F. OTHER HARMFUL ACTS Acts causing harm or intending to cause harm to the victim, such as: rape, sexual assault and other forms of sexual violence; death threats; threats to physical or mental integrity; interference with freedom of opinion; undue restrictions of freedom of expression; interference with the media; hate speech and incitement to national, racial or religious hatred, denial of right of peaceful assembly; denial of right to form and join associations; interference with associations; and arbitrary or unlawful interference with privacy; by State actors or other actors acting with the State’s permission, support or acquiescence who were motivated by the victim, or someone associated with the victim, engaging in activities as a journalist, trade unionist or human rights defender, or by persons or groups not acting with the support or acquiescence of the State whose harmful acts were either motivated by the victim engaging in activities as a journalist, trade unionist or human rights defender, and/or met by a failure of due diligence on the part of the State in responding to these harmful acts, such a failure motivated by the victim or associate engaging in activities as a journalist, trade unionist or human rights defender. Inclusions: Rape; sexual assault; 0301 Sexual Violence + other acts of sexual violence 21 Unwanted sexual act, attempt to obtain a sexual act, or contact or communication with unwanted sexual attention without valid consent or with consent as a result of intimidation, force, fraud, coercion, threat, deception, use of drugs or alcohol, or abuse of power or of a position of vulnerability. - Exclusions: Acts of abuse of a position of vulnerability, power or trust, or use of force or threat of force, for profiting monetarily, socially or politically from the prostitution or sexual acts of a person (0302); coercion (0205); prostitution offences, pornography offences and other acts against public order sexual standards such as incest not amounting to rape and exhibitionism (0802); assaults and threats (0201); slavery and exploitation not amounting to injurious acts of a sexual nature (0203); TIP for sexual exploitation (02041); harassment and stalking (0208) Inclusions: maltreatment through physical abuse or mental cruelty; 21 This listing comes from the Rome Statute in relation to the commission of war crimes: Rome Statute arts. 8(2)(b)(xxii) and 8(2)(e)(vi).International humanitarian law instruments have not been as explicit in relation to all forms of sexual assault. However, there has been recognition that rape and other forms of sexual assault are expressly prohibited under international humanitarian law: too International Criminal Tribunal for the former Yugoslavia, Prosecutor v. Delalić and others, IT-96-21-T, Trial Chamber, Judgment, 16 November 1998, para. 476. 16