A/HRC/47/26 cent of cases reported in 2015. Some countries do not collect and report data on the prosecution of rape. 107. The Special Rapporteur makes the following recommendations: (a) There should be no statute of limitation for initiating legal proceedings on rape, whether committed during conflict or in peacetime. Where statutes of limitation do exist, they should be prolonged to allow for the healing of victims/survivors and should never preclude access to justice. In the case of child victims, statutes of limitation should at a minimum allow for the initiation of proceedings after the victim has reached the age of majority; (b) States must provide for extraterritorial jurisdiction, so that their courts can prosecute rape cases committed by their nationals outside their territory and facilitate cooperation with other jurisdictions; (c) States should collect data on prosecution, sentencing and attrition rates, and establish rape prevention watches or observatories as part of observatories on violence against women. IV. Conclusions and recommendations 108. International human rights law, international humanitarian law and international criminal law on rape have advanced significantly over the past few decades, in independent yet interrelated processes resulting in advanced standards on the criminalization and prosecution of rape. 109. There is significant overlap between these frameworks. The international human rights framework is broader and is applicable in times of peace and conflict. Jointly, and not separately, they provide elements for the criminalization and prosecution of rape at the national level, in times of peace and conflict. 110. The harmonization of national standards with international standards has already started with respect to the Declaration on the Elimination of Violence against Women, general recommendation No. 35 (2017) of the Committee on the Elimination of Discrimination against Women, other recommendations provided by that Committee and by the Special Rapporteur on violence against women, its causes and consequences, and the Rome Statute (which has 123 States parties). Currently, the detailed harmonization process is being conducted under the Istanbul Convention by its 34 States parties, many of which have changed their definitions of rape in order to include lack of consent as its central element. 111. All States need to accelerate this harmonization process and incorporate international human rights standards on rape into their national laws on the criminalization and prosecution of rape with respect to all the constitutive elements of the crime of rape, which are interlinked and crucial for effective criminalization and prosecution, in accordance with the specific recommendations laid out in this report and further developed in and supported by the framework for model legislation on rape. 112. States should criminalize rape using a definition of rape that covers all persons, includes marital rape and all acts of penetration of a sexual nature, and explicitly includes lack of consent at its centre. Aggravating and mitigating circumstances should be revisited and aligned with human rights standards. 113. Prosecution should be pursued ex officio. Statutes of limitation should be abolished for rape in times of peace or conflict, or, at the very least, child victims should be able to report rape after reaching adulthood. Evidentiary rules of prosecution should significantly change to decrease impunity for perpetrators and increase the rate of prosecution, while protecting victims from revictimization. 114. States should repeal other laws that discriminate against women, which directly or indirectly contribute to legal gaps and stereotypes in the criminalization and prosecution of rape. States should abolish any provisions that criminalize consenting 18

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