“She was wearing short shorts,” “She was drunk,” “She didn’t scream and didn’t call anyone for help,” “Women say “no,” but they mean “yes,” “Only “easy” women are raped,” “They’re boys, what’s surprising?” — ​​these and many other myths, stereotypical opinions, and misconceptions established in society fuel the culture of rape and, at the same time, strengthen the taboo on one of the most severe and hidden forms of violence, sexual violence.

Structural and systemic inequality, gender discrimination, and the unequal distribution of power between women and men are the main causes of violence against women, including sexual violence, identified by human rights activists. Ignoring these real causes, taboos, stigma, victim-blaming practices, ineffective justice, and distrust often force victims to remain silent.

In this article, we will summarize the myths, facts, research data, legislative gaps, and other barriers about rape, which often lead to impunity for perpetrators and ineffective justice.

“Rape Culture” 

UN Women defines “rape culture” as a social environment that allows sexual violence to be normalized and justified. This approach is driven by gender inequality and misconceptions about gender and sexuality. The context of different countries and societies is different, but the common fact is that rape culture is mainly fueled by patriarchal beliefs and the desire for power and control.

Victim blaming is part of rape culture. A recent thematic study conducted in Georgia (IMAGES) — Men, Women and Gender Relations shows that victim blaming is still widespread among respondents, especially men. For example:

• 20.2% of men believe that some women “want to be raped”;
• 21.2% of men attribute rape cases to the woman’s negligence. In this regard, the increase compared to 2019, when this figure was 14.4%, is particularly worrying;
• Every fifth man believes that the woman herself is guilty of rape, and every third man questions the reputation of the raped woman.

Although fewer men now (2024 – 35.1%; 2019 – 50.4%) believe that rape only occurs when a woman physically resists, myths about rape still hold strong and contribute to impunity for perpetrators.

“It’s been 20 years since that incident, but I still don’t want to remember that place. Even remembering it brings me great pain. In one of those deserted and dark places, a car stopped near me. I quickened my pace, but the car followed me. They were shouting nasty words at me from there. At first, I thought they would be satisfied with that and let me go, but suddenly, two men got out of the car and pushed me with all their strength, one in the arm, the other covering my face with their hands. There was no reason for that, I was so shocked that I didn’t even try to scream. They pushed me into the car and threw me in the back seat. The car started moving, one of them was driving, and I was held by the other on the backseat. When I came to my senses a little, I started begging, “Let me go.” I was drowning in tears of my own helplessness.”

This is the story of a woman who struggled with the trauma of rape for years and shared her experiences with the organization Sapari.

In this case, threats were the reason why the woman remained silent. There are cases where, due to rape culture, rape victims are unable to speak about the crime because they do not believe they will be believed, they distrust investigative agencies, or they are hindered by a possible ineffective justice system.

Widespread myths and misconceptions may influence the conduct of the case, the investigative process, and the judge’s decision, resulting in ineffective justice. Especially in a context where the current law on rape is problematic and does not comply with international standards.

Lack of Consent — a Legislative Gap

The Criminal Code defines rape as sexual intercourse with violence, threat of violence, or exploitation of the victim’s helplessness.

In 2022, the organization Sapari prepared a policy document regarding sexual crimes, which reads:

“Rape legislation in Georgia is discriminatory, inconsistent with international standards, and based on existing gender stereotypes that not only limit the criminal prosecution of rape cases, but also negatively impact the perceptions of law enforcement, victims, and perpetrators of what constitutes rape.”

According to the document, there is an international consensus on the definition: the European Court of Human Rights, the Committee on the Elimination of All Forms of Discrimination against Women, the Istanbul Convention, the Inter-American Court of Justice, and international criminal courts agree that definitions of rape and other sexual crimes should be based on the issue of consent.

According to the Istanbul Convention, state legislation must provide for the following definitions of crimes of sexual violence, including rape (Article 36):

• Performing vaginal, anal or oral penetration of a sexual nature into the body of another person without their consent, using any part of the body or object;
• Performing any other sexual act with a person without their consent;
• Forcing another person to engage in sexual activity with a third person without their consent.

