Rape and the Revised Rape Law- Perceptions, Knowledge and realities on the Ground

Rape and theRevised Rape Law Perception, Knowledge andRealities on the ground

Government UN Joint Program on Sexual and Gender BasedViolence

[2011]

Supported by

Swedish International Development Cooperation(Sida)

[Rape and the New Rape Law- Perception, Knowledge and Realities on theground] Page 2

Table of ContentsUAcknowledgementsU.....................................................3

UIntroductionU.........................................................4

USection 1U............................................................5

URESPONSES BY LEGAL EXPERTSU.........................................5

USection 2U...........................................................12

UGENERAL PERCEPTIONSU...............................................12

USection 3U...........................................................21

U3.1 CORRELATION OF RESPONSESU......................................21

U3.1.1 Understanding of RapeU......................................21

U3.1.2The New Rape Law and the Criminal Court EU..................22

U3.1.3 Knowledge on the GroundU....................................22

U3.1.4. Sexual Exploitation and Abuse (SEA)U.......................23

U3.1.5 JuvenilesU..................................................23

U3.1.6 Awareness and SensitizationU................................24

U4. RECOMMENDATIONSU................................................25

U5. AnnexU............................................................26

U5.1. Brief Background Information on CommunitiesU..................26

U5.2. List of IntervieweesU.........................................28

U5.3. Frequently Asked Questions (FAQs)U............................30


0BAcknowledgements

The following statements are part of a study carried out by the KofiAnnan Institute for Conflict Transformation for the GOL-UN Jointprogram on SGBV. It draws on the contribution of many people fromCorrections, SGBV Crimes Unit, GBV Unit Ministry of Gender andDevelopment, and Ministry of Justice, and would not have been possiblewithout their support. Special thanks go to all participants in thisstudy and their willingness to share their knowledge, views andconvictions as well as to Mr. Felesu F. Swaray of the Kofi AnnanInstitute for Conflict Transformation and Ms. Anna Stone from NRC whoneeds to be acknowledged for their valuable inputs and constantassistance in carrying out research. Further thanks go to Dr.Madhumita Sarkar, Program Advisor; Government UN SGBV Joint Programmefor her inputs, guidance on methodology and for involving the KofiAnnan Institute in this study. Ms. Fatu Daramy-Mensah from theMinistry of Justice needs to be recognized for her substantialcooperation in carrying out workshops and trainings with securitypersonnel and prisoners which finally resulted in the development ofthis study. We would like to thank Silke Pietsch from Kofi AnanInstitute of Conflict Transformation for leading this study and theSwedish Development Agency for their support.


1BIntroduction

Over the past two years, the Government of Liberia in collaborationwith the United Nations and other national, international partners hassucceeded, to a certain extent, to meet the multifaceted challenge ofGBV. Despite some significant achievements, challenges persist inaccessing services in rural areas including inadequate medicalfacilities at community level that offer clinical management of rapeas well retention of qualified health professionals, compounded byinadequate and weak infrastructure in counties. In the justice sector, establishment of a SGBV Crimes Unit andCriminal Court E dedicated to only hearing rape cases, availabilityof ‘Rules of Procedure’ for use by the Criminal Court E, and Copies ofbench book has improved the institutional response to GBV incidences,particularly rape at national level. Similarly, support to judicialinstitutions in counties in form of appointment of County Attorneys,provision of legal support services, consistent monitoring andtracking of GBV cases has increased number of cases in docket. Eventhough capacity of several National and County level Judicial[Rape and the New Rape Law- Perception, Knowledge and Realities on theground] Page 5

Institutions were enhanced as a result of the interventions under theJoint Programme, successful adjudication of cases continue to be achallenge, primarily due to the culture of impunity, settling casesthe “family way”, inadequate logistics and infrastructure, low qualityof investigation and limited capacity of the members of jury boards.Monitoring under the GOL-UN Joint program on GBV has reaffirmed theneed for multi-sectorial, inter-institutional approach to addressingthe problem of GBV, including sexual exploitation and abuse (SEA) inLiberia. There are several initiatives in place to respond to andprevent GBV in Liberia. To this end, recognising the critical role ofthe border security sector at the border point in ensuring that womenand children moving across the border are protected against SEA andall forms of GBV, including trafficking trainings for border securityforces in four border counties was proposed. The training was designedto create an opportunity for the border based security personnel todialogue among themselves and the community in view of understandingbasic concepts of gender and how it relates to their day-to-day workof law enforcement and ensuring enjoyment of human rights. Recognisingthe need of such trainings, the Ministry of Justice (MoJ) with thesupport of United Nations (UN) conducted workshops for security sectoractors across the country, including prisoners. Out of these trainingsemerged the frequently asked questions (FAQs) for which, a need forgeneral understanding on responses from different stakeholders versusa standardised response by professionals became apparent. The documentprovides responses by experts in Section 1 and general perceptions ofcommunity members in Section 2. Section 3 provides a brief analysis ofthe responses and recommendations for future programmes.

2BSection 16BRESPONSES BY LEGAL1 EXPERTS

1 Lawyers from Liberia including SGBV Crimes Unit[Rape and the New Rape Law- Perception, Knowledge and Realities on theground] Page 6

1.What will government do for those who have been inprison without trial for more than a year?

The Ministry of Justice is in the process of reviewing cases wherepeople have been waiting for more than 2 court terms for their case togo to trial. Already the Ministry of Justice has released more than 60men and women. But this is a long and time consuming process as eachperson involved in the case needs to be found and their evidence ortestimony re-given.

The Ministry of Justice has also established a probations unit who iscurrently piloting a project that seeks to speed up such a process aswell as support those women and men who have been waiting in jail thelongest.

2.What is Rape?

Rape is Sex against the Law.

