Women and Justice: Keywords

Reports

Sexual Violence by Educators in South African Schools: Gaps in Accountability (2014)

Gender-based violence in general, Sexual harassment, Sexual violence and rape

The Centre for Applied Legal Studies at the University of Witwatersrand and Avon Global Center for Women and Justice at Cornell Law School released a joint report on sexual violence committed by educators against students in South African schools.



Avon Global Center 2012 Women and Justice Conference Report (2013)

Statutory rape or defilement, Sexual violence and rape, Gender-based violence in general

In December 2012, the Avon Global Center for Women and Justice hosted its annual conference. The topic for 2012 was addressing sexual violence against girls in Southern Africa.


Avon Global Center 2011 Women and Justice Conference Report (2012)

Gender-based violence in general, Sexual violence and rape, Statutory rape or defilement

In 2011, the Avon Global Center for Women and Justice hosted a conference in New Delhi, India on the theme “Gender-Based Violence and Justice in South Asia.”



Avon Global Center 2010 Women and Justice Conference Report (2011)

Femicide, Gender violence in conflict, Gender-based violence in general

In 2010, the Avon Global Center for Women and Justice held a conference in Washington, DC to discuss advances and obstacles to securing justice for women and girls in conflict and post-conflict areas.



Memoranda

Assessing the Impact of Mandatory Minimum Sentences on Sexual Offences in Tanzania (2013)

Gender-based violence in general, Sexual violence and rape, Statutory rape or defilement

With the goal of assessing the impact of mandatory minimum sentences for sexual offences in Tanzania, this memorandum provides a comparative study with a small sample of jurisdictions – including Canada, Kenya, Lesotho, Zambia, South Africa and Tanzania - to showcase how different countries have utilized mandatory minimum sentences to address sexual offences. It also explores whether imposing mandatory minimums has resulted in a reduction of the commission of the sexual offences they target.



Domestic Case Law

Tumwesigye Kasim v. Uganda Court of Appeals of Uganda (2009)

Sexual harassment, Sexual violence and rape, Statutory rape or defilement

This appeal was limited to sentencing only. Appellant was convicted of defilement of a six-year-old girl and was sentenced to 14 years imprisonment. Appellant was a teacher at the victim’s school. The school held a special program for students during school holidays. During this program, appellant took the victim into his office at school and had sexual intercourse with her. Despite his warning not to tell anyone, the victim told her brother, who told her parents. A medical examiner confirmed that she had been defiled. On appeal, appellant argued that the sentence of 14 years was too harsh. In support, he argued that he was the sole breadwinner for 11 dependents, including two lame dependents and four orphans. Appellant also argued that since the victim was a very young child, she had already gotten over the trauma of the defilement. The court upheld the sentence and ruled against appellant. The court found that, as a teacher, he had a duty to protect the victim, but instead chose to ravish her, disgracing himself, his profession, and society.



Mushabe Abdul v. Uganda Court of Appeals of Uganda (2007)

Sexual violence and rape, Statutory rape or defilement

Appellant was convicted of defilement of a four-year-old girl. The victim was sent to a well to fetch water for her family. On the victim’s way to the well, appellant grabbed the victim, threw her to the ground, and forcibly had sexual intercourse with her. He then fled but was later arrested. At trial, appellant denied the charges and claimed that the victim’s father had framed him. The trial court rejected his claim and sentenced him to 14 years imprisonment. On appeal, appellant requested a sentence reduction from 14 years to eight years. The court of appeals dismissed the appeal, holding that the 14-year sentence was not inappropriate or excessive, and that, in light of the circumstances, there was no reason to reduce the sentence.



Md. Kalam v. The State of Bihar Supreme Court of India (2008)

Sexual violence and rape, Statutory rape or defilement

A man convicted of raping a six-year-old girl appealed his sentence of 10 years, alleging the child’s testimony should not have been accepted without corroboration. He also insisted his sentence was too harsh. A child’s testimony is acceptable as long as the court carefully evaluates it. Both the trial court and the High Court did this and found the child’s evidence reliable. The Supreme Court denied his appeal regarding the girl’s testimony but lessened his sentence to 5 years imprisonment with fines.



Sabwe Abdu v. Uganda Supreme Court of Uganda (2010)

Sexual violence and rape, Statutory rape or defilement

Appellant was convicted of defilement of a girl less than 18 years old and was sentenced to 12 years imprisonment. Trial testimony established that while the 13-year-old girl and her younger sister were fetching water at a well, appellant, disguised as a ghost, ordered the two to remove their dresses, blindfolded them, and led them through a swamp to some bush where he had sexual intercourse with the older sister. He then left the sisters in the bush overnight, and the sisters’ father was unable to find them. Appellant then went to the father’s house and told him that he could use his witchcraft powers to find the sisters if the father paid him two goats and two chickens. Upon payment, appellant went back to the brush and brought the sisters to his home, claiming that they needed treatment. While at Appellant’s home, the older sister told her father that appellant had raped her. At trial, the court rejected appellant’s defense that a ghost had abducted the sisters and he was merely using his witchcraft powers to help find the girls. Instead, the court relied on the sisters’ testimony, who claimed that they recognized appellant’s voice. The Supreme Court upheld the conviction and sentence. First, the court found that appellant lived only a quarter mile away from the sisters and used to come to their home and speak to their father, thus supporting the assertion that the sisters were able to identify appellant through voice recognition. Second, the court found that appellant’s witchcraft defense could not be reasonably believed and that the fact that he immediately located the sisters upon payment supported the inference that he was the one who brought them there.



Mugasa Joseph v. Uganda Court of Appeal of Uganda (2010)

Sexual harassment, Sexual violence and rape, Statutory rape or defilement

This appeal was limited to sentencing only. Appellant was convicted of defilement of a baby girl and was sentenced to 17 years imprisonment. Appellant was a relative of the child and was known as a teacher of Christianity. Appellant requested a more lenient sentence of 10 years. The Court of Appeals ruled against Appellant and increased his sentence to 25 years, citing the policy consideration that, despite the fact that defilement can be punishable by death, individuals still continue to defile babies. Thus, the court used this case as an opportunity to send a message to society that “violating the rights of child females must stop.”