Thursday, June 12, 2025
No Result
View All Result
News Report  Zimbabwe
  • News that Matters
    • News
    • Health and Diseases
    • Technology
    • Religion
    • Horror and Disaster
    • Elections 2023
  • Crime and Courts
  • Celebrity
  • Sports
  • Mjolo
  • Breaking News
  • News that Matters
    • News
    • Health and Diseases
    • Technology
    • Religion
    • Horror and Disaster
    • Elections 2023
  • Crime and Courts
  • Celebrity
  • Sports
  • Mjolo
  • Breaking News
No Result
View All Result
News Report  Zimbabwe
No Result
View All Result
Home News

Gaps in ra*pe laws in Africa are enabling perpetrators to avoid punishment

December 3, 2024
0
He prayed, then r@ped me – woman testifies at bishop’s trial

Across Africa, r@pe is one of the most common crimes. New research reveals how inadequate criminalization of rape, weak legal implementation, ra*pe myths, and victim-blaming are just some of the barriers to justice that survivors face. These obstacles prevent many cases from reaching court, with even fewer resulting in convictions, allowing the majority of perpetrators to go unpunished. This leaves survivors vulnerable without access to justice and support services they urgently need.

These are some of the stark conclusions in Barriers to Justice: Rape in Africa, Law, Practice and Access to Justice a new report by Equality Now that examines rape laws and their enforcement in 47 African countries, with in-depth analysis of Cameroon, the Democratic Republic of Congo, Madagascar, Rwanda, Senegal, Sierra Leone, South Africa, South Sudan, and Zambia.

Although some African jurisdictions have implemented progressive rape laws, significant legal, procedural, and societal barriers continue to undermine justice for s3xual violence survivors. Flaws in legal frameworks and deeply entrenched gender discrimination intertwine to foster a culture of impunity for rape, eroding trust in judicial systems, compounding victims’ distress, and fuelling widespread underreporting of s#xual violence.

Human rights lawyer and the report’s lead author, Jean Paul Murunga, says “After examining r@pe laws across Africa, it is clear that to end impunity for perpetrators, governments urgently need to carry out comprehensive legal reform of rape laws, strengthen enforcement mechanisms, and improve access to justice and support for survivors.”

Narrow legal definitions for rape

Legal definitions of rape should be based upon an individual’s voluntary, genuine, and willing consent, which can be modified or withdrawn anytime during s3xual interaction and must apply to all s3xual acts engaged in. True consent is impossible in situations of dependency or extreme vulnerability, for example, in educational settings, correctional facilities, or when a victim is incapacitated, such as being intoxicated or infirm.

Legal definitions of rape vary, with some failing to account for a range of non-consensual s3xual acts or factors. Within this context, 25 African countries have penal codes that are incomplete or ambiguous and do not meet international standards. Definitions of rape are based on the use of physical force, threats, or actual use of violence, while rape involving intimidation, coercion, fraud, and unequal power dynamics are not adequately recognized.

Urgent reform is needed to ensure legal definitions of r@pe encompass all acts of non-consensual sexual penetration, excluding certain methods, body parts, or use of objects. In some instances, particular acts of penetration are misclassified as a lesser offense with lighter penalties, diminishing the vi0lation’s severity.

Laws that create a hierarchy of rape

International standards require rape penalties to be impactful, proportional to the crime’s severity, and strong enough to deter future offenses. Some countries allow lenient sentencing that doesn’t reflect the gravity of r@pe and sends a message that it is not a serious crime.

Murunga explains, “Narrow legal definitions of rape reinforce and widen justice gaps in the prosecution of cases. It enables impunity or relegates some violations to lesser offenses with lighter penalties. Creating a hierarchy of rape undermines the principle that all individuals have the right to have control over their own body.

“Burdensome and discriminatory evidence requirements that demand proof of physical inju_ry shift the burden onto survivors to prove they physically resisted ass@ult. This sets an unreasonably high standard for prosecution and conviction and does not focus on the central issue of a victim’s lack of consent.”

