It is estimated that nine out of 10 rapes in the United States are unreported. Of the 10% that are funneled into the slow-moving justice system, only a fraction make it through a successful prosecution. Sexual violence is by no means controlled in this country.

But in the Democratic Republic of Congo (DRC), sexual violence is an epidemic. The number of rape victims in the DRC far exceeds that of the United States. And the particular violence to which those women are subjected is coupled with HIV transmission.

It would be easy to blame the explosion of sexual violence in the DRC on cultural differences between African and North American perceptions of women and women’s rights. In fact, some researchers have. But the truth is that the outbreak of violence in the DRC has decimated what rule of law enforcement existed in the country. Without a framework to prosecute sexual violence, even if that framework functions as badly as it does in the United States, those perpetrating violence do so without any repercussions, from the law or from their community.

The damage to rule of law is potentially one of the most significant casualties of war. The DRC is an example of this. The process for reporting sexual violence, the tools to investigate rape and the infrastructure to counsel victims create a machine that, while not often leading to convictions, deters individuals from committing crimes. It sends the message that there is social disapproval of sexually violent practices and those who engage in those practices risk serious consequences. Admitting an individual into the system, irrespective of the consequences, is an effective means for deterring first time offenders and curbing repeat offenders.

Rule of law is not just a police force rounding up perpetrators of violence. It is a complex system of enforcement, judges, court employees, lawyers, law schools, lawmakers and individual citizens with the necessary information to use the various legal tools available to them. Creating a “rule of law” from scratch is an almost impossible task. The systems that do exist may be so rife with corruption and inaction that they must be replaced altogether.

There are some strides being made to bolster rule of law in the DRC. Secretary of State Hillary Clinton called upon President Kabila to prosecute sexual violence in the country. The American Bar Association (ABA), funded, in part, by the Dutch government, has established mobile courts to travel the areas of the DRC worst hit by violence. The ABA is also funding special scholarships for women studying law and other justice sector professions. This is particularly important because women are more likely to report sexual violence to other women.

The prosecution of sexual violence is ineffective in even the best circumstances. But the presence of the rule of law and the systems that maintain it are essential to deterrence. Simply having basic services like a functioning police force and operating court systems will go far in protecting the women of the DRC.