New rape laws to criminalise false allegations
Pini Bothoko | Friday June 11, 2021 16:57
According to the Government Gazette, the upcoming winter Parliament will debate Penal Code changes that include criminalising false rape allegations. Other changes include enhancing penalties for sexual offences and to make provision for compensation of victims of sexual offences.
Reacting to the proposed amendments, activists said the changes could discourage victims from reporting cases because it could make it more difficult for genuine victims to get justice.
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 at 92.9 per 100 000 citizens.
Such cases usually occur when victims retire from entertainment places with most suspects known to them. During the 2020 lockdown, the police through their investigations, indicated that close relatives such as brothers, cousins, fathers and stepfathers were the perpetrators in most of the cases.
The police further revealed that since people were in lockdown with their family members some demonstrated behaviours that their close family members were not aware of.
Quizzed on the proposed amendments, Women Against Rape (WAR) coordinator, Peggy Ramaphane welcomed the proposals stating that they are a good move for the government to increase sexual offence penalties since rape remains the country’s nightmare.
However, Ramaphane advised that when investigating such matters, the police should make sure that they prove such false allegations beyond reasonable doubt.
“I hope that this amendment would not make matters worse because the country is faced with a big social problem of rape as men continue to violate women as they please. The police should make sure that they explain to what level they say such accusations are false, and there should be steps to be taken to prove that a person has been falsely accused,” Ramaphane said.
She further conceded that if someone falsely accuses the other of rape, that person should be held accountable. Ramaphane said even though they have never had such cases as the organization, they support the government’s move to criminalize rape allegations.
“Yes, if they are false allegations then the person making such should face the law because rape is a serious matter,” she said.
Ramaphane also said the only concern that they have been having as an organization is the withdrawal of rape cases by the victims. She, however, applauded the police’s move to have adopted a policy that discourages withdrawal of GBV cases to discourage victims from reporting cases and withdrawing them later on.
“The problem with rape cases is that they happen when someone is scared and victims happen to file the complaints and then withdraw the case because of fear but not meaning the rape assault did not happen,” she explained. Ramaphane said the withdrawals of these cases lead to disastrous results such as serious injuries or death of women at the hands of their partners.
Meanhwile, a staunch advocate for women and girls’ rights also former Minister of Local Government and Rural Development, Botlogile Tshireletso is not happy about the new moves stating that they might discourage victims from reporting. She expressed concern over rape cases that families treat as false in the public whilst rape has indeed happened but elders hiding it protecting perpetrators or their families’ image. Tshireletso said usually women drop cases against their alleged attackers and would later tell the police that they have forgiven their partners after the intervention of parents.
“Rape victims live with permanent shock that no money can buy hence not happy with the move to compensate victims of sexual offences. Yes, I cannot dispute that there are instances where women could claim to have been raped whilst such allegations are false and I agree that action should be taken against those individuals,” Tshireletso said.
For his part, the program coordinator of Men and Boys For Gender Equality, Desmond Lunga said it has been a challenge for the police to prove sexual harassment or offences to have happened hence he does not know how they would be able to prove sexual assault falsehoods.
“Yes it is a welcome move only if it could be proven beyond reasonable doubt. Giving an example of rape allegations of a minor that were laid against Nata/Gweta legislator, Polson Majaga it was hard for the police to prove whether the sexual act actually happened or no. I wonder how the police as the investigators of rape cases would go to an extent of proving that the allegations were indeed false,” he said. Lunga expressed fear that the move might make perpetrators to take advantage of victims by threatening them with the new law and saying they cannot prove that indeed rape has occurred. He said with since rape is committed by close relatives, it is going to be trickier to report such matters on the part of victims.
Asked if men do occasionally report false rape allegations to them, Lunga said they at times do especially when they have happened to have been rude to women after having sex with them.
“Yes there is that element especially when men themselves become rude to the person they have slept with in the morning treating them like some piece of trash and the said women gets annoyed, demands money and claims to have been raped,” he said.