1. INTRODUCTION Sexual violence is the most pervasive form of violence in many of the conflict-ridden countries in Africa and continues to remain so, through various post-conflict stages even after the conflict has ended. Violence, particularly of a sexual nature and against women, that was characteristic of a prolonged conflict, comes to be accepted as the norm and part of the culture more so than it was prior to the conflict. 1.1 What is sexual violence? Sexual violence - though understood primarily as physical violence of a sexual nature such as rape - is an attack on the sexuality of the victim that may or may not involve physical attack. It includes sexual harassment, sexual exploitation, sexual abuse, sexual assault or other behaviour of a sexual nature without the consent of the victim. Silence or failure to say ‘no’ does not imply consent. Stripping of clothes, parading naked, being forced to wear certain forms of clothing, to urinate in public are examples of violence of a sexual nature or violence that the victim perceives to be of a sexual nature. 1.2 Prohibition and Accountability for Sexual Violence National legal systems and institutions offer women different avenues of justice for sexual violence, albeit with limited or difficult accessibility. However, the prohibition on sexual violence is often limited to rape in many national legal systems. Moreover, rape is most of the time understood as an offense against morality and not as a crime against the bodily integrity of a woman. Other forms of sexual violence are often understood and articulated in the law as an outrage upon the modesty of a woman or against her dignity. There have been significant developments in international law moving away from understanding sexual violence as a crime against the dignity of a woman, to an invasion or an attack on the body of a person. Such developments are yet to be incorporated in the national laws of many countries around the world, including Africa. In the meantime, victims of sexual violence, women’s rights and human rights groups must work within what may be a restrictive definition of sexual violence available in national laws. Women’s general experience with accessing legal systems is often fraught with impediments ranging from lack of knowledge, awareness or resources; the distant location of the courts, non-existence of medical or forensic facilities and the gender bias of the officials in institutions of justice. Additionally, the general lack of support to victims of sexual violence from the family, community and society does not make the pursuit of justice among the first responses of a woman victim of sexual violence. 1.3 Why Justice through a Legal Process? Throughout the world, the number of women experiencing rights violations is far more than the actual number of women filing reports of violations or bringing complaints before the national courts. Women are also under-represented in bringing complaints before regional and international treaty bodies. The proportion of cases brought is even lower in the specific context of violence against women generally and sexual violence in particular. For example, of the 31 cases decided between January 2007 and May 2009 by the United Nations Committee Against Torture, women were the principal complainants in only two cases. There have been more cases by women under the torture prohibition claiming non gender-specific torture than gender-related harms 1 such as sexual violence. The overall gross under-utilisation of legal processes by women to address all forms of violations, and specifically gender-related ones, needs to be remedied. It is often argued that given the general difficulties in accountability for sexual violence, victims, particularly in conflict situations, are better off seeking social justice by 1 Edwards, A, ‘Violence against Women under International Human Rights Law,’ Cambridge University Press, New York, 2011, pp.123-124. REDRESS | INTRODUCTION 1