A person who has sexual intercourse with another person ( male or female) has committed rape if:

1) Having sex by using the penis with someone who was forced or didnot agree

2) He/She intentionally penetrates the vagina or anus of anotherperson with a foreign object or with any other part of the body (other than the penis) without the victims consent..

3) A big person over 18 years, having sex with someone who is notyet 18 years, even if the person agrees or was not forced.

3.Is it possible to rape your wife or husband whenyou are legally married?

Yes, a wife or husband can be raped by his/her partner. The Liberianrape law does not allow for any exceptions to the application of theabove definition of the rape law. Everyone has the right to refusesex, no matter what their relationship is with that person.


4.What is the New Rape Law?

The Liberian rape law was revised in 2005, so it is not really a newlaw anymore. The changes that were made were done so as to make thelaw more in line with international standards surrounding the rightsof women and men.

The new rape law widens the definition of rape to cover penetrationwith any foreign object, not just the penis, and also raises the ageof a child to 18 in harmony with the Convention on the Rights of theChild. Those under the age of 18 are now automatically deemed not tohave given consent. The law also covers gang rape and stipulates apenalty of life imprisonment for the rape of women, girls and boys.The issue of marital rape was raised during this campaign but defeatedby the majority male-dominated legislature.

The new amendments proposed the following changes to the parent law:(i) A broader definition for the offence of rape;(ii) Specifically provided for gang rape as a more severe form of

rape with stiffer consequences;(iii) Increased instances of rape that qualified as a first-degree

felony and proposed first-degree rape as a non-bailablecapital offence;

(iv) Afforded more protection for children under the age of 18;and

(v) Couched the rape in a more gender neutral language therebymaking the offence of rape to be committed by both men andwomen.

The law has increased the age of consent to 18 years. The old lawconsistently referred to 16 years as the age of sexual consent. Thisprovision thus domesticates international human rights standards withrespect to age of majority – 18 years.


5.What are the Mechanisms put in place to determinewhether rape accusation is genuine given the factthat some women falsely accuse men?

Many people seem to think that a lot of women falsely accuse men ofrape; statistics show however that that is not really the case.Liberia, as in many other countries have a number of mechanisms andprocedures in place to prevent an innocent person being found guiltyof rape. For example:

1. The police have the sole responsibility of investigating areported case of rape. The police are required to collect as muchevidence as possible. This evidence is put into a case file,which is then given to the County Attorney, who then reviews theevidence and decides if it should be taken further.

2. The County Attorney then presents the evidence at a preliminarytrial where he/she needs to show probable cause.

3. The case then goes to trial where at a lower court a jury hearsall of the evidence and decides if the person is guilty or not.

4. The defendant can appeal the final decision via the use of theSupreme Court. All rulings by the Supreme Court are final andcannot be appealed.

6. What is evidence? How do you prove those cases?

Evidence is anything and everything that is in some way connected to acase! It can be a statement given to police by someone involved in theincident or someone who saw something or it can be an object that issomehow connected to the incident.

Let’s take the incident of a motorbike rider killed in a car accident.The evidence the police are likely to collect would be:

1. Statement from the driver of the car2. Statement of people that saw the accident happen3. Medical report from the hospital that would confirm the

motorbike rider had died and the type of injuries he had.


4. Statement from the police who first responded to the scene ofthe accident.

5. The motorbike (to be able to show that the car hit the bike)6. The car (to be able to show where the car hit the bike)7. Broken glass or plastic that came from the motorbike or car8. Drawings or photos of the area where the accident took place

For a rape case, the collection of evidence is much harder than theexample above, and proving rape in a court of law is perhaps the mostdifficult of all crimes. This is due to the following reasons:

1. Rape often takes place when no one else is around, sowitnesses’ statements are difficult to obtain and in manycases witness does not exist.

2. Potential evidence of rape such as semen or blood is often onthe victim’s body which disappears if she (he) showers /bathes.

3. Cuts, bruises and scratches, especially those on the genitalarea of a women’s body heals very quickly. Think about whenyou accidently bite your own tongue – it stops bleeding withina few seconds and the mark disappears within a few hours. Thevaginal area of a women’s body is similar.

4. Adult bodies are structured to have sexual intercourse, soeven when rape occurs there may be no cuts or bruises on thewomen’s /men’s body. This does not mean that rape did not takeplace.

5. Due to prevailing (cultural) practices, women and childrenespecially are often too scared to tell people what hashappened to them. They may only tell part of the story whenthey initially report fearing shame and blame by theirfamilies or friends. This does not mean that the rape didn’ttake place or that she is lying. Police and court officialsneed to be encouraged to take their time when interviewing thevictim(s), making sure she feels safe and supported and notjudged.

Common forms of evidence in a rape case are:


Statement from the victim(s) Statement of someone who saw the victim(s) with the accused

immediately before the crime took place Statement of someone who saw the victim(s) immediately after the

crime took place Medical Report that documents any physical injuries the victim

may have Clothing the victim was wearing when the crime took place Any other clothing, fabric or sheets that the victim(s) may have

been laying on when the crime took place or afterwards when thevictim(s) may have still been bleeding and/or discharged bodyfluid.

Photos or drawings made by the police of the scene of the crime

7.When alleged victim is sent to the hospital withtheir relatives why don’t they allow the family ofthe accused to come along to witness theexamination process at the hospital to be around toensure there is no foul play?

When a victim of rape is sent to hospital she is examined by a nurseor Doctor that specializes in clinical management of rape. They aretrained not only in how to conduct the examination but also in how tosecure any evidence that they may find on the victim’s body as well ashow to document all that they see during the examination. Allhospitals in Liberia have a set of guidelines on how such anexamination is conducted so as to minimize the opportunity for foulplay.

This type of examination is very hard for someone to undergo – itinvolves having her entire body, including her genitals looked at bythe doctor or nurse. Sometimes the examination also includes aninternal examination of the genitals. To have anyone outside of theperson’s support person (mother, sister, aunty etc) and the medicalstaff would further embarrass and harm the victim.


