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Girls traumatic experiences of proving rape beyond reasonable doubt
Betty Makoni, Girl Child Network (GCN)
November 01, 2006

Rape and the world of men
Rape cases of minors are increasingly being reported to police, non governmental organisations like the Girl Child Network and subsequently brought to court in Zimbabwe. For a girl aged two to be raped by an old man, questioned by a policeman, examined by a male doctor, "assisted" through the justice system in court by a male prosecutor, listen to a male defence lawyer interrogating her and then finally listen to a male magistrate acquit the perpetrator after she has failed to prove beyond reasonable doubt that the old man is the perpetrator is traumatic. To be raped by a man and then go through the traumatic experience of being assisted by men leaves a lot in the mind of the minor. Each time a perpetrator is acquitted, girls attempt to commit suicide, lose confidence in everything and cry for the rest of their lives. The men’s world is not a fair world, according to survivors of rape. When a girl is raped by a man and then go through proving beyond reasonable doubt to a network of men that rape indeed happened leaves permanent psychological injuries. This is often taken for granted.

In one court session in Harare a male defence lawyer asked a girl whether she was a virgin before the rape act as if non virgin girls deserve to be raped. When the girl answered "yes" he pulled out a male doctor’s report and embarrassed her in open court, "Exhibit number 1. The doctor said she was sexually active, your Honour he said." There were giggles by males in the court and the poor girl was brought in temporary trial session for not being a virgin. One girl pointed out during a counselling session that she almost shrank to death when a male doctor examined her vagina by inserting fingers. She felt as if this was secondary rape. But how else could she have avoided this examination if only she had to prove beyond reasonable doubt that she was raped. When the Criminal Law Codification is effected, it is a big relief to see female nurses allowed to write medical reports to be used in court as evidence. It will be rape in the world of men and women at long last. One wonders if a girl was in the first place threatened how else can she prove beyond reasonable doubt that the same rapist blocked her path to opening up.  

The case of Chipo the minor again
Chipo (not her real name) had her case shelved in court on 2 June 2004 due to lack of evidence. It is alleged that Chipo failed to demonstrate how she was raped through male and female dolls. She had to use dolls to prove beyond reasonable doubt how the old man raped her. In court, children have to show through role play of dolls the "rape act" and to them repeating the rape act through role play of dolls is as traumatic as having a doctor insert his fingers in the vagina. So they would rather play with the dolls than demonstrate sexual violence perpetrated against them. When Chipo played with the dolls peacefully rather role play sexual violence the court acquitted the perpetrator and they said she could not say or do what exactly happened.

The Rape Act
This is deeper and more personal. A child has to repeat the same act to show whether she recalls the act itself. A woman of my age would not like such an act stage managed consciously knowing everyone is watching as it is disgusting. The dolls to some children are toys they play with and never want to see them rape each other. To a lot of children violence is the last thing they want to see on their toys. The rape act is sexual violence and no child wants to demonstrate violence on their own dolls. In court, the " Rape Act" is stage managed through dolls and child theory tells us that there are negative repercussions on the part of a sexually and psychologically injured child.

The Rape Act has happened even with children who can relate their stories verbally. They are asked to demonstrate through male and female dolls how they were raped. Many a times children notice that adults are looking at them do it and many are ashamed to act out sex for they know their parents say its "immoral". Some children shrink so much that they fail to stage manage the rape act in court.

Dolls increase the degree of trauma in some sexually abused children and adults
Are dolls an African concept? Many children are not familiar with male dolls with imitation of male organs hanging down in very scaring positions. Many children are familiar with female dolls whose genital organs are internal and therefore have some form of privacy. Many of us have never seen a male doll because patriarchy forbids. If ever we are to use male dolls in court we have to educate children even in school so that they do not bump into them in court as they try to prove beyond reasonable doubt that they were raped.

Chipo told a counsellor the painful part of her body and what had happened to her without using dolls. She touched the vagina and said, ‘Tito akandiisa chinhu chake". That was her simple way of stating that she was raped and there was no need to show it through male and female dolls because that would be secondary rape of the minor. So with children who open up why can’t we trust what they say? Why would a child point Tito and not the rest of men?

We need to urgently devise ways of managing pain and trauma in minors who are raped. It is painful to repeat an act of rape through male and female dolls if you can easily say that through word of mouth. Rape penetrates into the whole family and it is so piercing that one has to take care to minimise degree of injury when children seek justice.

Children heal faster when perpetrator is punished
For many of us we always argue whether it helps to have the perpetrator behind bars.. Justice and counselling are true ingredients for fast healing for most little girls who are raped. Any action that reassures the rape survivor that perpetrator is punished, facilitates healing because the survivor does not feel a sense of guilt where she constantly blames herself.

Activism around rape
Sometimes judiciary activism around rape of minors is a more effective way of dealing with prevention of rampant sexual abuse of children. This warns would be rapists. For minors it is critical to have rapist jailed. Each time a case of rape is postponed in court girls are even more traumatised. The rapists haunt them in the homes, schools and communities. Certain places for minor girls become no go areas because they know rapists would repeatedly harm them. Until rapists like murderers are sentenced to life in jail then survivors of rape know that when they eventually come out of prison they will be haunted for life like in the case of an eleven year old girl who upon the release of her father who had served 7 years in jail for raping a thirteen year old domestic worker, he came to rape her and infected her with HIV and AIDS.

Food for thought
We have all unearthed rape of minors and so what is the next step? Do we need to give it a day of planning when we are at the moment looking at a minor who has been fatally wounded? Haven’t we talked about this for long? Do we not need to urgently put up a team for Urgent Action on rape of minors in the home, police, courts, schools, churches and just everywhere to spearhead this and other pending cases? For rapists of minors they should be guilty until proven innocent and never vice versa. Recently media reported rape of a one day old baby girl and there was no outcry. The whole country a few weeks ago was gripped with fear and panicked when an 18 year old man married a 45 year old woman. What hurts a man calls for action yet there are thousands of under 15 year old girls raped and forced to marry 70 year old men. Unless and until we are sensitive to the trauma girls go through when they are raped then our action remains infective.

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