Stigma and h@rmful gender stereotypes

Twenty African countries have consent-based definitions of r@pe. However, traditional beliefs and societal attitudes towards s3x manifest in r@pe myths and victim-blaming that overshadow the interpretation and enforcement of laws. Officials may opt not to investigate, prosecute, or convict r@pe cases unless there is physical evidence, especially which indicates a victim fought back.

Judicial discretion can reduce charges or define evidence based on gender stereotypes regarding a victim’s behavior. Many jurisdictions emphasize force, morality, or circumstances and apply gender-discriminatory concepts such as “honor” and “modesty.” This prejudices judgments over victims’ behavior and “chastity” and whether they are perceived as deserving justice for having been r@ped.

R@pe survivors and their families frequently face stigma, victim-blaming, and thre@ts. This is commonly accompanied by pressure to remain silent, withdraw criminal complaints, and settle cases out-of-court through informal community mediation.

In Equatorial Guinea, out-of-court settlements are legally permitted when a rape victim explicitly or tacitly forgives the perpetrator. This fails to protect the victim, who may have little trust in the justice system, feel compelled by others to agree, and fear retaliation if she refuses. Even in countries where settlements are not legally sanctioned, the practice remains commonplace.

Marital r@pe and child marriage

Rape within marriage is not criminalized in some African countries. Underpinning this is the mistaken belief that marital r@pe cannot occur because, by agreeing to marry, wives are assumed to have permanently consented to s3x with their husbands.

Seven countries expressly exempt spouses from prosecution for marital r@pe, including Côte d’Ivoire, Ethiopia, and South Sudan. Some countries, such as Lesotho and Eritrea, only criminalize marital rape when spouses are not cohabiting.

In countries where child marriage is permitted and marital rape is not criminalized, child brides are left unprotected. A legal loophole is created for what, without marriage, would be classed as r2pe, and young wives have minimal recourse against s3xual relations within marriage, including s3xual vi0lence and exploitation. For example, in Gabon, when an abductor has married an abducted minor, he can only be prosecuted after the marriage is annulled.

Murunga clarifies, “International human rights standards require States to criminalize all forms of r@pe, irrespective of the relationship between the perpetrator and their victim. Failing to specifically criminalize marital r@pe ignores how consent must be ongoing and freely given, regardless of marital status. Legal recognition provides clarity to law enforcement, prosecutors, and judges that marital rape must be treated as a serious crime and prosecuted accordingly.”

Flawed systems

There is minimal public awareness about how best to secure justice for rape cases. This dovetails with huge human and resource gaps amongst investigators, prosecutors, expert witnesses, and judicial officials, while large caseloads cause long delays and collapse of cases. Other obstacles include lack of collaboration between state actors, corruption, and ineffective evidence collection and evaluation.

Medical professionals are not always available to examine survivors, collect evidence, or make medical reports. In Côte d’Ivoire and Guinea, rape survivors must present a medical certificate before filing a police complaint – a major challenge where there are so few medical facilities.

Rape increases in conflict and crisis, when the breakdown in the rule of law and shortage of legal, medical, and psychological support services makes it more difficult for survivors to pursue legal remedies. High rates of s3xual vi0lence have been identified in conflicts in Ethiopia, Sudan, and the Democratic Republic of Congo, with r@pe being used as a weapon of war to denigrate, disempower, and demoralize communities.

Aligning r@pe laws with international human rights standards

Many African countries have ratified key regional and international human rights treaties, such as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), among others. However, African governments are not meeting their obligations to uphold women’s rights outlined in these frameworks.

To address this, Equality Now recommends that all legal definitions of r@pe should be comprehensive, survivor-centred, and capable of addressing the full spectrum of non-consensual acts.

For example, Rwanda has taken significant steps to promote a victim-centered approach to investigating and prosecuting s3xual vi0lence cases. This includes the creation of gender-based vi0lence recovery centers in numerous districts, providing survivors with witness protection, medical and psychosocial support, and legal aid. Senegal has taken a similar approach by establishing “law shops” offering judicial, legal, and psycho-social services.
Effective legal implementation is equally crucial, requiring robust mechanisms to enforce justice and hold perpetrators accountable. Transparency and accountability are essential to building trust and ensuring fairness in handling cases.