8.Can the law regulate the dress code of women?

No, the law cannot and should not regulate the dress code of women ormen. This is against the principle of individuals’ fundamental rightsto choice.

Many people believe that one of the main causes of rape is how womendress, but this is not true. Women are raped wearing all kinds ofclothing, from traditional long skirts and lose dresses to jeans andshort tops to bathers. Here in Liberia we see high rates of girlsunder the age of 13 being raped – often they are wearing a schooluniform or in the case of 1-2 year old nappies. In other words, dressof a rape victim cannot be and shall not be regarded as a cause ofrape; rape is a criminal offence and generally there are clear motivesbehind committing such offence by perpetrators, which constitute thecauses of rape.

9.Before the law was passed, why was there nosensitization?

The Association of Female Lawyers in Liberia (AFELL) was the leadagency in the campaigning and drafting of the revised rape law in2005. A number of consultations were held with both community members,in counties and the legal experts before and during the revisionprocess.

As with any other law, the final draft was approved by the Presidentand then the Senate.

10. When you are charged with rape, why is there noalternative but to put you in jail?

Rape is a serious crime and as such is treated the same way as otherserious crimes such as murder. The Liberian law requires all thosecharged with rape to be held in jail whilst awaiting trial (it isimportant to note that certain regulations are in place as to how longa person should be kept whilst waiting for the trial). It is also inthe interest of the security of both victims and accused/perpetrators.


11. What is the age of consent?

According to Liberian law no person under the age of 18 is allowed toconsent to sex.

12. Do you have a juvenile court?

Juvenile courts are needed throughout the country, however at themoment there is only one functioning juvenile court (which is inMonrovia). This is an area that the Government is working on.

13. Will the children in prison be able to read andwrite?

Prisons throughout Liberia have different programs available for theinmates. In some prisons it may be possible for inmates to attendliteracy classes. This is an area that the government is trying toimprove.

14. What is the justice Ministry doing for thosewho have been in here in Prison for two ormore years?

The Ministry of Justice is aware that people are staying too long inprison without being charged or found guilty by a jury. The Ministryof Justice has established a committee of prosecutors and legaladvisors to review such cases.

“[…] that is our biggest problem. And that problem is not with ourpolice, it is not the court, but the court system. And then peopleare just not doing their jobs properly.” (Lawyer)

15. People today exchange sex for money. If theperson talks to a person above the age of 18 is


that SEA? Will the person be charged withrape?

People over the age of 18 can still interact and talk with peopleunder the age of 18 –they just cannot have sex with anyone under theage of 18. If a person pays someone under the age of 18 to have sexwith them they will be charged with rape.

Sexual exploitation and abuse is a form of GBV. Anyone can commit sexual exploitation and abuse, but the most likely perpetrators are males and the most likely victims are females. SEA is a violation of human rights and an abuse of power. Those with more power are more likely to perpetrate; those with less power are vulnerable to becomingvictims. “Sexual exploitation” is any abuse of a position of vulnerability, differential power, or trust for sexual purposes; this includes profiting monetarily, socially or politically from the sexual exploitation of another; Sometimes, it happens that girls at schools are forced to have relationships with their lecturers or else they will fail in the exam.Some managers at work places as well as in the IDP (Internally Displaced People) camps take the opportunity of their vulnerability tohelp those girls in exchange of something.

16. When children engaged in sex work are takenfrom the street, where is government takingthem? Are there any plans for those children?

Vulnerable and at risk children are taken to Safe Home or long termcare that is run by either the government or by local or internationalorganizations (NGOs). Such places, facilities, are required to followan agreed set of guidelines so as to ensure the safety and protectionof all who use the services of such facilities.In most cases a social worker will talk with the child to find outabout her history and her family. An assessment will be done of the


family to see if it is safe for the child to return to and live withthem. If the social worker feels that it is not safe for the child she/ he will remain in the safe house or foster home.

17. Assignment and indictment, which comes first?

Assignment comes first; it is assigning the case from magistrate to circuit court because of jurisdiction. An indictment in the legal system is a formal accusation that a person has committed acrime.

18. If a girl is 16, got pregnant and got achild, and later someone else went to marry her,are they committing rape?

According to the Liberian law no person can consent to sex under theage of 18, so anyone that she does have sex with is committing rape,even if she is married to them, even if she wants to have sex withthat person. Marrying a girl below 18 is also a crime.

3BSection 27BGENERAL PERCEPTIONS

1.What will government do for those who have been inprison without trial for more than a year?

“I think the government should trial them. But you can’t let them injail without trial because you don’t know whether they are guilty ornot. “(Woman in Red Light)


“Most of the people have been accused falsely and they are waiting fortrial. If you are found guilty you stay in prison for ten years.”(Female Student at University of Liberia)

“It cannot do anything really.” (Two women in Watanga)

“We realize that people stay long in court, because our justice systemis weak […].”(female youth)

2.What is Rape?

“Rape is when you forcing another person to have sex or three, fourmen are forcing a girl to have sex that is rape.” (Woman in Douala Market)

“One of the questions I asked at aworkshop was whether a woman can rapea man. And I still think it is noteasy for a woman to really rape aman.” (Man in New Kru Town)

“Yes, everybody is talking about rape,rape, rape. And rape to me is not fairespecially people going and spoilinglittle children. […] My father wastelling me they are not just doing it because of sexual desire.Especially the little children are getting raped because for medicalreasons, to heal.” (Man in Douala Market)

“Rape is a crime of the highest degree. And what Islam first andforemost forbids is fornication, so rape in all its ramifications isforbidden.”(Religious and Traditional Leader)

“We refer to rape as wickedness. Because when we were born we neverexperienced rape. But what now is happening is complete wickedness.”(Religious and Traditional Leader)

I think the definition of rape does not really suit the Africansetting. It is about the relationship between men and women basically.In our setting we say the woman is bonded to the man and has to


perform her duties in the home. Whether she is tired or not she isthere to please and satisfy the man. But on the other side, in theEuropean setting, the woman has to agree, so therefore it is rape. Andthat contradiction it creates conflict and confusion.” (Liberian NGO)

“First degree rape and second degree rape are the two categories ofrape. First degree rape is when you rape the person and she dies orwhen it is gang rape. Second degree rape is when the age range is notfar and where you find two peer having sex and another alarmsfoul.”(Male high school student, Sinkor)

3.Is it possible to rape your wife or husband whenyou are legally married?

