It is said that all over the world, rape and sexual abuse are daily occurrences that affect close to a billion women and girls over their lifetimes. And as rape becomes an endemic issue that is now a global shame, there is a need to look at why rapists slip through the cracks even when cases are reported and taken to court.
It is unfortunate that in spite of the pervasiveness of these crimes, the laws appear ineffective and usually in favour of the predator as it seems that worldwide, laws continue to fail when it comes to the issue of protecting the female gender from sexual violence.
Indeed, a research that focused on laws on rape and sexual assault from 82 jurisdictions, which includes 73 within the United Nations member states around the world, highlights the fact that there are many obstacles to justice for survivors of sexual violence. This indicates that governments and individuals have a lot to do, especially in amending laws and working holistically towards preventing sexual violence, providing better access to justice for victims and also punishing offenders of sexual violence crimes in order to serve as deterrent to others.
The gaps in the provision of law makes it difficult to protect women and girls from sexual violence and it is based on various issues like culture, religious beliefs and societal expectations among others.
Part of these gaps includes the call for at least four eye witnesses by a particular religious law. In the issue of rape, getting one witness is almost impossible except it is a gang rape and in such situations, perpetrators will not testify against themselves; rape occurs in secluded or private places that are not privy to others at the time of crime. This makes it impossible for victims to get justice because getting a witness is almost impossible. Such laws require burdensome evidence and witness corroboration.
Another major obstacle is the law that allows perpetrators to walk free once they reach a form of settlement with the victim and often, the agreement is made by victim’s family and not the victim herself. Such settlements sometimes include marrying the victim; this is usually in favour of the perpetrator.
There are laws; cultural and religious, that explicitly permits rape especially in marriage even when the person involved is a minor and in such circumstances, rape cannot be proved.
Some laws permit judicial discretion in reducing charges or defining type of evidence based on stereotyped assessment of complainant’s behavior, such makes justice impossible because the belief of the presiding officer already determines how the case may turn out. Some law officers will ask victims whether they were virgins, what they went to do at the location, why did they follow a boy or what they wore, making it look like the victim is guilty or asked to be raped. This also includes laws framed in morality rather than bodily integrity.
Some laws inhibit investigations or prosecution of sexual assault. This plays out more when the people involved are related, issues are covered up. Many of the laws also fail to recognize that true consent is impossible in situations of dependency and extreme vulnerability.
All these loopholes perpetuate a cycle of violence and discrimination against women