What is also important is that consent must be voluntary, expressed freely, and not coerced.

The implementation of justice for crimes of sexual violence against women in Georgia was examined in 2020. This was the first report in Georgia to assess criminal proceedings for crimes of sexual violence in the light of the Istanbul Convention and human rights standards. This study examines one case that is an example of how legislative gaps and gender stereotypes of those responsible have led to impunity for sexual violence.

“The investigation confirmed (based on the testimonies of the victim and the witness, video recordings and other evidence) that the victim repeatedly refused the attempt to have sexual intercourse with the perpetrator, with whom she worked as an intern, “in a loud tone and a voice mixed with tears”. Despite the factual confirmation of the absence of consent, the prosecutor did not establish the elements of the crime, as he concluded that there was no element of the crime defined by any article (including Articles 19-139, 150 and 143 of the Criminal Code) based on a number of reasons, including “since [the victim] was wearing short shorts, [the alleged perpetrator] fondled her”; the victim “did not suffer physical harm,” “did not offer physical resistance”, “did not scream and did not run for help “didn’t call anyone.”

“These Are Not Just Statistics.”

“ეს არ არის უბრალოდ მშრალი სტატისტიკა“

Information about these two cases was published on the MIA website in July. Official statistical information on sexual violence by year is distributed as follows: 11 cases of sexual violence were recorded in the period January-June 2025, 45 cases in 2024, and 23 cases in 2023.

“This is a drop in the ocean. The real scale of sexual crimes in Georgia far exceeds the official statistics,” says Mari Varamashvili, a lawyer at Sapari. Mari specializes in criminal law and works on sexual violence cases. She says that the organization has a high volume of referrals for sexual crimes, especially pedophilia cases.

Mari cites various reasons why crimes are not always revealed — there is often distrust in investigative bodies, some have lost hope, some do not want to talk about it openly or live in a stigmatized environment, etc.

“Outdated stigmas, stereotypes, and views are actually not outdated. They are still not only among those around us, but in general, even within the system, I mean the investigative bodies, the defense attorneys themselves, who appear at the trial to defend the accused and still place the responsibility on the victim, that it was her will, she did not show caution; that she wanted to, she just changed her mind later, etc. These stigmas are the most important part of why women, as well as children [when it comes to pedophilia], cannot start talking.”

Learn more about consent in our materials:

“An Abuser Can Even Be a Partner” — What Is Consent and Why It Is Necessary

Quiz: How Well Do You Understand What Consent Means In Sex?

Another reason is the legal loophole that makes it difficult for women to prove the truth, says Mari. For an abuser to be held accountable, the law explicitly requires the victim to suffer injuries.

“They still demand that a woman resist, struggle, show bruises, and show clear and unambiguous signs of violence in order to appear before the court as a victim. At this time, in a completely helpless state, a person may simply be unable to resist and show no visible signs of violence, even though there is no will. When there is no will, as well as genuine and ongoing, clear consent, of course, we are dealing with rape.”

According to the Istanbul Convention recommendation, in cases of sexual violence, consent should be the main factor, and all other factors, such as traces of violence, should be further aggravating circumstances:

 

“There must be genuine consent. It must not be based on any coercive circumstances, that is, consent must not be expressed simply because the victim is afraid of being harmed. Consent must be genuine, consent must be clear. It must clearly state, it must be expressed in verbal language, that they agree. […] The fact that they simply did not speak out, were unable to refuse, does not mean that consent existed.”

In the case of sexual crimes, such as rape, in addition to introducing the concept of consent, the continuity of consent is also an important component.

“For example, there may be consent at the beginning of the act, but it is important that this consent continues until the end of the act. In the middle of the process, for example, she may not feel comfortable, express her refusal, and if the perpetrator does not stop at this point, this is clearly rape.”

According to Mari, when consent is not taken into account and the legislation is flawed, the approach must change, and crimes should not remain uninvestigated and unsolved just because the absence of consent is not enshrined in the legislation. In her opinion, the prosecutor’s office should file charges, for example, with the threat of violence, helplessness, use of violence, and then the case should go to court. It is unacceptable to demand defense and repulsion from the victim.

