A NEW report from international NGO Equality Now reveals that outdated and narrow definitions of rape in 25 African countries are allowing many perpetrators to evade justice. The findings, from a comprehensive 46-page study covering 47 African nations, highlight significant gaps in legislative frameworks, enforcement, and victim access to justice.
Narrow legal definitions allowing perpetrators to escape justice
The Equality Now report states that globally, around 35 percent of women have experienced physical or sexual violence, with an alarming 33 percent of women in Africa suffering from sexual violence at some point in their lives. In many African nations, rape laws fail to meet international human rights standards, leading to many cases being reduced to lesser offences with lower penalties. As a result, many rapists are either undercharged or go unpunished.
According to the report, narrow definitions often exclude important forms of rape, such as those committed within intimate partner relationships, or fail to recognise all types of sexual penetration. This leaves many women, particularly in marital settings, vulnerable to abuse without recourse to justice.
Rape as a weapon of war in conflict zones
The study also underscores the prevalence of sexual violence in conflict zones. High rates of rape have been reported during conflicts in Ethiopia, Sudan, and the Democratic Republic of Congo, where it has been used deliberately as a weapon of war. Rape in these contexts is not just a personal crime but a strategy to destabilise and demoralise communities, according to the report.
Sally Ncube, Equality Now’s regional representative for Southern Africa, stressed the significant impact that the narrow legal definitions have on the ability to hold perpetrators accountable. ‘The law often relegate cases of intimate partner violence or spousal rape to lesser offences, sending a confusing message about the right to bodily autonomy,’ she said.
Struggling to achieve accountability
The report highlights specific cases that demonstrate how inadequate legal definitions undermine justice. In Malawi, for example, a woman was denied a police case when she reported being sexually abused by her husband. Police claimed that the husband’s actions were excused due to family disagreements, effectively dismissing the case as a minor issue. This mindset, according to Ncube, reflects the larger issue in many African nations, where customary laws presume consent within marriage, leaving women unprotected.
‘Customary law in Malawi, for example, assumes perpetual consent within marriage unless a wife is sick or legally separated,’ Ncube added. ‘This creates a dangerous precedent that reduces the seriousness of sexual violence within marriage.’
Positive developments in some African countries
While the report paints a grim picture for many African nations, it also highlights positive steps taken in some countries to combat sexual violence. Rwanda, for example, has taken significant steps to implement a victim-centred approach in both the investigation and prosecution of sexual violence cases. This approach, focusing on the needs and rights of survivors, has made it a leader in addressing sexual violence on the continent.
Senegal has introduced ‘law shops’ offering judicial, legal, and psycho-social services to sexual violence survivors, providing a more comprehensive and supportive response to victims. In Malawi, courts have started to impose tougher sentences for convicted rapists, signalling a shift towards more robust accountability.
For instance, in 2021, a high court in southern Malawi sentenced a 33-year-old man to 40 years in prison for raping a nine-year-old child, setting a strong precedent for harsher punishment in such cases.
Calls for reform
Equality Now is calling for African governments to ensure their rape laws align with international human rights standards. Ncube emphasised the importance of clear, consent-based definitions of rape, which encompass all forms of sexual penetration, no matter how slight. ‘By ensuring that rape laws cover all forms of sexual penetration and by treating all victims equally, governments can start to close the gap in justice for survivors,’ she said.
The call for reform is urgent, as the current system leaves many survivors without access to justice or adequate protection from their abusers. The narrow legal definitions of rape allow perpetrators to exploit legal loopholes, undermining the fight against sexual violence in Africa.
As Equality Now’s report makes clear, the struggle for justice in rape cases in many African countries is far from over. However, by learning from the positive examples of Rwanda, Senegal, and Malawi, there is hope that more nations will adopt stronger, victim-centred approaches to tackling sexual violence and ensuring justice for all survivors.
The Equality Now report underscores the need for sweeping legal reforms across Africa to address the gaps in rape laws and to ensure justice for survivors. By adopting clear, comprehensive definitions of rape based on consent and supporting the legal, social, and psychological needs of victims, African nations can make meaningful progress in combatting sexual violence.
