Sexual violence is an act of forced, unwanted or unlawful behavior which is conducted in an aggressive and domineering manner in order to exercise power and control over the victim/survivor; thus degrading and humiliating him/her. There are a number of acts that comprise sexual violence, namely, rape, indecent assault, unlawful canal knowledge, sexual slavery, forced marriage and forced impregnation. Men can also be victims of sexual violence. However this article will focus on women and girls, whose cases are reported, investigated and are in the majority in Sierra Leone.
The effect of the assault or abuse on the victim may largely depend on the magnitude of the incident, the victims coping mechanisms and the support administered to the victim following the incident. Generally such acts of violence may cause physical injury with serious medical effects which in some cases may result to death, unwanted pregnancy, infertility, chronic and life threatening diseases as well as a host of other mental and behavioral consequences, such as trauma, depression, anxiety and sexual dysfunction. It also has some social effect on the victim, ranging from withdrawal, guilt, fear, loss of self-esteem and promiscuity.
The cause of sexual violence is rooted in our country’s stereotypical beliefs, attitude and acceptance of gender disparity. Sexual violence has always existed in Sierra Leone even before the war but was grossly under reported due to the culture of silence and the stigmatization surrounding rape and other sexual offences. However, it reached alarming proportion during the eleven years civil conflict when it became a common practice to abduct women and use them as ‘bush wives’ and sex slaves. Prior to the war, life time prevalence of sexual assault was 9% but increased to 17% during the war. [1] It was stated in a Human Right Watch report published 2003 that as many as 275,000 women and girls were sexually violated during the war. This lends credence to the fact that the outbreak of the conflict resulted in increase of sexual violence in the country.
Subsequently, the reported rate of sexual violence continues to increase which is accredited to the massive sensitization campaigns by women groups and human rights organisations for the cases to be reported so that perpetrators will be brought to justice. Currently, the problem lies in the fact that even though these cases are reported, perpetrators continue to go largely unpunished. This is manifested in the nationwide statistics report from 2001-2005 carried out by the Family Support Unit(FSU) which shows 3,919 reported cases of sexual violence of which there were only 22 convictions. The limited conviction is attributed to the challenges the FSU and other stakeholders encounter in investigating and prosecuting such cases.
To this end, this article discusses both municipal and international laws that prohibit the act of sexual violence and further looks at the role of the Government in curbing sexual violence. In addition, it highlights the problems in investigating and prosecuting sexual violence and concludes with possible recommendations.
Legal Framework for Curbing Sexual Violence in Sierra Leone
Sierra Leone has enacted a number of laws that prohibit sexual violence. For example Sec 20 of the 1991 Constitution states that a person should be protected from cruel, inhuman and degrading treatment. This section unlike other sections in the Bill of Rights guarantees full protection. Furthermore, rape is also a common law offence which is punishable for up to life imprisonment under Sec 48 of the Offences Against the Persons Act of 1861. In addition to that, the Prevention of Cruelty to Children’s Act, Cap 31 of the Laws of Sierra Leone 1960 prohibits indecent assault and unlawful canal knowledge by laying down specific punishment for offenders.
The FSU is established as a unit within the Sierra Leone Police to investigate and take pro-active measures to identify and prosecute the offenders of domestic, sexual violence and child cruelty. Furthermore, the Government has also granted authority to concerned women and child protection organisations to operate in Sierra Leone.
In addition to the municipal laws and institutions, Sierra Leone has signed and ratified major human rights instruments protecting women from violence such as International Covenant on Civil and Political Rights, the Convention on the Elimination of all forms of Discrimination against Women, the Convention on the Right of the Child and the African Charter on Human Rights. These instruments contain (either specific or general) provisions that oblige states to eliminate discrimination against women and to implement policies that will protect the rights of women and children. However, the Government has failed to a very large extent to ensure the domestication of these instruments. The Sierra Leone Government has also failed to report on the progress made in the implementation of these instruments.
Problems in Investigating Sexual Violence
Investigators of sexual violence cases often encounter problems in gathering evidence for prosecution, especially when the victim is a child. Children make up the bulk of victims of sexual violence cases in Sierra Leone. The decision whether or not to prosecute sexual violence involving a child are most times made by the parents or guardian of the child. Some parents and guardians refuse to cooperate with investigators for fear that if the case goes to court, the image of the family will be dented. They are also likely not to help with investigation when the offence is perpetrated by a family member or somebody known to the victim, such as the bread winner of the family, the landlord or other close relations of the victim. In such a scenario, the family may assume the role of the court rather than reporting the matter for prosecution. The case is therefore settled out of court not only because they want to protect the family’s name but also because violence in the family is regarded as a private matter and it is therefore considered an aberration to include outsiders.
