Effects And Limitations Of Rape Law And Policy Reforms In Ethiopia

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Over the past two decades, rape law reform and various policy measures have been introduced tornaddress the problem of sexual violence against women in Ethiopia. Yet, subsequent to these reforms,rnimportant questions remain regarding the extent to which the reforms have produced meaningfulrnresults in terms of improving police reporting, prosecution and conviction rates for rape cases and therntreatment of rape victims. Using a largely qualitative method of enquiry and instruments such asrninterviews, trial observation, questionnaire, and crime statistics, this study explores these veryrnimportant public policy, human rights and gender issues. Its objectives are threefold: i) to identify thernmain strands of the 2004 rape law and policy reforms; ii) to evaluate the main effects of the reforms;rnand iii) to assess limitations of the reforms in advancing the cause of rape victims. Accordingly, thernstudy found an increased trend in police reporting for rape cases, following the reforms, though it wasrnnot accompanied by improved rates of attrition, prosecution and conviction. It also found that thernreforms have not led to a shift of focus from the character, reputation and behavior of the victim to therncriminal conduct of the offender, in rape case-processing. The reforms were found to have manyrnimportant limitations. For instance, the Revised Criminal Code still classifies rape as an affront torncollective morality and chastity; makes an unnecessary distinction in the degree of gravity of offencesrnbased on sexual acts; fails to degenderize sexual offences; maintains violence and resistance as definingrnelements of forcible rape and sexual assault; and decriminalizes forcible marital rape. Moreover, thernsubstantive rape law reforms were not accompanied by reforms of procedural and evidentiary laws.rnFor instance, there are no rules of procedure protecting rape victims’ physical safety and privacy. Norrnare there rules of evidence prohibiting the corroboration, eyewitness and prompt reportingrnrequirements and the routine admission of victims’ sexual history and social conducts, during rape caserntrials. The study concludes that the reforms did not advance the cause of rape victims by eliminatingrnoverly restrictive notions about what counts as rape and an intricate web of stereotypical mythsrnsurrounding rape law and its enforcement, within the criminal justice system. It proposes furtherrncomprehensive reforms, including degenderizing sexual offences; eliminating force and resistance asrnthe defining elements of rape; abolishing the marital rape exemption; and redefining rape as anyrnnonconsensual sex. It also proposes that substantive reforms to the rape law should be accompaniedrnby the promulgation of specific rules of procedural and evidence laws for rape cases.

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Effects And Limitations Of Rape Law And Policy Reforms In Ethiopia

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