Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
Peru’s Human Rights Charter of the Security Forces (1991) lists the prohibition of sexual violence against women and children as one of the ten basic rules.
Peru’s IHL Manual (2004) states: “Women must be especially protected against any attack on their honour, in particular against rape, enforced prostitution or any other form of indecent assault.”
Peru’s IHL and Human Rights Manual (2010) states: “Women must be especially protected against any attack on their honour, in particular against rape, enforced prostitution or any other form of indecent assault.”
In a section on the relationship between IHL and human rights law, the manual states:
There are … principles common to the  Geneva Conventions and human rights law which represent a minimum level of protection to which every human person is entitled … [including] [r]espect for … physical and mental integrity …
Regarding these fundamental guarantees there is no exception whatsoever and they are binding both in times of peace and in times of armed conflict.
In a section on the human rights obligations of the security forces, the manual further states: “Do not commit sexual abuse.”
In the same section, the manual also states:
Sexual abuse is understood as abuse which violates the sexual liberty of another person by means of force, violence or serious threat, [and] which obliges the person to give carnal access to the vagina, anus or mouth or which carries out similar acts by introducing objects or body parts in the vagina or anus.
Peru’s Regulations to the Law on Internal Displacement (2005) states:
Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:
k) Be protected against … gender-based violence and sexual exploitation.
l) Be protected against crimes of sexual violence and abuse against women and their families.
Peru’s Code of Military and Police Justice (2006) states:
Any member of the military or police who in the context of an international or non-international armed conflict:
4. Subjects [one or more persons] to rape or sexual slavery, enforced prostitution, enforced sterilization, forced marriage or cohabitation as a partner, shall be imprisoned for a period of no less than six and no more than 15 years.
The same penalty shall be imposed for the unlawful confinement of a woman protected by international humanitarian law who has been forcibly impregnated with the intent of affecting the ethnic composition of a population, or who has been forced by means of violence or serious threat to have an abortion.
This article is no longer in force. Along with certain other articles in this legislation, it was declared unconstitutional by the Constitutional Court (en banc decision for case file No. 0012-2006-PI-TC, 8 January 2007) because it does not stipulate a crime committed in the line of duty that would fall under the jurisdiction of a military court pursuant to Article 173 of Peru’s Constitution.
Peru’s Decree on the Use of Force by the Armed Forces (2010) states:
With respect to the persons mentioned above [i.e. persons not directly participating in hostilities or who have laid down their arms as well as persons placed hors de combat by illness, wounds, detention or any other reason], the following actions are prohibited anytime and anywhere:
b. … sexual violence.
f. Threats to carry out any of the aforementioned acts.