ii) Procedures Prosecutions of a criminal nature including for torture or sexual offences such as rape are under the remit of the Director of Public Prosecution (DPP). A victim/complainant would ordinarily file a complaint with the police, following which the police undertake investigations and gather evidence. The evidence is submitted to the DPP for prosecution. Prosecution may be in the High Court for very serious offences or in the Chief Magistrates Court for other offences. While in the law, the punishments associated with rape or attempted rape make it a serious offence, in practice, as seen below, there are numerous challenges with regards to prosecution. One may opt for a private prosecution and this entails preparation of a charge sheet and requesting the court to issue a summons. The DPP however reserves the right to take over the private prosecution when deemed necessary. iii) Limitations and Challenges Initiating private prosecutions are problematic in torture cases or sexual offences because of the lack of legislation on protection for anybody involved. Additionally, the complainant bears the costs of investigation and evidence gathering as the police play no role in these circumstances. There are however very few private prosecutions on sexual violence because of the security risks involved. In a discussion, Judge Kasule of the Magistrate Court in Gulu district of Uganda, listed the following as among the impediments to a successful prosecution of sexual assault: 2.3  The enforcement institutions do not spend resources to perform some of the basic investigative functions such as visiting the crime scene, interrogation of key witnesses, forensic testing and medical examinations of victims and survivors. Poor investigation by the police is often the reason for acquittal of offenders for lack of evidence.  Police or those related to the offender often intimidate the woman at the stage of investigation to prevent them coming to court and as such, the cases are often compromised.24 Legal Action in Civil Courts 2.3.1 Proceedings in the DRC Survivors of sexual violence can file a civil action independent from the criminal proceedings. To avoid inconsistent outcomes, criminal proceedings take priority. Civil action for damages will be stayed (suspended) until the criminal court issues a final judgment. When an infraction is committed, there can be a penal or/and civil action which has the effect that the victims can ask the criminal tribunal (tribunal repressif) for reparation by constituting herself civil party (joining the penal action initiated by the “ministère public” (art 69 Congolese code of penal procedure), or she can wait for a judgment and use it in an action before civil jurisdictions to claim reparation. The first option (civil party) is the most common. Also, according to article 144 of the Congolese Civil Procedure Code, victims have to pay to lodge such a complaint25. 24 supra note 3, pps. 27-28. 25 7 mars 1960, Décret portant Code de procédure civile congolais ; Article 144 : « Lorsque, (…) le demandeur fournit les éléments nécessaires à la rédaction de l'assignation, il consigne entre les mains du greffier la somme de Z. 200,00 (zaïres deux cents) au premier degré, et de Z. 300,00 (zaïres trois cents) au degré d'appel » ; Available at: http://www.leganet.cd/Legislation/Droit%20Judiciaire/Decret.7.03.1960.htm#TITRE_IV. 10 DOMESTIC JUSTICE PROCESSES FOR SEXUAL VIOLENCE | REDRESS