Thumbs up for proposed rape penalties
Gender activists have welcomed the proposed Penal Code amendment on the enhancement of penalties for sexual offences from a minimum sentence of 10 years to 20 years imprisonment. Through the changes, the Ministry of Defence, Justice and Security plans to amend the Penal Code to punish anyone who is charged with an offence of rape to be subjected to a conviction sentence of a minimum term of 20 years imprisonment or to a maximum term of life imprisonment.
According to the Government Gazette, the upcoming winter Parliament will debate Penal Code changes that state that where an act of rape is attended by violence resulting in injury to the victim, the person convicted of the act of rape shall be sentenced to a maximum term of 25 years or life imprisonment.
During the country’ s first ever lockdown last year April, the police recorded 22 cases of rape and 23 defilement cases, one threat-to-kill, two murder cases (between lovers) and one indecent assault. Out of the 22 rape cases, seven of them involved children aged between two and 13 years as alleged victims were raped by their close family members. The police have established that close relatives such as brothers, cousins, fathers and stepfathers were the perpetrators.
Botswana has long been facing a gender based violence crisis with one in three women reported to have experienced abuse in their lifetime, according to the 2018 National Relationship Study. The World Population Review (2019) has also placed Botswana as the second country on rape cases at 92.9 per 100,000 citizens.
Reacting to the proposed amendments, gender activists said the country is faced with a big social problem of rape as men continue to violate women as they please hence they welcome the proposed amendments with the hope that the severe sentences might curb the scourge.
Quizzed on the proposed amendments, Women Against Rape (WAR)’s head of social work, Baleseng James welcomed the proposals stating that they are a good move for the government to increase sexual offence penalties because women live in deep fear of rapists causing havoc to them as demonstrated by the rape statistics.
James said the minimum penalties of 10 years imprisonment was lenient to the perpetrators as compared to the painful emotions and trauma that victims live through. He stated that some survivors face extremely difficult, painful emotions and experiences that they struggle to cope with for a very long time.
“This is a welcome move because the penalties used to be too lenient, something that victims and survivors of rape were not pleased with. They always ask us why it appears as if the law protects perpetrators over victims and we have been advocating this increment hence happy that finally the government has considered our pleas,” he said.
He stated that every survivor responds to traumatic events in their own way and the effects of the trauma can either be short or long-term after the sexual assault or rape. James said perpetrators used to serve short jail terms to a point of being released whilst their victims were still struggling to cope with the aftermath of the assault.
Furthermore James said the government could have also considered the bail issue because the perpetrators are given bail, live their lives freely whilst their victims are accommodated at the shelter still traumatised.
“Sadly, whilst on bail some perpetrators repeatedly commit similar offences violating their bail conditions something that we are not pleased with as WAR. Government should consider not granting bail to rape suspects especially those who continue to commit similar offences. Victims will be in the shelter not allowed to move whilst perpetrators will be out on bail,” he said.
James said some survivors have sustained injuries that could cause disabilities in the long run or deform them and they need enough time to heal whilst perpetrators are still held in custody.
For her part, renowned gender activist, Keabonye Ntsabane welcomed the proposed amendments but expressed a worry that the increase in sexual offence penalties might not bear fruits. Ntsabane argued that penalties have been there but rape continued to escalate over the years.
“Penalties have been there. The question, is will the increase in penalties change perpetrators’ attitudes? I think the government should also intensify awareness of the matter in making sure that they transform men’s behaviour as they are usually the perpetrators of rape,” she said. Furthermore, Ntsabane said recently the government intensified awareness on Gender Based Violence (GBV) and the scourge escalated.