biased investigations by the police that may make evidence gathering difficult or may dilute the quality of the evidence making it difficult to stand the test of the legal action. 7.1.1 Evidence for Prosecution at the National Level The evidence required to prove a crime beyond reasonable doubt in a criminal prosecution at a national court is often detailed, rigid and of high threshold. The following constitute a nonexhaustive list of the kind of documentation that would help compile and secure evidence of sexual assault. Though the responsibility to gather and document evidence is mainly of the investigative and enforcement agencies, often their callous attitude to sexual violence have resulted in acquittals for lack of evidence. It is therefore helpful if an NGO or a human rights group also documents and/or coordinates with the police on the documentation of the evidence, in which case they need to ensure that the evidence includes most of the following:  Complete details of name of the victim/survivor, date and place of birth, address, nationality, name and address of the parents of the victim/survivor. A clear proof of identity that certifies most of the personal details such as national identity card, copy of passport, etc. if available, should be attached.  A report certifying the sexual violence obtained after a medical examination of the survivor conducted (where possible) before she washed herself. Photographic/video evidence that documents any physical harm, if available.  A DNA test should be conducted where such forensic facilities are available.  A description of how the survivor came to be in the control of the perpetrator.  A record as accurate as possible of the date, time and place of the violence. If the victim is unable to identify the place she may describe the process of how she was taken to the place of violence i.e. how long she walked or was driven, what the place looked like, who else was present, what did the place smell like etc.  A description of the appearance, demeanour and language of the perpetrator(s), and identity if known. In conflict areas, perpetrators of an armed force or rebel group may be identifiable from their uniforms or other markers that identify their group. It may also be that a person not active in the conflict takes advantage of the situation and commits sexual assault. In which case, a near accurate description of the person(s) would be useful. When attacked by more than one perpetrator it may be relevant to document details as to what language they spoke and how they referred to each other.  If there are any eyewitnesses to the violence, her/his statements also need to be recorded in similar details as above.  A detailed description of the physical and mental harm the survivor suffered as a result of the violence and the subsequent economic, social, psychological loss it may have caused her, and any documents showing this. The enforcement/investigation agencies, police, lawyers or NGO working with the survivor may need to pay attention to gender issues and generally be gender-sensitive when recording survivor’s testimony or otherwise documenting the sexual violence. These include: having a woman or a gender-sensitive person record the testimony, ensuring that the survivor is always accompanied by a person for moral support, noting that the survivor may not be comfortable using explicit language to refer to body parts and that there may therefore be a need to decipher the meaning of the survivor’s language and her choice of words to refer to the criminal act. 7.1.2 Evidence of Sexual Violence for International Courts At an international court or tribunal, there is a tendency to take a less rigid approach to issues of admissibility of evidence in view of the context, nature and extent of the crime. The EECC REDRESS | 7. LITIGATION AND ADVOCACY STRATEGIES 71