Special Rapporteur on violence against women, its causes and consequences, Dubravka Šimonović, ‘Rape as a grave, systematic and widespread human rights violation, a crime and a manifestation of gender-based violence against women and girls, and its prevention’, A/HRC/47/26, 19 April 2021

Criminalisation and prosecution of rape at national level. Definitions of rape based on lack of consent.

General Recommendation 19 CEDAW
General Recommendation 35 CEDAW

1. Criminal provisions on rape should specify the circumstances in which determination of lack of consent is not required or consent is not possible; for example, when the victim is in an institution such as a prison or detention centre, or is permanently or temporarily incapacitated owing to the use of alcohol and drugs.