Botswana needs a sexual offences act

In recent years, Botswana has made significant shifts, which warrant a discussion on the development of a sexual offences legislation. As a starting point, the law, should serve those who it governs in the present moment. It is not intended to be a historical relic we keep in remembrance of those who enacted it. We are not to keep it as an heirloom to show our children.

But we are to make it relevant for the present context, and actually applicable in the present day. We should not have laws about which we say, “well, it has not been applied in many years, so it is outdated and there is therefore no reason to amend the law to remove it.” The law as it is today, should understand the realities of Batswana, and should serve them, anticipating the future. I heard it once said that we do not inherit the earth from our ancestors, but that we borrow it from the generations to come. Now granted, the context of the saying was about caring for the earth in ways that will ensure that it is not only habitable for future generations; but also that we will, in our time, commit to the protection of all things that are endangered. But I think it applies to the law as well and can therefore be accordingly extended to the same. Indulge me.

There is a great foundational shift in the ways that Batswana as a society understand the law, and specifically, the ways in which we understand the need to protect women, girls and all marginalised communities within our society. There is very clearly a need for specific and urgent protection. This is evidenced by the decision to enact the Sex Offenders Registry. Of course, as has been noted from the responses from individuals and non-governmental organisations on the Bill, there are great improvements that are to be made to it, for the Bill to be effective and actually have an impact. The 2019 decision by the judiciary to decriminalise same-sex intimacy is a reflection on the society, that we are visibly more accepting of diversity and that we acknowledge that it adds to the rich fabric of our society. What it also does, is that in specifically decriminalising certain provisions in the Penal Code, which directly impact the ways in which homosexual persons express themselves intimately, what the decriminalisation also does is that is specifically recognises nonconsensual in a same-sex context, criminal. It brings same-sex violence rape. The ongoing deliberations on the amendment of the Criminal Procedure and Evidence Act (CP&E) specifically looking at the processes followed in sexual violence cases, is another indication that the legislation is no longer interested in discriminating against women; and that the interest in now moving towards actual justice. Recently, the Minister of Defence, Justice and Security proposed a Bill for the amendment of the Penal Code. The considerations in the Bill were directly relating to stricter punishment for sex offenders, and to ensure that victims and survivors of sexual violence actually have justice following the prosecution of the perpetrator. Of course, there are parts of the Bill which need to be reconsidered before it is published, or even presented for development into legislation, however at the heart of the two most pressing issues, there is a clear desire to uphold consent laws in accordance with the Penal Code.

Editor's Comment
Congratulations Anicia Gaothuse!

The contest had 10 beautiful young girls as finalists and unfortunately only one could wear the crown.The judges picked Anicia Gaothuse. To all those who feel their contestant should have won ahead of Anicia for whatever reason, hardly; the judges found Anicia to be the best among the best, so desist from disrespecting our newly crowned queen on social media or anywhere else, for that matter! Each of the 10 beautiful young women had supporters...

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