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Male and female civilians may be subject to torture, but many studies show that war rape is more frequently perpetrated on women than men.Rape can also be recognized as genocide and/or ethnic cleansing when committed with the intent to destroy, in whole or in part, a targeted group; however, rape remains widespread in conflict zones.There are other international legal instruments to prosecute perpetrators but this has occurred as late as the 1990s.By using gang rape during armed conflict, militia group members: Brownmiller's thesis is that "War provides men with the perfect psychological backdrop to give vent to their contempt for women.The maleness of the military—the brute power of weaponry exclusive to their hands, the spiritual bonding of men at arms, the manly discipline of orders given and orders obeyed, the simple logic of the hierarchical command—confirms for men what they long suspect—that women are peripheral to the world that counts." She writes that rape accompanies territorial advance by the winning side in land conflicts as one of the spoils of war, and that "Men who rape are ordinary Joes, made unordinary by entry into the most exclusive male-only club in the world." Kelly Dawn Askin observes that increasingly, the victims of war are civilians.

The concept of "invasion" is intended to be broad enough to be gender-neutral and the definition is understood to include situations where the victim may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity.

Lawlessness during wars and civil conflicts can create a culture of impunity towards human rights abuses of civilians.

Wartime sexual violence is rape or other forms of sexual violence committed by combatants during armed conflict or war or military occupation often as spoils of war; but sometimes, particularly in ethnic conflict, the phenomenon has broader sociological motives.

Wartime sexual violence may also include gang rape and rape with objects.

However, these legal instruments have so far only been used for international conflicts, thus putting the burden of proof in citing the international nature of conflict in order for prosecution to proceed.

The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body." The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.

It is distinguished from sexual assaults and rape committed amongst troops in military service.

It also covers the situation where girls and women are forced into prostitution or sexual slavery by an occupying power.

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