Survivors should have access to supportive systems that facilitate healing and enable them to pursue justice if they choose. Laws, referral systems, and mechanisms must be inclusive and sensitive, including for individuals with disabilities. In conflict settings, it is vital to both prevent s3xual vi0lence and address its consequences through policies that minimize harm and hold offenders accountable.

Related Posts

Fire Rages Through Sterling Plaza Building

Fire Rages Through Sterling Plaza Building

by Nyathi
June 12, 2025
0

BULAWAYO-A devastating fire broke out at the Sterling Plaza Building along Jason Moyo Street yesterday, causing significant damage to several...

Gukurahundi Hearings Face Criticism Over Restrictions

Gukurahundi Hearings Face Criticism Over Restrictions

by Nyathi
June 12, 2025
0

The Mthwakazi Republic Party (MRP) has expressed concerns over the government's handling of Gukurahundi public hearings, specifically citing restrictions on...

Tragic Accident Claims Life of Young Man in Mbizo 7

Tragic Accident Claims Life of Young Man in Mbizo 7

by Nyathi
June 12, 2025
0

  A devastating incident has shaken the community of Mbizo 7 in Kwekwe. On June 9, 2025, 20-year-old Tinotenda Keith...

Fake Certificates Exposed-Two Student Nurses Under Investigation

Fake Certificates Exposed-Two Student Nurses Under Investigation

by Nyathi
June 12, 2025
0

A scandal has rocked Chitungwiza Central Hospital after two student nurses, Paidamoyo Samantha Muchira and Makanaka Chatikobo, were found to...

Tap & Go Taxi Service Takes the Wheel in Zimbabwe

Tap & Go Taxi Service Takes the Wheel in Zimbabwe

by Nyathi
June 11, 2025
0

In a bid to revolutionize the country's transportation sector, the Special Investment Advisor to the President, Dr. Paul Tunguwara, officially...

The Pinnacle of Poverty- Bulawayo City’s Glorious Donation

The Pinnacle of Poverty- Bulawayo City’s Glorious Donation

by Nyathi
June 11, 2025
0

In a shocking display of municipal majesty, the City of Bulawayo has reached new heights of desperation, proudly accepting a...

Please login to join discussion

Trending News Today

  • Susan Mutami’s Desperate Plea To  Temba  Mliswa

    Susan Mutami’s Desperate Plea To Temba Mliswa

    303 shares
    Share 121 Tweet 76
  • The Pilot Who Flew Under the Radar for 20 Years

    129 shares
    Share 52 Tweet 32
  • Drama at a Funeral: Speaking Ill of the Dead Doesn’t Pay

    165 shares
    Share 66 Tweet 41
  • Tragic Accident Claims Life of Young Man in Mbizo 7

    58 shares
    Share 23 Tweet 15
  • Tragic Incident in Dema Village Under Investigation

    53 shares
    Share 21 Tweet 13
  • Zimbabwean Woman Wanted in Botswana for Murder

    119 shares
    Share 48 Tweet 30
  • Former Nssa Boss Acquitted of Fraud Charges

    44 shares
    Share 18 Tweet 11
  • Charges Dropped, But Drama Continues

    70 shares
    Share 28 Tweet 18
  • Police Officer Arrested in Connection with Death in Custody

    42 shares
    Share 17 Tweet 11
  • Fake Certificates Exposed-Two Student Nurses Under Investigation

    42 shares
    Share 17 Tweet 11

Popular This Week

  • Susan Mutami’s Desperate Plea To  Temba  Mliswa

    Susan Mutami’s Desperate Plea To Temba Mliswa

    303 shares
    Share 121 Tweet 76
  • Widow Caught in Bed With Lover a Week After Burying Husband

    236 shares
    Share 94 Tweet 59
  • Two Zimbabwean Care Home Workers in the UK attacked, one killed

