Clothes on Trial: M.G.C. and the Need to Combat Rape Stereotypes

Those who think stereotypical beliefs about rape are a thing of the past will probably be surprised to read the domestic reasoning in cases that have recently reached Strasbourg. Allusions to women’s “immoral” behavior in I.P. v. the Republic of Moldova and insinuations that women should have resisted “by scratching or biting” in Y. v. Slovenia show that these beliefs continue to pervade domestic justice (see here and here). M.G.C. v. Romania is the latest example of the tenacity of harmful stereotypes in domestic assessments of rape complaints. The domestic courts found that the applicant – eleven years old at the time – had “provoked” the alleged perpetrators to have sex with her largely because she was “scantily dressed.”

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