ABSTRACT
Rape is the only Crime Against Humanity where genuine consent is still an issue. The focus for most court members in cases of rape and sexual violence was on the survivor's performance and on the extent of evidence; these were the main challenges they felt they had to deal with in order to gain a conviction. Most national judges that were interviewed in the War Crimes Court (WCC) stated that the chance that they will convict someone for at least ten years which is the lowest sentence for rape without corroborative evidence is nearly zero. A great deal of sympathy is directed towards witnesses testifying about rape and sexual violence, since it involves 'private matters', the dangers of re-traumatization, and effects on their lives afterwards. The main reason for asking the question of whether rape was the worst crime for women was to probe how entrenched among court personnel was the conviction that it was.