“There Were No Clear Signs of Violence” — Precedent-setting Decision in a Rape Case

Mari recalls a sexual assault case where the woman had no obvious signs of violence and the prosecutor’s office still charged the perpetrator, but the court considered the lack of consent and made a precedent-setting decision.

The woman agreed to meet the man during the dating stage, but did not agree to a sexual relationship either beforehand or later. The perpetrator locked her in the apartment and first physically assaulted her, then threatened to kill her and raped her.

“When the abuser took active action, the woman had no strength to resist. She was completely helpless, locked in the house. Due to the severe emotional factors of fear, paralysis, and exhaustion, she was unable to resist or take any physical action against the abuser.”

Part of the violence was when the perpetrator hit the victim, but the woman did not have any other injuries: excoriations, bruises, therefore, based on the legislative record, the part of the proof became difficult. When the woman appealed to the investigative body, the investigation was delayed solely because there were no traces of violence. The victim could not prove her truth and resorted to cover-up.

“We did everything we could to explain to the prosecutor’s office and the decision-making body that the crime had clearly occurred and the main starting point was the absence of will, the suppression of will. In that specific case, the fact that a person was locked in a room with an abuser who threatened to kill and did not inflict visible and obvious harm was completely sufficient to qualify it as rape and, accordingly, to file charges.”

The defense in the case also appealed that there was no injury. Due to a flaw in the definition of rape, the law does not physically allow for a charge to be filed based on lack of consent, but rather requires violence, threat of violence, or helplessness.

“This was a very important decision in the practice of the prosecutor’s office, which demands a lot of evidence, demands resistance, demands almost direct witnesses within the framework of the act, as well as damage. In this case, the verdict was based entirely on the testimony of the victim, that she had no motivation to invent it all. Also, in the verdict, the judge precisely and clearly confirmed that the victim’s consistency, her sincerity, her reasoning were sufficient, did not contradict anything, other evidence, and, at the same time, there was no motivation within which she would blame the accused for what happened.”

Mari says that this was a very important decision, both in terms of Sapari practice and in general.

“In addition to the fact that it was difficult for the prosecution to present charges, we also had no guarantee that the judge would consider all these circumstances and issue a guilty verdict.”

It is also noteworthy that this decision was upheld by the Court of Appeal.

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Questioning in a common space, repeating a traumatic story to several investigators, discriminatory questions or comments, for example, — “Why didn’t you resist, why didn’t you scream”?! — victims go through a long journey. In addition to the legal gap and problematic record, other systemic problems are also evident. The experiences of victims differ depending on whether they are on this journey alone or with a human rights defender.

“When a victim enters this battle, there are many difficulties at every stage, during all investigative actions. Even if a very good and empathetic environment is created, going through all this is difficult, both technically and emotionally. It is exhausting when you have to constantly prove yourself. It is damaging emotionally and physically. In order for the victim not to lose strength, desire and motivation in all this, it is very important that representatives of all circles cooperate and be oriented towards the interests of the victim.” 

Empathy from all three levels of the investigator, prosecutor, and judge is important in rape cases. Mari says that when it comes to sexual crimes, everyone needs to understand that this is not a statistic and it is not just a specific article — it is a person’s life with a difficult history, which, along with protection and response, definitely needs a sense of security.

“So that she doesn’t break down, doesn’t give up, doesn’t get so tired that she simply no longer has the desire and strength to go to trial and be questioned.”

In cases of sexual crimes, the rights of the victim’s lawyer during the trial are often limited. The defense often uses all means to accuse, break, and intimidate the victim. In such cases, there is a risk of retraumatizing the victim, and much depends on the judge.

Myths and Facts

“We call this a myth and a fact, but in the justice process this is discriminatory treatment, we also call it gender bias. When, based on gender stereotypes, participants in the process, decision-makers, are influenced by false beliefs and ideas and make different, harmful decisions regarding women who have experienced violence,” says lawyer Ana Tavkhelidze.