“From the biblical perspective once a woman and man marry their bodiesautomatically become the body of the man. And whenever he wants youhave to provide, because biblically one and one is just one. I don’tthink the government will consider this rape because I’m legallymarried to her. She is my wife and her body belongs to me. “(Man in NewKru Town)

“Rape can be in a legally married home. The woman is not a machine.”(Focus Group with men in Banjor)

“In Islam the question of rape does not come. To fulfill sexualdesires within marriage is an obligation within marriage of a husbandand a wife. You see the sexual relationship between a man and hiswife is a private secrecy. If a woman or a man come out and say herhusband or wife raped me, don’t just look at the allegation but godeep down. There is some evil motivation. But we don’t do that inLiberia.”(Religious and Traditional Leader)

“Rape within marriage does exist in the modern life, but not in thetraditional setting.” (Religious and Traditional Leader)

4.What is the New Rape Law?

“The new rape law is very good and very bad. It is very good becauseat least there is a law now to protect the rights of women. The bad


thing is when someone accuses another one of rape false, and […] themale who is accused and has no witness.” (Liberian NGO)

“If they catch you raping anybody for that matter you will go in jailfor your life time that I know so far. But some time in Liberia we seeour sisters or brother excusing people of raping them.” (Two women inWatanga)

“What I hear sometime over radio is that anyone that rapes, they willbring him into prison and they will keep him there for life.”(Woman in

Watanga)

“I was very happy when I heardit. It is helping our mission tofight the men. Because rape hasso many negative impacts onwomen. And so many people arenot educated; they don’t reallyknow what rape is. They don’tknow that you can use objects torape, not just the penis.” (Womanin Clara Town)

“It is too rigid because it wasdone with emotions. It was not done because it was necessary. Itwas logical, it was within the confined of the constitution, butit was made to satisfy the emotions of a certain group of peoplein society.”(Religious and Traditional Leader)

5.What are the Mechanisms put in place to determinewhether rape accusation is genuine given the factthat some women falsely accuse men?

“You carry the victim to the hospital for medical check and treatment.And you know, I have a large family here and so many friends, I thinkI would know. People know each other; it is not a secret what ishappening.” (Woman in Clara Town)


“And you see the medical report can only show you that a woman gotraped, but it does not show you the perpetrator. So what I’m saying isthat the successful implementation and enforcement of this law shouldnot degenerate into violation of the rights of another.” (Religious andTraditional Leader)

“We do need forensic testing!” (Liberian NGO)

6. What is evidence? How do you prove those cases?

“We don’t have the technical know-how, the scientific proof. And thosethings are very essential to prove it. Since we don’t have it we relyon medical report and witnesses..” (Professional)

“We need the witnesses and we need the medical report. The medicalreport actually will not tell who raped but that a rape indeedoccurred and then we have the witnesses. . In many cases witnessesdon’t want to come and testify because they know who the perpetratorsare, they are pressurized by the family and the community not to takethe matters to the court. The majority of cases we have seen in recenttimes are the rape of children and it is the parents who bring thesechildren. However parents are often pressurized by the community toresolve cases outside the court and they refuse to testify. All theseare barriers to prosecution. And how do you prosecute without awitness?” (Professional)

“When they see bruises on your skin because your will go throughfighting. You will not easily allow the person to have you.” (Two womenin Watanga)

“The doctor will tell through DNA.” (Man in Jugbor Focus Group)

“Either the person bleeds and you carry her to the hospital and thedoctor says she will not have child again.” (Women Focus Group Popoe Beach)

“[…] But the problem with witnesses is that they can use it againstanother person. The medical tests can prove but we need betterinstruments.” (Liberian NGO)


7.When alleged victim is sent to the hospital withtheir relatives why don’t they allow the family ofthe accused to come along to witness theexamination process at the hospital to be around toensure there is no foul play?

“For me if you have a case on rape, I ask the survivor to go on tohospital for check-up. The survivor should be checked by a doctor andthe survivor must not be accompanied by the parents to avoid falseaccusation..” (Two women in Watanga)

“That is one of the serious problems we have. People take advantage ofthat. Sometime matters are handled with money business.” (Men Focus GroupBanjor)

8.Can the law regulate the dress code of women?

“The dress code today is not suiting me. It was different before.Dress has nothing to do with rape , even small children are raped. Sofor me I don’t think rape is directly connected to the dress code.“(Man in Douala Market)

“Oh yes, it is necessary, it contributes immensely to rape. I meanyou can see everything. As a man I feel so ashamed, it is toosinful.” (Two men New Kru Town)

“For me anyone that wear short thing and get in the street, when sheis raped the law should not do anything about it.”(Women Focus Group PopoeBeach)

“Women are playing on the sexual emotions of men.”(Boy at High School)

9.Before the law was passed, why was there nosensitization?

“We were telling people that there is a law that is limited in scopewe use the inhabitant law and domestic law to talk about the rape law.


