Why we should all take rape allegations seriously
In January, social media was awash with allegations of sexual assault and rape. The discussion was polarising. For many women, it was a long-overdue discussion that proved right what they had been saying all along about the pervasiveness of sexual violence. On the other hand, many referred to it as an effort to defame and bring men down.
Other allegations that followed, including the recent against a one Daddy Andre (Andrew Ojambo) and Brian Kirumira (Bryan White), had similar responses. One thing is clear: the issue of rape and sexual violence against women isn’t being treated with the seriousness it deserves. Rape is defined in the Penal Code Act as the unlawful carnal knowledge of a woman or girl without her consent, or if the consent is obtained by means of threats or intimidation of any kind, or by means of false representations.
To obtain a rape conviction, the prosecution has to prove that there was sexual intercourse with a woman capable of giving consent; that the intercourse occurred without her consent, and that the accused participated in commission of the offence. It is interesting to note that for long, courts in England, and by colonial extension those in Uganda, required a judge to be wary of the danger of convicting an accused person on the uncorroborated evidence of a complainant in cases involving sexual offences against women. The rationale was that women are liars and are prone to making false accusations.
Although this sexist and misogynist rule was later held by Ugandan courts to be without any logical or scientific basis and discriminatory against women, it is still extremely difficult for women to have their assaulters convicted because of the pervasiveness of rape culture and the system of patriarchy from which it was born.
Patriarchy is a system that upholds the male sex as superior and relies on the oppression and subjugation of women. A system that thrives on the oppression of women breeds rape culture – the practice of ignoring or trivialising sexual assault, rape, and incidents of sexual violence. The trivialisation of sexual violence makes it incredibly difficult for victims to go through the process of obtaining justice.
It is common for victims to be asked; ‘what were you wearing?’ and ‘what were you doing at his place?’ yet these have no bearing on the important issue of consent. Questions like these are diversionary and are only meant to silence victims.
If victims are courageous enough to report cases of sexual violence, they are often re-traumatised by investigations and hostile court proceedings that often seek to discredit the complainant rather than obtain justice.
It is no wonder that many victims of sexual assault would rather keep their experiences to themselves. Whenever women come out, society is often quick to point out that men are also victims of sexual assault. According to Police 2019 Annual Crime Report, a total of 15,638 sex-related crimes were registered, of which 6,605 were taken to court. Some 1,102 cases secured convictions, 76 were acquitted, 523 dismissed, while 4,903 are pending.
Also, 15,706 persons were victims of sex-related crimes out of whom 13,536 were female juveniles, 278 male juveniles, 1,829 female adults and 63 male adults. This shows that women and girls are prone to be victims of sexual violence in a society that promotes rape culture and that has normalised crude and pervasive jokes about sexual assault and obtaining ‘payment for a meal or a drink.’ It is time men are reminded that they are not entitled to women’s bodies for any reason and that nothing will ever justify rape or other sexual offences.
There needs to be a shift in culture from viewing women as objects for men’s entertainment to acknowledging their humanity and individuality.
Ms Musiimenta is a lawyer and feminist
