A/HRC/47/26 Exceptions could include consensual intercourse between a child aged under 18 and a child older than 14 and younger than 16; (d) 3. Estupro provisions, where they exist, should be abolished. Sentencing and aggravating and mitigating circumstances 86. Sentencing for rape is closely related to the application of aggravating and mitigating circumstances that may increase sanctions by a third or more of the imprisonment time. According to the results of the questionnaire, rape is sanctioned with imprisonment in the vast majority of States. In the majority, the minimum sentence for non-aggravated rape is between 1 and 10 years’ imprisonment. In approximately a third, the minimum sentence ranges from 11 to 20 years. In a smaller group, a maximum sanction of a life sentence may be applied. 87. Fines are also used as sanctions. In many cases, they are applied in addition to the prison sentences,61 while in only three States (Armenia, Indonesia and Netherlands), fines may be imposed as an alternative sanction to imprisonment. Some States have listed as an aggravating circumstance the perpetrator being a current or former spouse or intimate partner. In a minority of States, when there are aggravating circumstances, the death penalty may be applicable. 88. There are various mitigating circumstances, and many of them are not consistent with international human rights standards. Some are general: for example, a perpetrator may receive reduced sentences when tempted by the conduct of the victim, 62 or when the perpetrator is the victim’s spouse (for example, in Myanmar, Nepal and Togo). Such mitigating circumstances are not in line with human rights standards. 89. A most worrying mitigating circumstance, entailing the reduction – or even cancellation – of sanctions, is that of a perpetrator marrying their victim, also known as “marry your rapist” provisions. While some States recently passed amendments to abolish these provisions (such as Jordan and Tunisia), others retain them (such as Iraq, Libya and Philippines). In the Syrian Arab Republic, marrying the victim may reduce a perpetrator’s sentence. In Lebanon and Madagascar, there remain exceptions for statutory rape when there was a promise of marriage, and in Morocco judges have discretion to determine mitigating circumstances if the punishment is too severe, which in practice may include exempting perpetrators from punishment if they marry their victim. 90. The Special Rapporteur makes the following recommendations: (a) Rape should be sanctioned in a way commensurate with the gravity of the offence, and the use of fines as the only sanction should be abolished;63 (b) States should include among aggravating circumstances the following situations: the perpetrator is a current or former spouse or intimate partner, or a family member, or the perpetrator abuses power or authority over the victim; the victim was or was made vulnerable, the victim was a child, or the act was committed in the presence of a child; the act resulted in physical and/or psychological harm for the victim; the act was committed by two or more people; and the act was committed repeatedly, with the use of violence, or with the use or threat of use of a weapon; (c) States should review and abolish all mitigating circumstances that are not in accordance with human rights standards, especially “marry your rapist” provisions, and cease their application on the basis of gender stereotypes and myths on rape. 61 62 63 Bangladesh, Burkina Faso, Colombia, India, Indonesia, Lebanon, Madagascar, Myanmar, Norway, Oman, Pakistan, South Sudan, Sri Lanka, Togo and United Republic of Tanzania. For example, in Armenia, Democratic People’s Republic of Korea, Lithuania, Russian Federation and Switzerland. In Andorra, Chile and Indonesia, mitigating circumstances include the victim contributing to the crime or provoking the perpetrator. In accordance with general comment No. 36 (2018) of the Human Rights Committee, sanctions should exclude the death penalty. 15