We told them that the law was inadequate to address the present dayrealities.” (Professional)

“We are just coming out of a culture of silence and it will take time.Awareness rising and sensitization just started really and it willtake a long time because it was always seen as a taboo.” (Professional)

“I think we have done awareness over and over but I think there isstill a need. Especially in the rural areas and in the schools!Because I do not know, how effective this is, but I think they aredoing sexual health education in school, and this will also help. Evenin the church at workplaces. In general I think we need more awarenesson this.” (Professional)

“I feel that sensitization was goingon but it is just that people werenot coming to say I have been raped.”(Female Student University of Liberia)

“There is a lot of awareness but itis not all over, it is mainly in thecapital. And it should be based onsides, the cultural side and the lawside. So what I’m saying is that thefocus should be on the consequencesof rapeon women and therefore thewhole community.”(Liberian NGO)

“Most of the times I hear aboutthings like that over the radio.” (Girl at High School)

10. When you are charged with rape, why is there noalternative but to put you in jail?

“Once you raped you should be send to court and central prison. And Imean some money guys will just continue doing it.” (Men in New Kru Town)

“The new law is saying it is not bailable because they think it isrampant so this is done to stop the occurrence.” (Traditional and ReligiousLeader)


11. Will the children in prison be able to read andwrite?

“No they will not be able to read and write in prison because there isno school in prison. If you be in prisonyou will start creating bad things in yourmind at that age.” (Woman in Watanga)

“Some will be able to read and writebefore they go to prison, some won’t. Theyshould have a team at to jail and then thechildren would explain the problem. Bythat you would be able to help theprisoners in jail.” (Man at University ofLiberia)

12. What is the age of consent?

“For me it should come down small. For now a day most of our childrenare at the age 12, 13 bearing children, and the government is notdoing anything about. Now most children reaching 18 are already havinga child. At the age of 18 to be mature it is not working now. I willprefer the age 16 and 15 I think around that range will be fine.” (Womenin Popoe Beach)

“At the moment you are mature, meaning at the time when women seetheir period, that is the time. But now, it is different.[…] you aremature nowadays when you reach the age of 15. But the thing is oftenthe only way for a woman to be respected in the community is to getmarried. So we believe that is decent for the woman.” (Religious andTraditional Leader)


“I only learned that they have a rape court, but I have not seen ajuvenile court.” (Liberian NGO)


“Personally I don’t have that much knowledge on it.” (Man at University ofLiberia)

“There is a juvenile court in Liberia but it is not strong and notmuch awareness. […] The court is here but there is not much awareness.“(Liberian NGO)

“I think I heard about it. But I don’t know much about it.” (Woman in RedLight)

“Yes the Juvenile Court, I don’t have sufficient information on thatcourt but I know that there is a court.” (Liberian NGO)

14. What is the justice Ministry doing for thosewho have been in here for two or more years?

“Nothing, the government cannot do anything. I know a case where thegovernment knows about it but the case is closed.”(Women in Douala Market)

“Justice delay is justice denial!” (Liberian NGO)

“I think that is another human rights violation, that is happening inour society and it is very wrong! If the person is there for more thantwo years the person should be released because to me it shows thatthere is no evidence to prove that the guy is guilty. The problem isthat they often cannot the job on time and I think they need to reviewtheir policy.” (Liberian NGO)

15. People today exchange sex for money. If theperson talk to a person above the age of 18 isthat SEA? Will the person be charged withrape?

“I mean it is not good. And I really can’t understand Liberiansociety. Some families are forcing their children into that. It isbecause of the poverty in the home and this and that.” (Men in New KruTown)


“No, that is not rape. Evenwith 17 that not rape. Shedecided. You know it isabout peer pressure. Youwant a phone; you want thebest clothes, hair. And theshort short skirts that isbusiness clothes. They wearit to make the men lust.”(Women in Douala Market)

“Yes, you have raped becausethe law does not look at money the law looks at age.”(Focus Group with menin Banjor)

“No that is commercial. But we also think that is not right. And wehold the older men responsible for that. Because when you are a fatheryou also should have fatherly feelings for the daughter of anotherperson. But now in the modern days life has changed. Children are notlistening anymore. The people come with child rights and human rightsbut they don’t show the demarcation with their parents. That is alsoharmful for the society.” (Religious and Traditional Leaders)

“This is very common here. Even I know it is common around the world.There is a reason. And that reason is poverty. The way we address thisissue is not to be sentimental about it. Every human being has theright to live and this should be guarantee by government. If not, youwill guarantee it for yourself. “(Liberian NGO)

16. When child prostitutes are taken from thestreet, where is government taking them? Arethere any plans for those children?

“A lot of NGOs have safe homeswhere they take these children andwork on them. They tell them that it


is not good to be on the street. But some of them have come from thereand say my life has not changed.” (Female Student at the University)

“First the government will take them from the street. But their parentshould do their best too.” (Woman Focus Group Jugbor)

“I feel sorry to say that government is not doing anything for thepeople. Scholarships, free school from primary to graduate. People aresuffering and nobody is helping them. We have a lot of prostitutionbecause it is a way of looking for food for the next day.” (Liberian NGO)

“The responsibility lies with the parents. Even if there is peerpressure and the problem of poverty, parents need to takeresponsibility of their children. children today are in control and onstreets fending for themselves. So I think it would be necessary toprovide with a support-system in situations like this. (Liberian NGO)


“Assignment is first, that means you go to court one day and then isindictment.” (Liberian NGO)

“No. 1 is the [medical] document then the investigation and thenindictment.” (Woman in Clara Town)

“When somebody is excused of rape the excused and the victim should beboth investigated. They arrest the person and then investigate. If youbring a case to court and say that person rape me, they have an officefor it and invite the person. The person will already be in jail whilethey are finding point against him.” (Religious and Traditional Leaders)

“I think they indict them first. I do not know much as I told you Ihave not read any documentary.”(Female Student at the University)

“They arrest the man. Then they investigate and then, when they haveproven they will send him to court.” (Religious and Traditional Leaders)


