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Girl Child Network commemorates International Women's Day
Girl Child Network
February 25, 2005

Below is a recent memo to the Ministry of Justice about the plight of women and girls especially on pending rape cases from Girl Child Network which is still getting the so much needed attention.

. . . It is unfortunate and disheartening that cases of child sexual abuse are increasing in an undeterred manner in Zimbabwe. Although awareness on the menace has been raised to over 80% in many communities resulting in increased reporting, processing of child sexual abuse cases has remained painfully slow, frustrating victims in the process. The justice system in addressing sexual abuse cases is by no means encouraging to the rape survivor and at most is creating a situation where potential perpetrators do not see serious consequences coming their way should they abuse anyone. Over the years, Girl Child Network has seen a trend where cases of child sexual abuse can drag on for more than a year, sometimes up to not less than two years before being finalized at the courts where in most cases the perpetrator would get a jail sentence of around four years.

The much publicized victim friendly court system is unfortunately not helping matters either. In most cases the system is not used especially in the rural areas where girls go to court without being oriented and adequately prepared for the court process.

In some cases the process has worked in the favour of the perpetrator as in the case of a 2 year old girl we will highlight in this document. Although in court the victim and the perpetrator have no direct contact, 95% of the cases we have dealt with show that perpetrators are remanded out of custody, giving them direct access to their victims. It defeats the whole purpose for a person who will be known to have raped a minor to be seen walking free in the community for a whole year. Wrong signals will be definitely sent to other would be perpetrators who will think that one can easily get away with rape. When the perpetrator is finally convicted, maybe after a long period on bail or after being remanded out of custody on free bail, people may not even be sure whether it is the rape case that occurred a long time back or something else that would have resulted in the incarceration. To add salt to injury, the jail sentence may be as low as 2 years with a wholly suspended one year, making an effective one year in jail only. This is unfortunate and only adds to further traumatize the victim who unfortunately will suffer from the effects of the abuse for her entire life that is if she is lucky not to have been infected with HIV and AIDS. Simply put, it means a rapist either gives his victim a life "jail" sentence of trauma or death sentence through HIV and AIDS and in return he gets a short jail sentence averaging four years. This to say the least is regrettable.

