Rape is being weaponised in Sudan's war with no justice in sight

With the conflict in Sudan now in its second year, the nation is mired in a devastating humanitarian crisis. Compounding the suffering is the use of sexual violence as a weapon of war to punish specific communities and allied militias, and to subjugate, terrorise, and break women and girls. The UN and local human rights groups have recorded numerous incidents of rape, gang rape, and sexual slavery. Many of the victims are children.

A humanitarian crisis of epic proportions

Since fighting erupted in April 2023 between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF), both sides stand accused of sexual assaults, although the majority of documented cases have been attributed to the RSF.

Marginalised ethnic groups have been subjected to gender-based violence as part of broader campaigns of persecution. Fighting has been especially intense in the Darfur region, where Human Rights Watch says the RSF’s targeting of non-Arab communities amounts to ethnic cleansing.

Women who have managed to escape across the border into Chad have shared harrowing experiences of being raped by militiamen, in some cases multiple times. Local activists say many are assaulted in front of family members.

Alarmingly, in November 2023, the UN shared credible accounts of women and girls being abducted, chained in “degrading slave-like conditions,” and “allegedly forcibly married and held for ransom” in parts of Darfur controlled by the RSF.

Alongside all of this, crimes committed by warring factions include kidnapping, torture, looting, and sectarian-based killings. UN human rights chief Volker Türk has described some of the violations as amounting to war crimes, while UN special adviser Alice Nderitu has warned of the growing risk of genocide.

Amid this dire situation, the World Food Programme reports 14 areas have been declared “at risk of famine” and over half the population - almost 25 million people - face “crisis” hunger levels. The UN Office for the Coordination of Humanitarian Affairs (OCHA) has described the crisis as being of  “epic proportions,“ with over 150,000 people killed and around 9 million displaced.

Rape survivors face stigma and victim blaming

In Sudan, women and girls are deterred from reporting sexual assaults to authorities due to victim-blaming, fear of retaliation, and the slim prospect of the state delivering justice. Cultural norms predating the war blame and shame victims instead of assailants. Survivors may face severe repercussions, including ostracisation and intimidation, adding to their distress and stopping many from seeking help. Systemic failings reinforce a culture of impunity and perpetuate sexual violence, with abusers rarely held accountable.

Strategic Initiative for Women in the Horn of Africa Network (SIHA) has highlighted the stigma and harassment faced by mothers subjected to sexual violence and children born from rape. These mothers endure significant psychological trauma, which often adversely affects their children. Tragically, many of those pregnant from rape are themselves minors.

Furthermore, survivors and sometimes their families are shunned by the wider community. Consequently, relatives may pressure survivors to remain silent or disown them to avoid social rejection. This can have devastating repercussions for those cut off from financial and emotional support.

Unwanted pregnancies and forced marriage

In some cases, survivors are compelled to marry their attackers to restore "family honour," opening them up to further abuse. Under Sudan's male guardianship system, a woman cannot independently choose her husband. Instead, a Muslim man arranges the marriage on her behalf, on the premise she has given explicit or implied consent. This facilitates forced marriages as it fails to guarantee the bride's genuine consent.

Armed conflict also incites child marriage, as it is seen as a survival strategy amidst worsening poverty and sexual violence, displacement, and insecurity. Early marriage exposes girls to severe risks, including unwanted pregnancies and marital rape. Adolescents who aren’t physically ready to bear children are more likely to suffer complications such as miscarriage, haemorrhage, obstetric fistula, and mortality.

War heightens these dangers by significantly reducing access to contraception and pre- and postnatal medical care.

A recent SIHA investigation uncovered a rise in forced pregnancies and seven related suicides, underscoring how the lack of psychological and medical support is having a devastating impact on victims.

Many healthcare facilities have been damaged, and those still functioning are often controlled by armed groups. In North Darfur, for example, almost three-quarters of victims identified by the African Centre for Justice and Peace Studies (ACJPS) were reported to be unable to get medical assistance because of severe shortages in supplies due to hospitals being plundered and delivery of aid prevented by fighting.

To address the gap, youth and women’s rights groups have established Emergency Response Rooms (ERRs). Staffed by dedicated networks of local volunteers, ERRs are playing a pivotal role in providing humanitarian responses. However, their efforts are hindered by the chaotic nature of the conflict, and volunteers face significant risks, including arbitrary arrest, beatings, rape, and murder by warring parties.

Lack of access to justice

Research by Equality Now examining discrimination against women and girls in family laws in African countries found Sudan’s legal system to be deeply patriarchal and one of the most conservative in North Africa. A strict interpretation of Islamic law, outlined in the Muslims (Personal Status) Act, permits the marriage of a Muslim girl once she has reached puberty. Non-Muslims follow the customary or religious laws of their community, with the Marriage of Non-Muslims Act setting the minimum age for marriage at 13 for non-Muslim girls and 15 for non-Muslim boys.

Sudan has historically proved resistant to legal reform, although there have been some positive developments in recent years, such as increased penalties for rape and the criminalisation of female genital mutilation. However, reoccurring conflicts have hindered efforts to remove sex discrimination in laws and improve implementation, and the government’s ability to function has been severely hampered, making it even harder to advocate for change and introduce new legislation.

Armed groups and the breakdown of civil order create huge challenges in enforcing existing laws. Impunity for perpetrators is further underpinned by sex discrimination in Sudan’s legal framework, weak political will to strengthen state protections for women and girls, and a lack of gender sensitivity in handling sexual violence cases. Additionally, the shortage of legal, medical, and social services means survivors don’t have the resources needed to pursue accountability.

Improving responses to sexual violence

Sudan's civil war demands urgent international attention and support for civil society organisations, ERRs, and healthcare providers. This should encompass financial aid and technical assistance to ensure these actors have the necessary resources.

It is essential that medical care is readily available to sexual violence victims to treat injuries, prevent sexually transmitted infections, and manage pregnancy-related concerns, including the provision of emergency contraception and abortion services. Training healthcare workers and emergency responders in gender-sensitive and trauma-informed care would improve support, and community outreach to address victim blaming and remove stigma is also key.

International engagement is critical to achieving a sustainable ceasefire. Both the RSF and SAF must be held accountable for abuses committed by their members and impartial investigations are needed to gather evidence and pursue prosecutions. Comprehensive data collection on sexual crimes would identify patterns of abuse, enable tailored responses, and help secure convictions.

In order for this to take place, law reforms should be introduced, and police, legal professionals, and judges need specialist training in techniques and methodologies drawn from best practices and international human rights law. In addition, survivors should receive help to navigate the judicial system.

Sexual violence must never be used as a weapon of war. Acknowledging these devastating crimes is crucial, and this involves listening to, validating, and assisting survivors. The international community must stand in solidarity with Sudan’s women and girls, ensuring they get the immediate and long-term support they need.

Nina Masore is a lawyer and Program Officer with Equality Now's End Sexual Violence team in Africa.

Follow her on X : @Ninamasore

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