18. If a girl is 16, got pregnant and got achild, and later someone else went to marry her,are they committing rape?

“No. Because the person went to the lady family and they agreed.Because she agreed and the family agreed.” (Man in Focus Group in Jugbor)

“Yes because she has not the age yet to marry because theinternational law says at the age of 18.” (Woman in Focus Group in Jugbor)

“For me I have problem with the age. For our country 13, 14 years oldhave seen their period. And that signified maturity. For the Liberialaw they give high credence to age. The age supersedes the force. Thedefinition is concentrating on the age.”(Religious and Traditional Leader)

4BSection 38B3.1 CORRELATION OF RESPONSES

13B3.1.1 Understanding of Rape


Interviewees of all five sample groups (NGOs, Ministries,Jurisdiction, Execution, Religious and Traditional Leaders andStudents as well as interviews with community members in Red Light,Clara Town, Popoe Beach, Douala Market, Banjor, Jugbor, New Kru Town,Watanga) define rape as forcing somebody to have sexual intercourse.It is understood as crime and violation of rights. Furthermore theTraditional Council prefers the term “wickedness” in regards to rapeand mentions fornication in terms of extramarital intercourse as aform of rape. Nevertheless, most interviewees differentiate betweenthe rape of adults and the rape of little children the latter beingperceived as more serious. Especially community and NGO members are ofthe opinion that rape has not occurred on such a large scale beforethe war.

Respondents are mainly of the opinion that there is no sharedunderstanding of rape in society which is mostly explained as goingback to the wording of the rape law. Further aspect is the apprehendedcontradiction between law and tradition and customs. One intervieweeargues for rape being a fairly new concept in Liberian society.

Unanimously all participants perceive poverty as the most contributingfactor to rape. Emphasis is made on children who are believed to bemore exposed to the risk of rape and abuse. While legal experts (onlyfemale) regard the cause of rape to be based on power and ego of theperpetrators, member of the NGOs see the main cause for rape in theperception of women being private property to the men and theconstitution of male and female gender roles in Liberian society.Traditional and religious leaders as well as community members andyouth put the focus for causes of rape on the loose dress code of women anddefine it thereby indirectly as sexual desire. They advocate highlyfor a regulation of the dress code by government. If contested, mostlyfemale respondents argue dress code of women not to contribute to rapeand state dress code to be part of personal rights.

Rape cases of little children are explained differently. Some respondents would say it is because of medical reasons, to heal, others would say it is to increase their power while others would say it is for ritual purposes.


14B3.1.2The New Rape Law and the Criminal Court EWhile legal professional’s state the current Liberian Rape Law beingan advantage in comparison to the old one because it is said to bemore efficient and conform to actual necessities, NGOs put focus onthe advanced protection of women. Community members, youth andtraditional and religious leaders rather accentuate the harsh andstrong character of the law while some interviewees even state the lawwas brought in place due to emotions and only because of a femaleleadership. Only exception is made towards rape of little childrenwhere punishment by statutory law is highly approved.

Another common point of critique made by all groups is the wording ofthe law which is not distinct and clear and rather produces confusionand leads to misinterpretations.

The biggest challenge for implementing the rape law for legalprofessionals is for people to understand the law, specifically itscontent. Equally community members, NGOs and youth also stated thattoo many people are still not educated about the rape law. This callsfor wider education on and dissemination of the law.

15B3.1.3 Knowledge on the GroundThis section does not entail the group of legal experts since they arenot relevant for the question in place.

In general most respondents are aware of the current rape law and knowabout the Criminal Court E. The minority about 20% have not heardabout it before this research. Nevertheless, knowledge is fragmentedand is revealed by the amplitude of discussions in FGD and incertitudein responding in general. Most interviewees also expressed that theirknowledge is restricted and that they are not informed enough. Themajority of interviewees heard about the current Liberian Rape Law onair or read it in the news paper.


Sentence of rape is mostly understood as lifetime imprisonment andtherefore a lot of the respondents believe the rape law is too harsh.Just a few respondents, mostly NGOs representatives, were aware of thefact that there are cases which are sentenced for lifetime whileothers are not.

It needs to be highlighted that hardly any interviewee knew the termbailable. After explanation all groups unanimously believed rape beingnot bailable at all. That was also an indicator for the law being tooharsh. Youth was of the opinion that it was necessary to preventfurther violations and abuse of women and girls’ human rights.

The majority of community members and youth did also not know themeaning of “failure to proceed”, only one NGO member would define failure toprecede as somebody would be sent free as a result of formalirregularities. 16B

3.1.4. Sexual Exploitation and Abuse (SEA)In general respondents are not of the opinion that SEA constitutesrape or criminal offence because it is identified as a commercialagreement. In the female FGD, a discussion broke loose on whether itwould be right for a lady to accuse a man of rape in case they agreedon a certain price and then the man does not give it to her. Only oneNGO representative mentioned different economic dependency situationsas reasons for SEA. It is further seen as immorality and mostlybetween older men and younger women. Food for sex was mostlyunderstood as a necessity due to poverty not necessarily ajustification though. Some respondents approved to prohibitprostitution.

Only one woman of the youth group defined SEA as a second form of rapebecause due to economic situations and poverty she states a certaindegree of force. People to blame would be the people with money whocould afford that kind of abuse and exploitation.


17B3.1.5 JuvenilesAll of the participants heard about the juvenile court over radio, at home or, for the group of youth, through friends at school. Nevertheless, other than the existence of the court its purpose is notclear to most of them.