Presentation of cases with queries

• Recently the Herald Newspaper carried a story of a 13 year old girl who was married off in the Apostolic Faith church in Bocha. GCN went to intervene and rescued the girl ensuring that the perpetrator was arrested. In a move that we applaud the case was fast tracked and within four months, it had been finalized at the courts. The fast track however ended up as a mockery that flew straight into the face of the country's justice system. The perpetrator was slapped with a wholly suspended five month jail sentence simply because he has offered to marry the girl. The repercussions of this particular case are far reaching considering that the religious sect is notoriously known for marrying off young girls and carrying out illegal virginity tests. To the church and to the nation at large this was a test case that will definitely set a precedent.
  The lesson learnt from this case is that the courts condone forced marriages even involving minors as young as 10 years old. Effectively it means the church had the last laugh as the ruling was evidently in its favour and clearly gives it the green light to continue with forced marriages of minors.
• The case of a 2 year old minor previously alluded to also serves to confirm that indeed something is wrong with the justice system. The neighbour who raped her was acquitted due to lack of evidence as she could not demonstrate to the court what exactly happened using the 'Anatomically Correct Dolls'. The highly respected court, although acknowledging that sexual abuse occurred as supported by a medical report, found no evidence linking the alleged perpetrator to the abuse. This was despite the fact that the minor was constant in finger pointing the alleged rapist. The grounds for acquittal were that the girl could not demonstrate how the abuse occurred. This leaves a number of unanswered questions: - If it is generally agreed that an abuse took place, and the alleged abuser is known and identified, can failure to demonstrate that the abuse took place by a 2 year old minor be a reasonable ground to dismiss a case? Despite presence a medical report confirming abuse, a technicality was raised that in essence disputes the medically verified fact of abuse. Does it means then that if the girl cannot prove that she was forced into the sexual act it is not rape that led to evidence of sexual penetration but maybe unusual sexual arrangement? That with a two year old girl? The questions are just too many.
• The case of Viola also leaves questions in the justice delivery system. The victim was allegedly raped by her employer, who also happens to be a distant uncle. After being dumped and left destitute, Viola was brought to GCN. Although the case had been reported to the police, GCN discovered that the perpetrator had not yet been arrested. The police claimed that the perpetrator was playing hide and seek, running away from them. It took a concerted effort between GCN and the police for a mid-night raid at the perpetrator's house to finally have him arrested. On the initial remand hearing in court, the perpetrator was released on bail despite the fact that police took over four months playing hide and seek with him. It is surprising to note that someone who had been running away from the police for a long time was now suddenly trusted to abide by his bail conditions. It is our factually held view that the learned magistrate erred in granting bail to a man who was not likely to cooperate with the justice system. We have been vindicated in this respect as the man has since skipped bail and the police are frantically trying to find him armed with a warrant of arrest.
• The case of Maria who was sexually abused by a stranger at Rusape bus terminus was also thrown out and the perpetrator was acquitted on the grounds of insufficient evidence, yet the doctor's report proved that penetration was effected.
• Another case is still going on at the Chitungwiza courts of a school deputy headmaster who indecently assaulted two girls. It is now over four months from the time the case was reported and the deputy head is out on bail and still at the school where he is a symbol of authority. Interference with the girls cannot be ruled out as we have established that they now live in fear. The same authority is in the Katsiru case in Marondera. No one knows when the thirteen year old girl he allegedly raped in Marondera will get rest. The girl is living under terror and trauma and so far has attended court sessions most probably more than classes
• The perpetrators who allegedly raped two school girls in Bindura were released on bail and are back at the bus terminus where they used to operate from before being briefly thrown into the cells.
  We have reservations about this considering that violence and intimidation was used in committing the offense and the likelihood of the perpetrators attempting to "silence" the victims is high. This is aggravated by the fact that touts are generally known to be violent and rough in their approach. What it means is that the girls are effectively denied their rights and liberties as they cannot go to school via the bus terminus, thus suffering a double barreled tragedy. The fact that the perpetrators are now out of custody and freely walking about has forced one of the girls to be transferred from the school.

Many of the cases we have indicated reveal that the perpetrators are out on bail. Some of the cases are highlighted below:

• Anna (11yrs)
  Sexually abused by a relative in Rusape. Abuser was arrested but is out on bail
• Sione (13yrs)
  Sexually abused by an uncle. Case still pending at Chitungwiza Court. Accused is out of bail
• Chioneso (7yrs)
  Sexually abused by two uncles. Case is being heard in Chitungwiza courts. The accused are out on bail.
• Roselyn (6yrs)
  Sexually abused at a local butchery at Makoni Shops. Accused arrested but out on bail
• Sarah (7yrs)
  Sexually abused by father. Perpetrator arrested but is out on bail
• Tafara (8yrs)
  Raped together with a friend by a neighbour. Abuser arrested and is out on bail
• Melinda (7yrs)
  Sexually abused together with a friend by a neighbour. Abuser arrested and is out on bail
• Lenia (10yrs)
  Sexually abused by an uncle. Accused arrested but is out on bail since 2003 and is said to be on a warrant of arrest
• Mitchelle (7yrs)
  Raped by a stranger. Accused arrested but is out on bail
• Bertha and Shelter (9yrs and 5yrs)
  Raped by father. Accused was arrested and case later dismissed in court due to lack of evidence though doctor's report proved there was penetration
• Rumbidzai (6yrs)
  Raped by father. Accused was arrested, granted bail and later fled. Perpetrator skipped bail and warrant of arrest issued. He is still at large
• Georgina (15 yrs)
  Sexually abused by a neighbour. Accused was arrested but is out on bail
• Nyatondo (9yrs)
  Sexually abused by a stranger. Accused arrested but is out on bail
• Tariro (16 yrs)
  Sexually abused by a lodger. Case dismissed in court for lack of evidence
• Tanyaradzwa (5yrs)
  Sexually abused by mother's boyfriend. Case still pending with police

NB The names above are fictitious to protect individual identities.

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