Unmasking Discriminatory Motive of Perpetrators of Sexual Violence through a Feminist Analysis

Author : Tamar Dekanosidze

Abstract :This paper explores the overlooked concept of discriminatory motive in sexual violence crimes through the lens of feminist legal theory, international jurisprudence, and human rights law. While sexual violence is commonly prosecuted as a violation of a person’s sexual integrity, this work argues that criminal justice systems should understand it as patriarchally motivated behavior rooted in systemic gender-based discrimination, influencing charging and conviction. Drawing on key legal cases such as Tkhelidze v. Georgia, A. and B. v. Georgia, and Prosecutor v. Kunarac, the paper demonstrates that international courts have increasingly laid the groundwork for recognizing sexual violence not merely as interpersonal violence, but as a form of gender-based discrimination and inequality. Through an analysis of international instruments such as CEDAW, European Court and the Istanbul Convention, as well as hate crime law frameworks from OSCE ODIHR, the paper offers a roadmap for identifying sex/gender-based discriminatory motive in sexual violence cases. It does so by examining bias indicators and situating the act within the broader context of inequality and structural discrimination. The paper argues that, despite limited jurisprudence, discriminatory motive in sexual violence should be understood in similar terms to other bias-motivated crimes and treated on par with homophobic or racist violence, given the role of patriarchal norms and structural inequality in perpetuating such acts.

Keywords :sexual violence, discriminatory motive, feminist legal theory, gender bias Keywords: international law, patriarchal norms, CEDAW, hate crime, structural inequality

Conference Name :International Conference on Feminism and Gender Studies (ICFGS-25)

Conference Place Austin, Texas

Conference Date 2nd Jun 2025