    200 shares
    Share 80 Tweet 50
  • Sangoma Turns to Lion Snack

    180 shares
    Share 72 Tweet 45
  • GOVERNMENT BANS DEADLY MUSOMBODHIYA BREW

    177 shares
    Share 71 Tweet 44
  • ZEP Holders Breathe a Sigh of Relief as SCA Rules in Their Favor

    175 shares
    Share 70 Tweet 44
  • Drama at a Funeral: Speaking Ill of the Dead Doesn’t Pay

    165 shares
    Share 66 Tweet 41
  • The Pilot Who Flew Under the Radar for 20 Years

    129 shares
    Share 52 Tweet 32
  • Zimbabwean Woman Wanted in Botswana for Murder

    119 shares
    Share 48 Tweet 30
  • Chiredzi: CIO Officer Goes Rogue

    117 shares
    Share 47 Tweet 29

Popular This Month

  • How to Legally Avoid Paying the US$92 ZBC Radio Licence Fee in Zimbabwe

    How to Legally Avoid Paying the US$92 ZBC Radio Licence Fee in Zimbabwe

    611 shares
    Share 244 Tweet 153
  • Bulawayo Police Bust Vuzu Party, Arrest 13 Youths

    328 shares
    Share 131 Tweet 82
  • Unhealed Wounds-Remembering the 21 Mothers of Emkhonyeni Who Were Burnt Alive

    317 shares
    Share 127 Tweet 79
  • Susan Mutami’s Desperate Plea To Temba Mliswa

    303 shares
    Share 121 Tweet 76
  • Fatal Dog Attack Exposes Mike Mupinga’s Troubling Past

    284 shares
    Share 114 Tweet 71
  • Loophole or Legal Gymnastics? Zimbabwean Schools Find Ways Around Fee Payment Rule

    250 shares
    Share 100 Tweet 63
  • New ‘ lobola’ Fees for Foreigners Seeking Medical Care in Gauteng

    244 shares
    Share 98 Tweet 61
  • Widow Caught in Bed With Lover a Week After Burying Husband

    236 shares
    Share 94 Tweet 59
  • Philanthropy or Publicity Stunt? Wicknell Chivayo’s Lavish Gift to Jah Prayzah’s Team

    217 shares
    Share 87 Tweet 54
  • Two Zimbabwean Care Home Workers in the UK attacked, one killed

    200 shares
    Share 80 Tweet 50

Most Read Stories

  • “Zimbabwe Is Discrediting SADC”

    ZANU PF Accused Of Bribing SADC Elders To Retain From Losing Power

    5241 shares
    Share 2096 Tweet 1310
  • Madzibaba gets Toyota Aqua after explaining new currency ZiG to church

    4534 shares
    Share 1814 Tweet 1134
  • Breaking News: Zimbabwe launches New Currency (Zig)

    4279 shares
    Share 1712 Tweet 1070
  • Guide : How to access 2023 Zimsec Ordinary O Level results online

    3973 shares
    Share 1589 Tweet 993
  • Uganda Police Officer Shoots Wife Dead After Mocking Him Over Man-U Loss

    3895 shares
    Share 1558 Tweet 974
  • Floods hit Gweru

    3594 shares
    Share 1438 Tweet 899
  • Mashura pa Gokwe musi wa 12.02.24

    3544 shares
    Share 1418 Tweet 886
  • Secret message for ED after his inauguration

    3482 shares
    Share 1393 Tweet 871
  • Heatwave Warning:Expect Extremely hot temp ranging from 36° to 41° until 12 March

    3394 shares
    Share 1358 Tweet 849
  • Here is the reckless Kombi Driver!!!!!!!!!!! See pics here

    3218 shares
    Share 1287 Tweet 805

  • About Us
  • Contact Us
  • FAQ
  • Privacy Policy
  • Terms of Service
  • Home

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • News that Matters
    • News
    • Health and Diseases
    • Technology
    • Religion
    • Horror and Disaster
    • Elections 2023
  • Crime and Courts
  • Celebrity
  • Sports
  • Mjolo
  • Breaking News