Botswana: Recent state charges against alleged rape survivor

Press statement on International Women’s Day,
8 March 2006
[email][email protected]

Ditshwanelo, the Botswana Centre for Human Rights, wishes to express its concern at the recent case of Ms Lesedi Ramathuba, reported in Mmegi on 1 March 2006. An alleged rape survivor, she is to be prosecuted by the State for “lying to the police after she recanted a statement saying she was raped”. The report states that her attorney, Mr Isaac Seloko, has said she “decided to withdraw the case at her own will after considering her position”. This has brought into sharp focus how little protection or legal assistance exists within Botswana for women who allege rape. Currently, an alleged rapist is able to freely contact the alleged survivor during the case. There is inevitably the serious risk of intimidation of the survivor by the alleged rapist. This could lead to the withdrawal of the report of the alleged rape.

Rape cases, by their nature, leave survivors traumatised. It requires great courage for them to report such acts of violence. Due to the legal and medical processes required for a case to be successful in a court of law, survivors of rape are often described as experiencing violations repeatedly, as they re-tell the facts. Consequently, it is important that a safe and supportive environment be created to enable survivors to have clear legal advice as well as police protection from possible intimidation by alleged rapists. Current legislation and policies do not provide adequate support mechanisms for victims of gender-based violence, such as rape.

The decision by the Director of Public Prosecutions (DPP) to prosecute Ms Ramathuba has turned the survivor of the alleged violation into a perpetrator. Had serious efforts been made by the State, to ensure that she felt safe and secure? Are the authorities certain that they are not now punishing her for being a victim of intimidation? While the reasons for the decision of the DPP are not known, this decision may well discourage other rape survivors from reporting cases. There are already a number of barriers to reporting rape cases. These include limited physical access to the police, fear of not being believed, fear of retaliation by the alleged rapist, fear of the legal processes including poor treatment by the police, as well as not having faith in the legal system.
The justice system should protect those who are violated. In terms of evidence, it is already extremely difficult to prove that a rape has occurred. This is due to several factors, including the fact that rapes are rarely witnessed by others; a lack of consent is hard to prove, particularly within marriage and intimate relationships; or where sex is agreed to after blackmail, threats and other forms of coercion. If a rape survivor then fears that, if they withdraw their allegations, for whatever reason, they may face charges of “lying to the police”, the chances of successful rape convictions become even more remote.
Although the Government has taken important steps to deal with the crime of rape, the legal measures currently in place are inadequate.

Ditshwanelo, the Botswana Centre for Human Rights, encourages the Government to develop a national policy for rape survivors. This could include a standardised protocol for post-rape care, such as counseling and psycho-social support, which are regarded as important components for healing the trauma. In the light of increased reports of femicides (murder of women) in Botswana, there is an urgent need for public education and awareness raising about violence against women and specifically about procedures to be followed after a rape has occurred.
As we commemorate International Women’s Day on 8 March 2006, we call on the Government of Botswana to make good on the commitments it has made towards the protection of women, under the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) which Botswana adopted in 1996.It is internationally recognised that, “Gender-based violence is a form of discrimination that seriously inhibits women’s ability to enjoy their rights and freedoms on a basis of equality with men”. Without concrete steps toward the elimination of gender-based violence, we will not be able to achieve our goal of a safe, secure, prosperous, productive and innovative nation by 2016.