Political rape as persecution: a legal perspective

The use of rape as a tool of persecution is not new, but recognition of the political rape of women as a violation of internationally protected human rights and as a basis for political asylum is. Over the last several years, a number of advances have been made, including human rights instruments that recognize the need to protect women from rape and other sexual abuse; guidelines from the United Nations High Commission for Refugees and several countries that acknowledge the political nature of rape and the difficulties experienced by women attempting to assert claims to asylum based on rape or other sexual abuse; and a number of important decisions by individual governments to provide protection to survivors of rape. Legal advancements for women in this area have depended largely on the assistance of medical and psychological experts who have been able to educate adjudicators and advocates on the effects of sexual harm, provide expert testimony in individual asylum cases, and provide critical treatment and support to survivors as they work their way through the process of obtaining legal protection.