Indicators of Discriminatory Motive in Crimes of Sexual Violence Against Women in Georgia European Scientific Journal ESJ

https://www.academia.edu/170574801/Indicators_of_Discriminatory_Motive_in_Crimes_of_Sexual_Violence_Against_Women_in_Georgia This article examines whether sexual violence should be understood as a crime motivated by gender-based discrimination and identifies contextual indicators for establishing a discriminatory motive in criminal proceedings. Drawing on international and regional human rights law, feminist legal theory and an analysis of Georgian judicial practice, it argues that sexual violence is not merely an act of individual aggression but a manifestation of systemic gender inequality and patriarchal power. The article demonstrates that discriminatory motive is often structurally embedded rather than expressed through overt hostility and therefore should be assessed through contextual indicators, similar to those used in hate crime analysis. It further argues that the existence of multiple motives does not preclude the recognition of a discriminatory motive. Finally, the article recommends strengthening the application of contextual analysis in Georgian criminal justice practice to improve the recognition of discriminatory motive in sexual violence cases and to advance survivor-centred and transformative justice.