstacles to the reporting,
effective investigation and prosecution of cases of rape and sexual
assault. It thus recommends that the Committee of Ministers launch
a Council of Europe campaign to change those attitudes, possibly
in the framework of the promotion of the future Council of Europe
convention, and encourage member states to concomitantly launch national
campaigns.