The victim/survivor may choose to participate in a process to change a rule, law or policy on issues of sexual violence and file a petition for violation of constitutional rights or challenge the constitutional validity of any rule, law or policy that discriminates against women.  The opportunities and challenges of criminal prosecution: Given that evidence is difficult to obtain, crimes of sexual violence are among the most difficult crimes to prosecute. If the victim/survivor is willing to go through the lengthy and often cumbersome process, criminal prosecution either through the State or through a private prosecution, where such an option is available, may be an appropriate option to consider. For private prosecutions, the costs and availability of other resources may be a consideration in the strategy. Where the lawyer or the NGO groups working with the victim/survivors are not the ones prosecuting, they may need to be vigilant about the charging and the characterisation of the crime. Lawyers or prosecutorial authorities may be inclined to accept guilty pleas for lower charges and/or sentences for sexual violence. Based on what is considered serious in a national criminal system, the lawyers may persuade the perpetrator to accept a charge with a lesser consequence and punishment than the one with a higher punishment. Such strategic legal choice in the course of the prosecution may leave the victims/survivors disappointed and victims and their lawyers should be advised to maintain contact with prosecutors so that they can provide their views on such developments. In criminal systems that have recognised torture as a crime, it may be that the facts of the case fall within the definition of both torture and rape and may therefore be charged as both. The value of doing so is in extending the severity of torture to sexual violence. If the facts of the case fall within the definition of other crimes of comparable gravity, there may be a need to charge with both or the one considered most grave, bearing in mind the possibility that sexual violence may be the charge considered grave in that system.  Strategic litigation to change rules or the law on sexual violence: It is possible that existing laws or rules on prosecution of sexual violence are such that they make it difficult to prosecute sexual violence or lower courts may have dismissed the case on technical grounds. Examples are rules that require reporting of cases within a certain number of days or rules that authorise only certain medical officers to certify the violence. Such rules may also constitute a violation of the constitutional rights of equality in law and the right not to be discriminated against. If victims are consistently denied justice on these grounds, a strong case may be developed to challenge these rules in the higher or constitutional courts. Sexual violence cases may also be used to influence law reform through strategic litigation in the higher courts. When a case forms the basis for strategic litigation, its purpose is larger than justice for the individual victim or survivor. The victim or survivor needs to be suitably informed and indeed support the larger goal of changes in rules or law reform. 7.3.2 Litigation Strategies at the Regional or International Level Bringing a case to the regional or international level involves decisions that answer key questions such as:  Why has the need arisen to bring a case before an international mechanism? A need arises to bring a case to an international treaty body mechanism when the complainant has exhausted all domestic remedies or believes there is no effective remedy nationally and is keen to pursue justice elsewhere. In addition, there could be a belief that an international remedy will support advocacy efforts for a change in law or policy or a need is felt for international pressure to enforce implementation of a law or a specific human rights standard. REDRESS | 7. LITIGATION AND ADVOCACY STRATEGIES 75