Opinion & Analysis

LSB on sexual abuse of children

Legal practitioners during the Opening of the Legal Year
 
Legal practitioners during the Opening of the Legal Year

The tone of the discussion reflects how some in our society view the issue of sexual molestation of children; they are chattels to be used and discarded.

Sexual abuse of children is apparently a more deep-rooted problem than this society wishes to accept. As a society, we are apparently unable or not willing to confront it because it is mostly perpetrated by those with means and power. These men in positions of authority use the poverty around them to lure the children to sexual activity. Unfortunately the poverty of the children’s parents and guardians also causes some of the parents to acquiesce for economic benefit.

Unfortunately, those in positions of authority and economic might not only affect those who are marginalised and/or those who live on the fringes. It also effects the greedy. Some with the responsibility, resources and authority to investigate reported sexual crimes against children may be reluctant to do so when such actions come to their attention. They are either reluctant because they are afraid of the persons involved or in furtherance of financial or other gain.

The Law Society was very concerned when initial reports indicated that the Botswana Police Station Commander in the area stated that no case was being investigated. He was reported as having said the police had been requested to provide advice to the family, which they had done and closed the matter. The society is particularly gratified by the latest reports that indicate that contrary to earlier reports, the police in Sebina were investigating a case of defilement. We urge the Botswana Police to leave no stone unturned in their investigation and for the Directorate of Public Prosecution to ensure a robust and effective prosecution, should it come to that.

Parallel to the investigation and prosecution ifany, the public, civil society, the Legislature and the Executive must also start a discussion on the efficacy of our laws as they relate to this scourge. In this regard, safety-net programmes such as witness protection, access to justice, health, housing and jobs for the indigent and marginalised need to be actively considered and implemented.

The Law Society urges members of the public to be vigilant and report sexual abuse of children. A child cannot give consent for sexual activity and therefore any sexual act with a child is abuse and is criminal and morally reprehensible.

The society must not only report the allegations of sexual abuse but must shun perpetrators. We therefore suggest that a list of convicted paedophiles be established as part of legislative reform and further that convicted paedophiles from other countries be required to apply for a visa to enter Botswana.

8. The Law Society of Botswana finally offers its support all initiatives that are intended to achieve the above objectives.

Issued pursuant to a Resolution of the Council of the Law Society of Botswana.