Many interviewees considered 18 years to be the right age of consent,however the group of community members, defined adults as being 15, 16and 25 years old. Only the group of youth agreed on the age ofconsent being 18 years. They made a clear distinction between age ofconsent and being mature which was defined for girls by having theirmenstruation for the first time. Responses of religious leadersrevealed that puberty was regarded as the right time to get married.Contested part in both FGDs was when it would be right to get marriedand whether the legally defined age of consent is appropriateregarding current reality. To one extent, most interviewees agree thatdue to the law underage marriage would constitute rape. On the otherside the majority of participants advert on traditional and culturalsetting. In elaborating on traditional customs some responses alsorecurred on societal status and reputation in cases of underagepregnancy. Nevertheless, determining aspect for underage marriage forthe majority of respondents was the consent of child and parents.Restrictions were made by a few youth and NGO member in cases offorced consent due to economic reasons. Nevertheless, mostparticipants agreed that lawfully underage marriage could beinterpreted as rape, yet most did not considered it rape in caseswhere girls and boys were almost of the same age and the consent ofthe parents was given. It may be noted, in this case there was nodifference in responses between women and men. It rather depended onthe individual.

Prostitution is not necessarily regarded as rape (male and female)when the girl is underage, for people over 18 years it is definitelydefined as commerce. Nevertheless, underage prostitution is alsodefined as constraint due to poverty and thereby participants alsoregard prostitution of underage as commerce and not as rape. Pivotal


for the decision about rape is the consent of the person. Critical forprostitution of children is also peer group influence and the loss ofguidance by parents.

18B3.1.6 Awareness and SensitizationWhile legal professionals and NGO representatives are of the opinionthat a lot has been done in regards to awareness and sensitization,most community members, youth and also religious and traditionalleaders seem to be only informed and educated via radio and press. Andthe research reveals a gross misconception and misunderstanding aroudthe current rape law and its provisions.

In general and in line with all groups, awareness and sensitizationshould rather focus on the negative impact and harm done by rape thansolely to cover the legal aspect. Accordingly work with men should beintensified to make them fully understand what it means to be asurvivor or rape or other forms of SGBV.

Programs with local authorities, leaders, market women, and in generalwith community dwellers should not only be intensified but channeledthrough these contacts because they share daily routine and by thatcould deepen dialogue on the topics on local and community level. Bythat also structures that are already in existence could bestrengthened and capacity could be built up at the grassroots level.

Additionally, respondents refer to the importance of language andadvocate for more programs that would take into consideration thedifferent dialects or local languages.

In general, interviewees advocate for regular follow-ups to steer andcoordinate process better and to guarantee continuity to a certainextend.

Besides main areas for further awareness and sensitization should beschools and also churches across the country. Special emphasis shouldbe put on youth because they will spread the messages widely andfaster to their friends, in school, in families and communities. Peer


educators and social workers for every community were suggested. Youthmade especial request for youth centers. 9B

4. RECOMMENDATIONSGenerally this study shows that knowledge and awareness of rape law onthe ground are not sufficient and that respondent’s advocate forcontinued awareness and sensitization by focusing on the negativeimpact of rape as well as to educate about the legal aspect. In orderto implement this law, responses indicated that it is not justsuffecient to raise awareness and sensitize people but to also provokebehavioral change is critical. The different causes of rape need to bespecified to address them accordingly in programs and projects.Especially, causes for rape of children need to be investigated indepth not just because cases are increasing but also because studyindicates different causes compared to rape of adults.

Interviews with youth brought out the need to put more efforts intowork with youth and children in order to not only protect them butalso to educate them. In fact, a number of school students whoparticipated in the interviews and group discussions requested forprograms and projects targeted at them. Further they raised thenecessity of having youth clubs to provide a space for them to discussthese topics in a safe and secure environment.

The influence of alcohol and drugs abuse in a post-conflict contextwas mentioned by a few respondents and needs to be taken intoconsideration in programs and projects as well as research.

Moreover, this study shows that the perception of age in society isnot congruent and knowledge about the different aspects andunderstandings of age need to be improved in order to include it innecessary awareness and sensitization work.

The majority states that there were less rape cases before the war ascompared to after the war. At the same time research data also pointtowards a different understanding of rape before and after the war.Due to revealed contradictions between rape law and traditions andcustoms GBV must be understood as a cross-cutting issue that


alternates between policies and law, traditional practices andreligion and the perception of gender and gender roles. The majorquestion that needs to be answered is how these things do interactwith each other, how they manifest on the societal level and also howthe implementation of the current Rape Law influences communities.Thus, as a concept GBV needs to be further investigated and socialdialogue should be enforced since understanding about it and itscontent varies widely. Morality versus immorality is a cornerstone ofdiscussions in the Liberian society and this is highlighted by thediverse between western values and traditions and customs. In generalstudies on issues of sexuality, stereotyped gender roles in society,their perception, their constitution and impact need to be conductedin order to apply appropriate tools in awareness and sensitization aswell as in educating people about GBV and to have an contextualizedunderstanding of causes for GBV.


5B5. Annex

10B5.1. Brief Background Information on CommunitiesJugbor Community

Jugbor is located in Old Road, around the Muslim Grave Yard. The landcomposition of the community is sandy. This densely populatedcommunity is predominantly occupied by Liberians from all walks oflife. There is a general belief that this community was established bythe Bassa ethnic tribe of Liberia. Due to its closeness to thecommercial centre at the outskirts of Monrovia, many of theinhabitants are mainly Mandingo and Fulani who live on small business.

Banjor Community

Banjor is located outside Monrovia around Hotel Africa. The AtlanticOcean is less than two miles away from the community. This communityis one of the oldest in Liberia according to an elderly man named MomoKonneh. The community inhabitants are both Muslim and Christians.Unlike Jugbor which has easy transportation mean, the community hasdifficult asses to comfortable vehicle transportation due to dust roadleading to the community. Fishing from the Atlantic Ocean serves asmeans for livelihood for some inhabitants of the community. Unlikeother communities, Banjor is sparely populated with a high rate ofelderly people. At present the original Banjor community demarcationis not known due the present increase in new construction.