Ana is a Lane Kirkland scholarship holder. As part of this program, she has been researching the Georgian-Polish experience of administering justice in rape cases for the past year. Beyond legislation and practice, Anna also spoke in more detail about several common myths.

Myth: If the victim did not resist or fight the abuser, it means she consented and wanted sexual intercourse.

Fact: People react differently. Accordingly, the victim’s reaction can be the so-called Freeze response, or escape. It can also be losing consciousness, fighting. One of the reactions is the so-called Be Friend, when the victim tries to agree with the abuser in order to avoid more severe violence. However, this does not mean actual consent to sexual intercourse.

Myth: Women who are victims of violence lie about being raped and make false accusations.

Fact: Data from various countries, including the European Union and the United States, show that the percentage of false accusations is very low (approximately 2 to 8%). This percentage is exactly the same as in other categories of cases, such as theft, assault, financial crimes, etc. In other words, rape cases are no different in this regard, and the idea that false accusations or false accusations are common is not supported by either statistical data or research.

Myth: Sexual violence cannot occur between husbands and wives or partners.

Fact: Intimate partner rape is very common, including in Georgia. It is explicitly prohibited by law and is considered a crime committed against a family member, which carries more severe penalties.

“Unfortunately, awareness is very low and this culture, cases of husbands raping their wives, are normalized, so to speak. In many cases, women cannot even identify that this is rape, because they consider it the husband and wife’s obligation to consent to sexual intercourse. Accordingly, it is very important that the state actively work in this area to raise awareness,” says Ana Tavkhelidze.

Myth: Men are not victims of sexual assault.

Fact: If we look at the statistical data, we will certainly find boys among the victims, especially in cases of sexual violence against children.

Myth: The victim was wearing “provocative” clothing, which means she asked for it, provoked the abuser.

Fact: This approach aims to blame the victim and exonerate the perpetrator. If we look at cases of sexual assault and rape, especially in terms of clothing, there is no sign or evidence that only those people who dress in a stereotypically “provocative” way become victims of sexual assault. Especially when we have such a high rate of sexual assault and rape against children, this argument serves the sole purpose of exonerating the perpetrator and shifting the responsibility to the victim.

Myth: Cases of sexual assault and rape most often occur in public spaces, outdoors.

Fact: Rape and sexual assault cases very often occur within close relationships. It can happen at home or in places where a person should feel safe.

Myth: The victim’s reaction to rape must be crying.

Fact: People can react in different ways. Going to a party or, for example, a beauty salon after a woman has been assaulted means absolutely nothing and should not affect the assessment of the fact of assault.

“I remember one case from my practice when, for example, a woman who came for a consultation told me a story of rape with laughter. I was a beginner lawyer at the time and was very surprised by such a reaction, but my experienced colleagues explained to me that this is, among other things, a stress reaction and people tell stories differently. A coping mechanism may be for people to tell stories of violence as a joke or to present them as if it were not something serious, although of course, this does not diminish the seriousness of the incident and the gravity of the crime. We should simply remember that people react differently after violence,” says Ana Tavkhelidze.

During investigative interviews or court proceedings, discriminatory questions about the victim’s personal life, sexuality, and sexual behavior are common. Anna tells us that one of the most frequently asked questions is whether the woman who experienced violence received pleasure during the rape.

“The latest decision of the European Court of Human Rights is very important. There was the Moldova case, where the Strasbourg Court directly stated that this question is legally irrelevant in this context and serves the sole purpose of somehow shifting responsibility to the victim. This is a manifestation of a stereotypical attitude towards female victims.”

Anna says that discriminatory and stereotypical attitudes on the part of prosecutors can also be reflected in the decisions they make. For example, they may not recognize a person as a victim, or not recognize them with the proper qualifications, as well as evaluate evidence in a discriminatory manner or not initiate criminal prosecution.

“Stereotypical attitudes can be reflected in the fact that the victim’s testimony, which is often the only key piece of evidence, is considered unreliable by the judge and not shared as evidence, because, for example, the victim did not go directly to the police after the sexual assault, or went, say, to a party, or did something that, in the judge’s assessment, does not fit into the framework of an “ideal victim”. This means that, in effect, the judge considered this evidence to be non-existent and then issued an acquittal based on this.”

