This article seeks to know whether the Congolese system of repression of sexual violence has got some strengths. Indeed, the Democratic Republic of the Congo (DRC) is a post-conflict country that has suffered too much from the pangs of war, whose monstrosities are more noticeable in sexual violence. These infringements are serious insofar as they run counter to the universally accepted value of sexual freedom. Congolese criminal law is no exception to other criminal systems of comparative law. In this sense, Act No. 06/018 of 20 July 2006 modifying and supplementing the Criminal Code, has made a great deal of fundamental innovations (requalifying rape, including other offenses of sexual violence with many more serious penalties). The same applies to formal innovations (such as the victim 's right to initiate proceedings, the victim' s right to compensation, mandatory private session, irrelevance of criminal immunities in the event of sexual violence, prohibition of transactional fines, miscellaneous expert reports..). Finally, Act No. 09/001 of 10 January 2009 on the protection of children has criminalized certain other sexual assaults, mainly against a child. Such are the strengths of the Congolese penal system in the repression of sexual violence.
Congolese criminal justice encounters a lot of difficulties in the repression of sexual violence offenses. This concerns the slowness in the conduct of both pre-judicial and judicial instructions, and the failure to enforce criminal convictions. Factors favoring such non-fulfillment include delays in the delivery of judicial decisions outside the statutory time limit, the determination of the amount of compensation by the judge in accordance with his firm conviction, and the insolvency of convicted persons. To the facts stated above, we can add enforced execution against the condemned state, the procedural complexity required to execute a judgment, the very advanced state of disrepair and criminogeneity of the prisons, and houses of incarceration over the country also favor escapes. Evasion favors the non-execution of judicial convictions.
To remedy this, restorative justice is proposed to the Congolese legislator. Indeed this form of justice offers several restorative paradigms of both the perpetrator of sexual violence, as well as society and victims. Based on this, criminal mediation, penal composition, the Family Group Conference, the Restorative Conference, the Sentencing Circle, and community service are more appropriate to criminal justice against sexual violence in Democratic Republic of Congo.