Report exposes legal loopholes protecting rapists in Africa

BLANTYRE, MALAWI — A report by the international NGO Equality Now says the definition of rape in 25 African countries has allowed many perpetrators to go unpunished. Such narrow definitions, it says, often allow charges against accused rapists to be reduced to lesser crimes with lower penalties.


The findings are part of a 46-page study uncovering gaps in legislation, implementation, and access to justice for rape victims in 47 African countries.


The report says globally, 35% of women have experienced either physical or sexual violence, and that about 33% of women in Africa have experienced sexual violence in their lifetime.


High rates of sexual violence have been documented during conflicts in Ethiopia, Sudan, and the Democratic Republic of Congo, says the report, which adds that in those countries, rape was used as a weapon of war to denigrate, disempower, and demoralize communities.


Sally Ncube is a regional representative for southern Africa at Equality Now.




She told VOA via a messaging app from Zimbabwe that narrow legal definitions of rape have long promoted impunity for perpetrators in many countries.


"For example, rape committed within an intimate partner relationship or relegate these violations to lesser offenses with lesser penalties which create a hierarchy of abuse and sending a confused signal about the absolute right of each individual to bodily autonomy," Ncube said.


The report names 25 African countries where the legal definition of rape may be too narrow. They include Cameroon, South Sudan, Chad, Equatorial Guinea, Gabon, Gambia, Mozambique and Malawi.


Zione Lapani coordinates the victim support unit at the Blantyre Police Station in Malawi.


She told VOA about a case in which a married woman complained to police after her husband sexually abused her.


Lapani said they did not open a case after a discussion with the couple that established that the man forced himself on his wife after being denied sex for so long because of some family matters.


"We said, 'No, this is not very big because there was something inside both of you which you didn't communicate.' This no longer rape but just because the man was tired because the lady was giving punishment to the man," said Lapani.


An Equality Now report about gaps in family laws released earlier this year found that Malawian customary law presumes perpetual consent to sex within marriage and that a wife can deny her husband sex only when she is sick or legally separated.


Ncube said African governments should ensure that the crime of rape meets international human rights law standards.


"By providing clear definitions based on consent rather than just force," said Ncube. "That all forms of penetration that are sexual in nature are included no matter how slight they are, and that there is no form of hierarchy in punishment in form of rape of penetration."


However, the report says Rwanda has taken significant steps to promote a victim-centered approach to investigating and prosecuting sexual violence cases.


It also says Senegal has taken a similar approach by establishing "law shops" offering judicial, legal and psycho-social services.


And in Malawi, the courts have started giving stiffer punishments to convicted rapists.


For example, in 2021, a high court in southern Malawi sentenced a 33-year-old man to 40 years in prison for raping a 9-year-old child.