about rape

Tradition and help around rape in Botswana: 2000

The facilities which exist in terms of helping abused women are "not the best to address violence in our culture" admits deputy director of the Women's Affairs Department Batsane Tjiyapo.
The table below shows what percentage of respondents reported abuse to which type of authority/institution

Abuse reported to: percentage Family 26% Tribal administration 23% Police 20% RCC 13% Social worker 6% Magistrate 3% Doctor 3% Church 3% District Commissioner 3%

If the family can't solve the situation then the woman will probably approach her local ward headman and/or chief. The case may then proceed to the kgotla/customary court. If the situation is still not resolved then the woman may appeal to the police, the DC, or a social worker. When all these avenues fail, as they frequently do, the woman approaches an NGO such as RCC.

1. FAMILY

Culturally a woman who is being abused by her husband is expected to approach her mother-in-law first. Yet stakeholders question how many women are really accepted by their mothers-in-laws. In some cases, the in-laws actually contribute to the physical abuse. 1

2. Tribal Administration

Rural women are more likely than their urban counterparts to report domestic violence to a Chief or headman. Customary courts, presided over by a Chief, are accessible in many ways. They tend to be situated within walking distance, the language and procedures are familiar and understandable. Many believe that traditional leaders are the most effective in resolving family disputes, although in actuality many cases are often referred back to the family to solve. Kgosi Tawana II, Batawana Paramount Chief, says when people approach his Maun offices for help he normally asks if they have talked to their parents first. They usually say no, and Tawana refers them home.

Tawana says tribal administration does more counseling than the council's social workers but that they need technical help. He also bemoans the way the tribal system has changed. In the past even if a woman withdrew a case or never actually pressed charges, the Chief would call the man in and perhaps the man's peers as well. Today, under the penal code, if a woman withdraws a case then there is "nothing that can be done".

Many women still believe they can't represent themselves in the customary court and may dread being questioned on the finer points of their relationship, especially if they are cohabiting. There is no provision for lawyers in the customary court. If a woman feels justice has not been done (for example the Chief has sided with her husband) it is hard to get the case referred out of the customary court system.

Many stakeholders feel that the traditional role of the Chiefs in family disputes has diminished in recent years and they also accuse Chiefs of being biased in favour of the man. However it is clear that in Maun cases are dealt with quicker and cheaper at the customary court than at the magistrate court.

3. POLICE

The police are on the front line in the fight against violence against women but are understaffed, under-funded and, in most cases, grossly under-trained. The attitude of the police towards rape and domestic violence is generally felt to have improved in recent years. Says one service provider: "Junior officers are courteous, deal with cases quickly and are exceptionally helpful. This marks a complete turn around from five years ago when it was the junior officers who were the major problem, now they are making a tremendous effort".

Officer Commanding Edna Gilika admits that until recently the police neglected issues concerning violence against women "because of the custom that believes a woman is supposed to be the subject of the man".

4. Rape Crisis Centres

RCC staff and trustees have several times felt forced to accommodate a client for reasons of safety and because there is no other support system in place. One trustee has accommodated a client four times in the past three years. In each case a close relative was involved in the violence. In one incident a father had sold his daughter for ritual murder. The seriously traumatized 15 year old needed emergency accommodation for three months, during which time a security guard had to be hired. In another case a 13 year old who had been raped by her step father was accommodated by two RCC trustees and one member for eight days. Just 24 hours after the girl returned home, she was hospitalized suffering from stress-induced asthma.

5. SOCIAL WORKERS

Council social workers come under the heaviest attack in terms of failing to provide support for abused women. They are commonly accused of neglecting or refusing to follow up cases that have been reported to their offices and of generally "fearing" to "interfere" with domestic disputes, however violent.
While social workers have the power to go to someone's house, for example to assess a complaint, and to help destitutes with food and clothes, they rarely do so. to them for help".

6. MAGISTRATES COURT

The Magistrates court is generally an intimidating and unpleasant place for women, especially if they are the complainants in crimes such as rape. Although rape cases are now held in camera, women still suffer distressing cross examinations and are clearly reluctant to be specific when it comes to describing the assault. (Even court judgments refer to "private parts" when specifying the crime).
Court records show that women are frequently cross-examined by the (alleged) rapist and the questions can be intensely personal and mocking.

In one recent case, a woman gave a very detailed piece of evidence in court. The accused argued that the woman was his girlfriend and that she had been unfaithful. The magistrate said in his view it wasn't possible for the man to have assaulted the woman in the way she had claimed without her attracting help. He also doubted that she could have been assaulted in such a busy area. The magistrate decided the woman was not credible, and as the accused's story was "not impossible", he found the man not guilty.

7. HOSPITAL

Although a medical examination can be crucial for a conviction, both RCC and court records show that women are often not examined until some days after the rape. Patients at Maun General Hospital are often told to come back the next day.

8. DISTRICT COMISSIONER (DC)

The DC is generally accepted as a popular avenue of support for people with marital problems including domestic violence. A major problem with this course of action is accessibility. There is only one DC servicing approximately 100,000 people and he is frequently out of Maun. The benches outside the DC's office are always full of patiently waiting women. Many who have appealed to the DC for help say that while the DC's office is receptive, intervention is non effective with no follow up. Others say their marriage was saved or their situation resolved purely through the intervention of the DC.

CHURCH

The church plays an important role is most people's lives, yet few people in this survey and very few of RCC's clients appeal to the church for help when it comes to gender violence. In terms of rape cases, only five percent of clients turn to a preacher for assistance.