Defining Rape: A Means to Achieve Justice in the Special Court for Sierra Leone

The SCSL should adopt a definition of rape that best balances the competing interests of promoting human dignity, gender equality, and victims' rights, on one hand; and providing due process to defendants, on the other hand. Part I of this paper briefly describes the conflict in Sierra Leone and analyzes the relevant SCSL provisions-the Special Court's Statute and Rules of Procedure and Evidence. Part II describes the international precedent developed by the ICTR, ICTY, and ICC. Having explored the provisions and goals of the SCSL and the international precedent, Part III presents several issues the SCSL must consider when choosing a definition of rape and argues that adopting a broad definition of rape, similar to the definition set forth by the ICTR, will best serve the goals of the SCSL.