A/74/148
study by the World Health Organization (WHO), in practice, the risk of sexual
violence at the hands of intimate partners, members of the victim’s household or
persons known to them is significantly higher than at the hands of strangers. 34 As far
as children are concerned, approximately 18 to 19 per cent of women and 8 per cent
of men report to have been sexually abused during childhood. 35 Moreover, studies on
marital rape indicate a prevalence of 10 to 14 per cent among all married women and
40 to 50 per cent of battered women. 36 Transposed globally, those figures suggest that
hundreds of millions of children, women and men are likely to have been or to
currently be exposed to sexual abuse. That disturbing extrapolation becomes even
more devastating considering that, given various barriers to reporting and recording
such incidents, the figures are likely in fact to be a considerable underrepresentation
of the true scale of the problem. The Special Rapporteur has repeatedly affirmed that
sexual violence amounts to cruel, inhuman or degrading treatment and, in some
circumstances, even to torture (A/HRC/13/39/Add.5, para. 53; A/72/178, para. 34). 37
31. In the view of the Special Rapporteur, any form of sexual violence constitutes
cruel, inhuman or degrading treatment or punishment, and amounts to torture when it
intentionally inflicts severe pain or suffering on a powerless person for purposes such
as obtaining information, coercion, punishment or intimidation, or for any reason
based on discrimination of any kind, including mere se xual or sadistic gratification
or unequal gender power relations.
D.
Psychological and emotional violence, including coercive control
32. Domestic violence can include various forms of severe and/or systematic
psychological or emotional violence. Psychological or emotional violence can include
verbal assault, serious neglect, enforced isolation from the outside world, persistent
ridicule, the use of intimate information to threaten or degrade and “gaslighting” – a
form of psychological manipulation seeking to make a person question their own
memory, perception or even sanity – through persistent misdirection, lies or other
attempts to destabilize and create self-doubt. Emotional and psychological violence
targets the emotional and psychological resilience, stability and well-being of the
victim and is often a precursor to, or inflicted in combination with, physical violence.
33. States are also increasingly recognizing and addressing the phenomenon of
“coercive control”, which can be understood as an act or a pattern of acts of assault,
threats, humiliation and intimidation or other abuse that is used to harm, punish or
frighten their victim, with a view to coercing or controlling them. Thus, for example,
“coercive” behaviour has been described as encompassing psychological, physical,
sexual, financial and emotional abuse, and “controlling” behaviour as making a
person subordinate and/or dependent by isolating them from sources of support,
exploiting their resources and capacities for personal gain, depri ving them of the
means needed for independence, resistance and escape and regulating their everyday
behaviour. 38
34. In the view of the Special Rapporteur, psychological and emotional violence,
including coercive control, amounts to cruel, inhuman or degra ding treatment or
__________________
34
35
36
37
38
12/23
WHO, Multi-country Study on Women’s Health and Domestic Violence against Women (Geneva,
2005).
M. Stoltenborgh et al, “A global perspective on child sexual abuse: meta-analysis of prevalence
around the world”, in Child Maltreatment (2011), pp. 79–101.
E.K. Martin et al, “A review of marital rape” in Aggression and Violent Behaviour (2007).
Office of the United Nations High Commissioner for Human Rights, fact sheet No. 4 (Rev.1),
Combating Torture (2002), pp. 31–32.
United Kingdom domestic abuse bill (2019).
19-11892
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