In an event where the victim is an adult, she may refuse to report because of fear of stigmatisation. Survivors assaulted by their parents, guardians, custodians or care-givers are intimidated to report because there is no temporary placement centre to accommodate them. Poverty and the lack of incentive to pursue an onerous prosecution in a judicial system that is not conducive to just outcome makes the victim and their family decide to deal with sexual offences by recourse to out of court settlement. The situation is more obvious when the perpetrator is rich and can afford to bribe his way with the parents or guardian. In such a case, the parent or guardian often fails to report the matter and fail to cooperate where the matter has already reached the police.
Another problem impeding sexual violence investigations is the lack of capacity for investigators in terms of adequate personnel, training and resources to handle the complexities that are involved. Victims of sexual violence require confidentiality, support and protection. These facilities are often lacking especially at the FSU. In terms of personnel, there is only one competent police doctor dealing with sexual violence cases. Although the establishment of the rainbow centre in 2003 has tremendously helped to salvage the situation, there is still need to recruit more medical doctors.
Problems in Prosecuting Sexual Violence
There are so many problems responsible for the low conviction of perpetrators. One of such is the standard of proof under the Sierra Leone jurisdiction which requires the prosecution to provide corroborative evidence in addition to others. Corroboration is defined as independent, credible, relevant evidence that confirms or supports the case in a material particular time. This makes it difficult to convict perpetrators as it is extremely unlikely to get eye witnesses for this crime considering the nature and circumstances in which they are typically committed.
The hostile environment in the court is another reason that forces victims to boycott legal proceedings. Victims are re-victimised by the rigorous cross-examination of certain defence lawyers especially when they do not have adequate legal representation from the prosecution
Witnesses are central in criminal trials as they help to clarify issues. However, some witnesses are afraid to come forward due to the lack of witness protection mechanisms in the municipal court system. They also fear victimisation or creating lasting hostility with perpetrators.
Law enforcement and judicial officers could also be a problem to the prosecution of such cases. By all intents and purposes, their attitude towards rape suggests that they regard rape and other gender-based cases as lesser crimes not worth prosecuting. In some cases, the police themselves settle cases without referral to court. Even the prosecutors sometimes prevail on the victims to settle matters out of court.
In addition, the lack of associate legal representation for victims could also amount to a problem, especially when such cases are prosecuted by incompetent prosecutors. The prosecution may loss a very good case if they are against a learned and skilled defence counsel because unlike legal practitioners they are not au fait with the evidential requirements of proof.
The undue delays in the trials results in lack of dispensation of justice as the adage goes “justice delayed is justice denied”. Mostly, cases are subsequently adjourned until it dies an unnaturally. It becomes even shoddier when such cases are commuted for trials in the High Court which could take years before the commencement of its proceedings. In such events, cases are reported and investigated but the problem lies in getting the perpetrators convicted or completing the matter, thereby frustrating the victim and family.
Recommendations
Looking at the various problems in investigating and prosecuting sexual violence, it is deemed a phenomenal task to bring perpetrators to justice and accurately compensate traumatized victims. To maintain a decent society the following salient points are streamlined to help remove the bitter pains and distorted memories of sexual violence against women and children.
The SLCMP recommends that government should enhance capacity building for the FSU by improving personnel training and logistics support. An interim care with appropriate schooling/skills training and psycho-social therapy should be established for victims abused by closed relations. Also, an exclusive court to try all juvenile (sexual offences) cases should be established to ensure speedy trial and prevent its delivery in the High Court.
Parliament should ensure that traditional practices are brought in line with the general law as they are gender stereotyped. In addition, they should enact a unified sexual offences act which should criminalize marital rape and further provide adequate health care facilities and appropriate compensation for victims. It should also make provision for severe sentencing of offenders in conjunction with parents/guardians or anyone caught conniving with perpetrators to infringe on the right of the victim/survivor.
Civil society groups should embark on a series of sensitization campaigns including workshops and
seminars to educate the Sierra Leonean populace on the right of women and children and the dangers of not prosecuting sexual offences.
In conclusion, the SLCMP sensed it will be difficult to curb this act especially in cases of incest, when a child’s protector like her uncle becomes the abuser, who then can you trust your child with? Nonetheless it urges every citizen to join hands to expunge this inhuman act that is eating the whims and caprices of the entire nation.