in most Congolese tribes according to which the perpetrator of rape has to pay a dowry to the family of the victim or marry the victim who can then end up as the second or third wife of the perpetrator. Another major problem in the DRC is that, except where the perpetrator is caught in the act, a medical expert report is often required for a conviction for sexual violence despite the fact that there is nothing in Congolese law that requires a medical certificate before there can be a conviction for rape.37 This report is difficult to obtain in the context of DRC within a month after the rape, the time limit that the public officer has to present the case before the judge. Doctors typically require remuneration for their work and this cost has to be borne by the often impoverished victims. The consequence is that many requests to doctors remain unanswered and “empty files” are transmitted to the judge who rules in favour of an acquittal, given the lack of evidence. Even in the rare cases where the doctor is paid on time, it can easily take 15 days for the doctor to produce his report. When the officer of the Public Ministry receives it, he does not have enough time to file additional procedural documents, which would allow him to transmit a complete file to the judge. In Sudan, rape is defined as adultery resulting in potential complications when women complain about rape. Applying Islamic law, the woman herself may end up facing charges. The procedures require the victim to complete a particular police form that has acted as a disincentive. Finally, where State officials are the alleged perpetrator, the official immunity needs to be lifted first, which rarely happens in practice. There have been some reported prosecutions and trials for rape but such cases remain the exception. There are ongoing efforts towards criminal law reform in Sudan to change the definition of rape and to remove elements of adultery from the definition. The Sudanese civil society advocating for law reform are taking cues from Pakistan, where reforms in similar laws have been introduced. The Protection of Women (Criminal laws Amendment) Act, 2006 in Pakistan is “particularly noteworthy for separating the criminal offence of rape from the hadd offence of adultery (zina) so as to enhance protection and combat impunity for rape more effectively”.38 In the meanwhile, the Supreme Court of Sudan has a proactive role to play in providing guidance and establishing jurisprudence with regard to de-linking the definition of rape from the hadd provisions of adultery (zina). In the Trial of Musa’ab Mustafa Ahmed, the Supreme Court held that sexual intercourse with a child constitutes rape, which is not subject to the hadd evidentiary rules. The judgment however fell short of extending it to non-consensual sexual intercourse between adults.39 Higher Courts in the region have, on appeal, ruled on expanding and clarifying the definition of sexual violence in the absence of explicit legislation on the matter. In Masiya v Director of Public Prosecutions Pretoria and Another, the constitutional court in South Africa held that the common law definition of rape though not unconstitutional, fell short of the spirit, purpose and objects of the Bill of Rights and therefore extended the definition to include non-consensual penal penetration of the anus of females.40 In Uganda, there are several issues that impede women’s access to justice post conflict. Amnesty International in their report titled ‘Uganda Doubly Traumatized, Lack of Access to Justice for female victims of sexual and gender-based violence in northern Uganda,’ gives a detailed account of such impediments. They range from lack of police and legal 37 “Justice, Impunity, and Sexual Violence in Eastern Democratic Republic of Congo”, All Party Parliamentary Group on the Great Lakes Region of Africa and the Swedish Foundation for Human Rights; November 2008; p.20; Available at: http://www.humanrights.se/upload/files/2/Rapporter%20och%20seminariedok/DRC%20SGBV%20Mission%20Report %20FINAL.pdf. 38 Time for Change: Reforming Sudan’s Legislation on Rape and Sexual Violence, REDRESS and KCHRED, November 2008, p. 28. 39 Supreme Court/Criminal Appeal 545/2000 (Trial of Musa’ab Mustafa Ahmed), Sudan Law Journal 2000 available at: http://sjsudan.org/searchoutput.php?id=2348. 40 Masiya v Director of Public Prosecutions Pretoria and Another [2007] ZACC 9, Summary of the judgment available at: http://www.constitutionalcourt.org.za/Archimages/9888.PDF and the judgment at: http://www.constitutionalcourt.org.za/Archimages/11066.PDF. REDRESS | DOMESTIC JUSTICE PROCESSES FOR SEXUAL VIOLENCE 13