Consultancy: Analysis of Evidentiary Issues in Sexual Violence Cases from a Human Rights Perspective

TERMS OF REFERENCE

Consultancy:  Analysis of Evidentiary Issues in Sexual Violence Cases from a Human Rights Perspective

Position: Consultant  – Analysis of Evidentiary Issues in Sexual Violence Cases

Duration: Up to 12 working days in the period of June - November 2026
Location: Remote +/-5 hours GMT
Reporting to: Associate Director of Gender-based Violence

A. Background

Equality Now is an international human rights organization that works to achieve legal and systemic change to end violence and discrimination against women and girls worldwide. The organization does international and regional advocacy and collaborates with grassroots groups, human rights organizations, and individual activists to promote gender equality through legal and policy reform. Its core areas of work include ending gender-based violence, including sexual exploitation, harmful practice, and discriminatory laws.

Within its Ending Gender-Based Violence program, Equality Now promotes strong legal frameworks and effective justice systems that deliver accountability in cases of sexual violence. As part of this work, Equality Now is developing a global guide that identifies key categories of evidence, analyzes common evidentiary challenges, and highlights best practices concerning evidence in the investigation, prosecution and adjudication of sexual violence cases. The guide aims to improve access to justice for survivors.

Equality Now seeks to engage current or former legal practitioners as consultants to contribute domestic and regional-specific analysis. Consultants will identify key evidentiary challenges, propose practical solutions, and highlight effective domestic practices. Applications are welcome from practitioners in Africa, Arab States (rather than middle east), Asia and the Pacific, Europe and Central Asia, and Latin America and the Caribbean. 

B. Objective of the Consultancy

The consultancy aims to generate country- and/or region-specific analysis on the collection, presentation and assessment of evidence in sexual violence cases, including practical approaches and jurisdiction-specific examples, from a human rights perspective. 

This analysis will inform the development of a practical guide for legal practitioners and criminal justice actors, including investigators, prosecutors, judges, legal aid providers, and survivor advocates on how to address cases of sexual violence based on international human rights standards.

In jurisdictions with consent-based definitions of sexual violence, the consultant, among others, will provide progressive examples of how lack of consent can be established beyond evidence of physical force or victim resistance. In jurisdictions where criminal laws have not yet been brought into compliance with consent-based international standards, the consultant will identify practical evidentiary approaches that can help practitioners better argue survivors’ cases within existing legal frameworks, while avoiding reliance on stereotypes, victim-blaming assumptions or unduly narrow force-based interpretations of sexual violence.

C. Scope of Work and Responsibilities

Consultants will respond to the questions developed by Equality Now, which will include the following issues:

1. Identify Key Categories of Evidence 

Analyze specific categories of evidence used in your country or region to substantiate the crime of sexual violence, and describe challenges commonly associated with each.  This can include:

1. Testimonial evidence; 
2. Evidence that challenges the credibility of the accused or defense witnesses ; 
3. Evidence of coercion, coercive circumstances, and contextual factors that may negate free and voluntary consent ; 
4. Evidence of the impact of sexual violence on survivors; 
5. Expert evidence, including medical, psychological, and forensic examinations; and
6. Evidence specific to survivors with psycho-social disabilities.

1. Identify evidentiary challenges  

Examine legal and practical barriers affecting the use and interpretation of evidence. This may include:

1. Rules on admissibility and relevance 
2. Judicial approaches to weighing and interpreting evidence 
3. The role of contextualisation in assessing facts and survivor behavior 
4. Corroboration requirements and other practices that, in effect, shift the burden onto victims 
5. Evidentiary rules and/or practices that may reinforce harmful stereotypes and create barriers to effective investigation and prosecution, such as the use of a survivor’s sexual history.

1. Propose reforms, strategies, or examples of effective practice that address the identified challenges.
2. Ensure Quality and Accuracy 
   1. Verify that all research is accurate, current, and reflects the most up-to-date legal frameworks in each country or jurisdiction referenced.
   2. Provide credible sources and references, including citations to laws, judicial decisions, case law, articles, and other materials. Include relevant page or paragraph numbers. Where online sources are used, include active hyperlinks.
3. Consultants may be invited to attend a workshop to support the finalization of the guide.  The workshop is tentatively scheduled for September 2026 in Istanbul. 
   

D.  Qualifications and Experience 

Equality Now seeks qualified and experienced consultants with the following profile: 

• Law degree.
• Demonstrable experience as a practitioner or former practitioner, including as an investigator, prosecutor, judge or lawyer, with direct experience working on sexual violence cases, including representing survivors or handling such cases, in one or more of the above-mentioned jurisdictions. 
• Excellent written legal, analytical and critical thinking skills.
• Exceptional written legal communication skills, including experience producing high-quality research reports for legal advocacy.
• Proficiency in English.

• Ability to work independently and remotely.

E. Timeline

Start Date:
1 June 2026

Submission of written analysis:  30 June 2026

Equality Now will provide comments on the first draft. Following receipt of Equality Now’s comments, the consultant will address the comments and submit a revised draft within one week.

Workshop (tentative - subject to need):  September or October 2026, Istanbul 

Reporting - The Consultant will work under the supervision of the Senior Legal Advisor (Global) and report to the Associate Director, End Sexual Violence. 

F. Remuneration

Equality Now will pay consultants USD 300 per day for up to 7 days of work for the first draft deliverable and an additional 3-5 days to address Equality Now’s comments and feedback on the draft deliverable. This amount includes all applicable taxes. Payment will be made as a lump sum upon submission of the completed written deliverable.

G. HOW TO APPLY

Interested applicants should submit a single PDF document in English containing:

• A CV (maximum three pages), clearly  demonstrating experience as a practitioner or former practitioner, including as an investigator, prosecutor, judge or lawyer, with direct experience working on sexual violence cases, including representing survivors or handling such cases,
  
• A technical proposal of three to four pages outlining:
  
  • Understanding of the assignment
  • Proposed scope and areas of focus:
    • Country or region they propose to cover; 
    • Any specific thematic expertise relevant to the consultancy (eg: consent-based frameworks, evidentiary reform, survivors with disabilities, etc)
    • Any particular evidentiary issues or developments they believe warrant focused analysis
  • Proposed methodology 
  • Work plan and timeline
    
• A sample of comparable reports produced 
• Names and contact information for two professional references

Please visit the EN website to apply: https://equalitynow.org/equality-now-jobs/  

Deadline for applications: 11 June 2026