Evaluating Law
When NST is not specifically and distinctly identified as a crime, there is no criminal data available to collect, therefore statistically, the crime of NST does not exist, and the women and girls, or other citizens, who have survived NST victimization are invisibilized.
Specific and distinct NST laws are necessary to ensure that persons who suffered NST have their legal rights upheld, to prevent a culture of impunity for the perpetrators, to insure informed police investigations and protection and to educate professionals and the community that NST exists.
The Patriarchal Divide
There is a patriarchal divide creating discrimination between persons who endure State torture and those who endure non-State torture. The ordeals of torture are the same, but socially, and legally the violent acts are treated differently.
According to the United Nations Committee against Torture (CAT), when States parties know that acts of torture are being committed by non-State actors and fail in their due diligence responsibilities of prevention, investigation, prosecution and punishment of such torturers the State should be considered as acquiescing in such impermissible acts under the CAT.