iii) Limitations and Challenges Most victims who live in remote rural areas do not bring a complaint of sexual violence. Some of the suggested reasons are ignorance of the law, shame, rejection they encounter from their own families and communities; fear of reprisals or of facing the perpetrator who often is an ‘official’ (un homme en arme). In addition, traditional notions of gender relations embedded in family laws requiring the wife to have the consent of the husband to initiate a legal action (code de la famille, art 448) also impact on victims’ willingness or ability to bring a complaint. Despite the requirements of the law, the victim and witness protection regime in DRC is almost non-existent. Moreover, apart from some military chiefs and low level soldiers who have been arrested and prosecuted under the provisions of the Rome Statute of the International Criminal Court (ICC) (since DRC is a monist State, the Rome Statute is directly applicable), high level officials in the command structure are not prosecuted. A worrying feature of the military justice system which greatly contributes to impunity and works against the independence of the judiciary is the hierarchical principle, which requires that no military judge can hear a case where the accused is of a superior military rank. 2.2.2 Proceedings in Sudan i) Substantive Laws on Sexual Violence In Sudan, the criminal offence of rape and some forms of sexual violence (gross indecency) have been recognised in each of the Sudanese criminal acts in force to date (1925, 1974, 1983 and 1991).15 ii) Procedure to initiate a criminal case A typical prosecution process for sexual violence involves investigation by the police and prosecution by the Attorney General before criminal courts. Where the alleged perpetrators are officials, they may be tried before special police/security courts, provided their immunity is lifted. In cases of physical injury (qisas), victims may also bring private prosecutions resulting, in principle, in prosecutions and trials where courts may impose ‘eye for an eye’ punishment. Alternatively, victims (or their families) may accept compensation (diya) and in such cases, the State may still impose discretionary punishment known as ta’zir. iii) Limitations and Challenges A series of shortcomings in law and practice have been identified as factors that contribute to the lack of protection of women (and men) and to impunity. Some of these are: • Lack of clarity in the definition of rape, particularly in relation to adultery • Lack of specificity of the rules on consent pertaining to rape • Factors inhibiting victims from bringing complaints, such as: - the prospect of facing counter-charges for adultery (zina) or wrongfully accusing someone of adultery where rape cannot be proved (quadf); - difficulties in securing timely and adequate medical examinations and pour la remise de l’armée sur pied de paix. » ; Available at : http://www.leganet.cd/Legislation/Droit%20Judiciaire/Loi.023.2002.18.11.2002.pdfhttp://www.leganet.cd/Legis lation/Droit%20Judiciaire/Loi.023.2002.18.11.2002.pdf. 15 The crime of rape is recognised in article 316 of the 1925 and 1974 Criminal Act, article 317 of the 1983 Criminal Act and article 149 of the 1991 Criminal Act. The crime of gross indecency is recognised in article 319 of the 1925 and 1974 Criminal Act, article 319 of the 1983 Criminal Act and article 151 of the 1991 Criminal Act. 8 DOMESTIC JUSTICE PROCESSES FOR SEXUAL VIOLENCE | REDRESS