Nothing justifies rape, not even marriage – Dausab
Minister ‘alarmed’ by MP statements
Choice and consent are central in the fight against sexual violence, the minister said, adding that nothing and no context - not even marriage - should justify it.
Nothing - not even marriage - justifies any form of sexual violence, including rape.
This according to justice minister Yvonne Dausab, who was addressing contributions made by members of parliament since the re-tabling of the Combatting of Rape Amendment Bill in February.
She said the proposed amendments, as reflected in the provisions of the Bill, are aimed at reinforcing the already-existing legal framework waging the unwavering fight against rape.
One of the principal theoretical underpinnings of the existing law is to rid society of some of the harmful norms and views that relate to gender roles and gender inequality, she said.
The minister pointed out that any offence of rape is now punishable to the full extent of the law, notwithstanding the contextual setting under which the offence took place.
Dausab added that it is quite alarming that MPs believe a husband is “entitled to his wife’s person”.
“These averments have no place in our current constitutional dispensation where all persons are equal before the law and women and men, equally, have bodily autonomy,” she said.
Choice and consent are central in the fight against sexual violence, the minister said, adding that nothing and no context - not even marriage - should justify it.
False accusations
Dausab further said she has been made aware of instances where members of society are exploited and extorted due to the fear of being prosecuted for rape after having consensual sex.
According to her, it has been confirmed that these cases are on the increase and many of those who fall victim rarely report the offence to the police.
She added that any false accusations made are not taken lightly, adding that persons found guilty may be charged with perjury in terms of the Criminal Procedure Ordinance.
False statements made under oath to the police are further punishable under the Justices of the Peace and Commissioners of Oaths Act.
“Alternatively, if consistent with the elements of the crimes of extortion, theft under false pretences, defeating or obstructing the course of justice or fraudulent misrepresentation, it is possible those charges could be considered if warranted
by the circumstances.
“This behaviour on the part of especially young women should be condemned,” she said.
Compelled rape
Meanwhile, compelled rape is not plainly articulated in the Combatting of Rape Act. However, the minister said the offence is prohibited in terms of section 2(1) (b) which reads: "Any person who intentionally under coercive circumstances - (b) causes another person to commit a sexual act with the perpetrator or with a third person shall be guilty of the offence of rape".
She added that the justice ministry has commenced various processes to actualise the introduction of a sex offenders' register. These processes include ensuring it was included in the second Harambee Prosperity Plan, while the Law Reform and Development Commission was also commissioned to undertake further research, particularly on the constitutionality and practical implementation issues for such a register.
“A firm proposal of some further action was agreed upon in January, and [was followed by] a stakeholder consultation held in March, where key stakeholders were represented. A consultation with possible administrators of the register took place and further consultations are due to take place,” she said.
According to Dausab, they have also received reservations about the register and its impact on the constitutional rights of offenders who have served their sentences. The proposed register may prejudice them unfairly at the expense of the interest and well-being of society, critics said.
This according to justice minister Yvonne Dausab, who was addressing contributions made by members of parliament since the re-tabling of the Combatting of Rape Amendment Bill in February.
She said the proposed amendments, as reflected in the provisions of the Bill, are aimed at reinforcing the already-existing legal framework waging the unwavering fight against rape.
One of the principal theoretical underpinnings of the existing law is to rid society of some of the harmful norms and views that relate to gender roles and gender inequality, she said.
The minister pointed out that any offence of rape is now punishable to the full extent of the law, notwithstanding the contextual setting under which the offence took place.
Dausab added that it is quite alarming that MPs believe a husband is “entitled to his wife’s person”.
“These averments have no place in our current constitutional dispensation where all persons are equal before the law and women and men, equally, have bodily autonomy,” she said.
Choice and consent are central in the fight against sexual violence, the minister said, adding that nothing and no context - not even marriage - should justify it.
False accusations
Dausab further said she has been made aware of instances where members of society are exploited and extorted due to the fear of being prosecuted for rape after having consensual sex.
According to her, it has been confirmed that these cases are on the increase and many of those who fall victim rarely report the offence to the police.
She added that any false accusations made are not taken lightly, adding that persons found guilty may be charged with perjury in terms of the Criminal Procedure Ordinance.
False statements made under oath to the police are further punishable under the Justices of the Peace and Commissioners of Oaths Act.
“Alternatively, if consistent with the elements of the crimes of extortion, theft under false pretences, defeating or obstructing the course of justice or fraudulent misrepresentation, it is possible those charges could be considered if warranted
by the circumstances.
“This behaviour on the part of especially young women should be condemned,” she said.
Compelled rape
Meanwhile, compelled rape is not plainly articulated in the Combatting of Rape Act. However, the minister said the offence is prohibited in terms of section 2(1) (b) which reads: "Any person who intentionally under coercive circumstances - (b) causes another person to commit a sexual act with the perpetrator or with a third person shall be guilty of the offence of rape".
She added that the justice ministry has commenced various processes to actualise the introduction of a sex offenders' register. These processes include ensuring it was included in the second Harambee Prosperity Plan, while the Law Reform and Development Commission was also commissioned to undertake further research, particularly on the constitutionality and practical implementation issues for such a register.
“A firm proposal of some further action was agreed upon in January, and [was followed by] a stakeholder consultation held in March, where key stakeholders were represented. A consultation with possible administrators of the register took place and further consultations are due to take place,” she said.
According to Dausab, they have also received reservations about the register and its impact on the constitutional rights of offenders who have served their sentences. The proposed register may prejudice them unfairly at the expense of the interest and well-being of society, critics said.
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