How legal system tortures rape victims

Going by the debate via social media, isn’t it surprising that Ugandan society has not been as outraged as other parts of the world where the #MeToo campaign has been running?

This is partly because of gender-specific discrimination and sexual violence in this country. It is historical and it is ingrained in our society, culture and tradition. For instance, on the issue of rape, it is not easy for men to believe women’s stories, because they have never grown up in spaces where they are subjugated. The woman must produce the evidence (of rape) but sometimes the people you are asked to share the evidence with are perpetrators themselves. Recently, a lady who was arrested by police came in here. While in custody for six months, she was being raped by some of the police officers. She said she was arrested when she was pregnant but she eventually lost the baby. She has the names and so we are following up the case. So you can see that even when you are in custody, you are not safe. So the system was not designed to accommodate women.

How do you think the issue of sexual abuse should be handled by Uganda’s justice system?

Some jurisdictions elsewhere have ruled that courts can convict on the evidence of the victim if the judge finds the victim a believable witness. That is not to say that I am asking for the lowering of the standard of proof for sexual violence cases. We just need to put in context when discussing issues of sexual violence. In Colombia, for instance, courts have held that it is the job of the state to adopt measures that accommodate women to give their evidence. If I come to police to report rape, let a fellow woman take my statement. If you want to perform a medical examination, let it be a female doctor to do it and if one police officer has recorded my story; be sensitive to the fact that you are torturing me when you ask me to retell it a thousand times. When we go to police, there should be facilities to accommodate someone who wants to report a case of rape. In some districts where there are no police medical personnel, sometimes the police detain a rape victim because they don’t want to destroy evidence when she goes home and showers. But the doctor could take days before he or she comes around. So women end up being punished.

Isn’t it frustrating for you at times considering that your work revolves around listening to victims of horrific rape incidents some of which involve powerful politicians and businessmen?

It is frustrating but I also know that for change to happen someone has to start a discussion and I strongly feel this is our role and value addition to Uganda’s legal profession. We need to start a discussion for reform to happen and it does not matter how long it takes.

Your last word?

First, it is important for women to continue speaking out because silence does not protect them. Secondly, the government needs to reform the justice system to accommodate women’s concerns on issues of sexual violence. Finally, let there be speedy trials. Rape cases should be heard as soon as they are reported.

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