Duala Community


Duala is located at the western part of Monrovia along the routeleading to Sierra Leone. Duala has two major sides, Sarnor Yard andGbalasuah. Both sides have high Muslim population. This research wasconducted in the Sanor Yard community. Beside its Islamic orientation,Duala has a large and newly constructed market building. Vehicles fromwestern part of the Liberian rural areas load and unload goods orcargo in Duala at a locally commercial place known as Kuwait. Dualahas a high population density. The age composition of every age groupis high in Duala.

Popoe Beach Community

Popoe Beach is located near the beach as the name suggests. Thiscommunity is situated and lie close to the New Kru Town community atleft hand side of Caldwell Junction on the UN drive. It is mainly aKru Settlement even though other ethnic groups are found there.Members of this community are mainly youth. Like Duala, this communityis also densely populated. The community is located in sandy ground.Even though there are few modern buildings, most of the structures arezinc shark.

Clara Town Community

Clara Town is located at the outskirt of central Monrovia beforereaching the Free Port of Monrovia.Clara Town is densely populated andholds the warehouses of many businesses that are located in bothcentral Monrovia and Clara Town itself. The community depends on itcommercial activities to host it dense population. Because of theideal location of this community, it has attracted many foreignnationals, mainly the Nigerians. The population of the community iscomposed of both Muslim and Christians. Even though there are othertribes in Clara Town, the Vai ethnic group of Liberia are said to bethe original owner of the community. The native name for the communityas known by the Vai speaking group is Fanima. There are two majorroads that enter and leave Clara Town.

Watanga Community


Watanga is a sandy community located along the Atlantic Ocean shore atthe outskirt of the Congo Town community. The livelihood of many thatlive in this community is derived from block making. However thecommunity is not widely known by many Liberians due to its hiddenlocation. The community became known at the base of Charles Taylor'sAnti-Terrorist Unit (ATU). The location of the community allows sparedpopulation.

Red Light Community/ Nizon Community

Red Light is strategically located outside Monrovia in the Paynesvillecommunity at the intersection of Somalia Drive and UN Drive whichleads to the hinterland of Liberia. Like Duala, Red Light is denselypopulated. Business men and women as well as children of all ages fromevery religious background live there. This community is highlynotorious for its high crime rate. On the opposite, the community ispopular for it encouraging commercial activities which had become apull factor to increase the population. At present, there is a basicconstruction going on of business centres by Fulani and Lebanesemerchants.

Nizon is located along the Somalia Drive on the Right side when facingthe Free Port of Monrovia but close to the commercial centre of RedLight.It is sparely populated with a rising population due to it closeproximities to the commercial centre of Red Light. Inhabitants arepredominantly from the Bassa Ethnic group. The community has high rateof Christian’s population. Nevertheless, at the entrance of thecommunity is Muslim Mosque with little Mandingo population thatpractise the Islamic faith.

11B5.2. List of Interviewees1. Professionals

GBV Prosecutor, 1 female

WACPS, 1 female

GBVSCU, 1 female

AFELL, 1 female


MoJ – Human Rights Section, 2 male

N= 6

2. Religious and Traditional Leader

National Muslim Council of Liberia, 1 male

Traditional Council of Liberia, 1 female

Muslim Religious Leaders, Martadi Community, 2 male

N=4

3. Liberian NGOs

YOCADS, 1 male

CPPD, 1 male

MPF, 1 male

JPC, 1 male

Second Chance, 1 male

N=5

4. Community Members

Red Light, 1 female (RL1f)

Clara Town, 1 female (C1f)

Popoe Beach, 1 female (PB1f)

Popoe Beach, Focus Group, 8 female (PBFG8f)

Douala Market, 1 male (D1m)

Douala Market, 3 female, (D2f3)

Banjor, Focus Group, 9 male (BFGm9)

Jugbor, Focus Group, 2 male/ 3 female (JFG)

New Kru Town, 1 male (NKTm)

New Kru Town, 2 male (NKTm2)


Watanga, 2 female, young (W2fY)

Watanga, 2 female, old (W2fO)

University of Liberia, 1 female, Administration (S1f)

University of Liberia, 1 female, Student (Pf)

University of Liberia, 1 male, Student, (UL1m)

University of Liberia, 1 male, Logistics, (ULL1m)

N=40

5. YouthF

2

St Lutheran High School, 27male and female (LUTH)

Tubman High School, 7 male and female (TUB)

Liberian Youth Network, 1 female (LYN1)

World Mission High School, 4male and female (WW)

N= 39

In total: N= 94

12B5.3. Frequently Asked Questions (FAQs)Gender Sensitization Workshop – Monrovia Central Prison

1. What will government do for those who have been in prison without trial for more than a year?

2Reference to female and male is made by m= male and f= female according to quotation[Rape and the New Rape Law- Perception, Knowledge and Realities on theground] Page 38

2. What is Rape

3. What is the New Rape Law?

4. What are the mechanisms put in place to determine whether rape accusation is genuine given the fact that some women falsely accuse men?

5. What is the evident? How do you prove those cases?

6. When alleged victim is sent to the hospital with their relatives why don’t they allow the family of the accused to go along to witness the examination process at the hospital to be around so there is no foul play?

7. Can the law regulate the dress code of women?

8. Before the law was passed, why was there no sensitization?

9. When you are charged with rape, why is there no alternative but to put you in jail?

10. How can you identify who really raped a person?

11. Will the children in prison be able to read and write?


13. Children lack job opportunities; youths are in jail, what is the government doing to help the children?


14. What is the justice Ministry doing for those who have been in here for two or more years?

15. Are you carrying the sensitization program in the interior where people give their young children to men?

16. People today exchange sex for money. If the person talk to a person above the age of 18 is that SEA? Will the person be charged with rape?

17. When child prostitutes are taken from the street, whereis government taking them? Are there any plans for those children?



Documents

Rape and the Revised Rape Law- Perceptions, Knowledge and realities on the Ground