Ana also talks about legislative gaps and names both the definition of rape and the fact that it is not regulated as rape; there is no direct record of a case where one person forces another person to have sexual intercourse with another, a third person.

Among other legislative gaps, there are no measures to protect victims, Ana tells us. For example, in rape cases, when an adult victim enters the courtroom, they have to come into contact with the perpetrator. During the trial, the perpetrator can ask the victim questions, which increases the risk of re-victimization.

In addition, the lawyer notes that some of the evidence is problematic. According to her, both domestic violence cases and sexual violence cases are characterized by a lack of evidence. Ana also says that this is not just a Georgian challenge, this situation is everywhere.

“Requiring an unreasonably high standard of proof means that rape cases effectively go unpunished, and this is, conversely, detrimental to the elimination of sexual violence.”

The suspension of the European integration process, Russian laws, the court clan, attacks on NGOs, the removal of the word “gender” from legislation – Ana also links recent political processes and legislative changes to the inadequate response to sexual violence cases.

“Russian law and, now, the adoption of the new Russian law, the so-called FARA, significantly harm and hinder the process of administering justice. The process of administering justice — when we use this term, we mean the process from identifying the case, making a report, to the execution of decisions. In many cases, women who have experienced violence find it difficult to go to the police on their own and it takes them years to find the strength to file a report. They need qualified legal assistance, psychological assistance, medical services, which are very expensive in Georgia. […] Those who have filled this gap, so to speak, are the civil sector, non-governmental organizations.”

Ana tells us that after the adoption of Russian laws, the most vulnerable groups — women, children, people with disabilities — who used to receive these services free of charge from NGOs remain unprotected. Suspending the European integration process also means suspending the process of bringing the legislative framework into line with EU standards, which will harm, among other things, the protection of women’s rights.

“Removing the word ‘gender’ from documents is an attempt to erase the concept of gender. No matter how much they erase it from the law, they cannot change or erase this reality and factual circumstances.” 

“The words ‘gender’ and ‘sex’ cannot be equated, because gender is a much broader term and in the context of violence it covers, in most cases, violence committed based on gender roles, and that is why we say in cases of sexual violence that, according to international law, this is discrimination on the basis of gender, because women are most often the victims of sexual violence.”

In the recommendations section, Ana first of all names the repeal of those Russian laws that target NGOs and the media. Also, the need for judicial reform for an independent justice system, changing the definition of rape, and eliminating legislative gaps related to sexual crimes. In addition, raising awareness in society and retraining professionals through systematic and continuing education.

Recommendations to End Rape Culture

UN Women has put together several ways to combat rape culture. These include: listening to and supporting survivors, informed and voluntary consent, and avoiding words and phrases that blame victims, dehumanize women, and justify sexual harassment.

“What a woman was wearing, what she drank and how much, where she was and when, cannot be considered consent and justify rape.”

Among the recommendations is also a review of the perception of masculinity, including actions that consider violence and dominance as “strong”, “manly” actions.

A broader understanding of rape culture, active witnessing, zero-tolerance policies towards sexual harassment and violence in workplaces and beyond, raising awareness and talking to family members, friends, and future generations — are also important parts of eliminating this problem.

“Rape is not a funny story. Joking about it trivializes sexual violence and makes it difficult for victims to speak out about it. Humor that normalizes and condones sexual violence is unacceptable. Condemn it.”

The main recommendation remains, again and again, consent, which should be the starting point in a relationship.

If you are a victim of violence or have information about violence, you can contact the police or call various organizations that will help you for free:

• 112 — Emergency number. The line is free and works 24 hours a day. You can also download the mobile application “112”;
• 116 006 — hotline operating to provide advisory services to citizens;
• 1481 / 032 299 58 98 — Public Defender’s Office;
• +995 32 233 13 56 — Partnership for Human Rights;
• 599 40 76 03 — Sapari;
• 595 190 303 — Women’s Initiatives Support Group (WISG).