Saturday, June 18, 2011

Rape

There seems to be an assumption, among some people I talk to, that rape victims will always find justice – that, if a person is blamed for rape, they will be immediately sent off to prison, a trial will be quickly scheduled with blood tests as evidence, the victim will be believed by the judge, and the rapist will go to prison. I am assured that Rwanda has a very tough stance on rape as an explanation for why the evidence will somehow always overwhelmingly be to the benefit of the accuser when the accuser is telling the truth. When I ask people, “Is there a rape hotline in Rwanda?” I am told the number for the police. “Tell them the name of the assaulter” who will then be tracked down and arrested.

What is interesting is that a lot of feminist rhetoric is used to defend the status quo – rapists should sit in jail for decades, which is why they just do, I am told. Girls in Rwanda should stop being shy and embarrassed, stand up for themselves, and know that they are not to blame – they should go to the police because it is their right and because the police will make sure that the rapist is jailed. Because the sentiment is that law-enforcement always works, there are also those who express a belief that rape can be prevented – if you feel you are under threat, calling the police will lead to gathering of evidence, and those suspected will be stopped. So be strong, don’t let anyone abuse you, and run away and call the police. To do otherwise means you made a mistake.

It is not a matter of blaming the victim so much as assuming the victims had options s/he did not or does not necessary have.

This is not a blog entry about Rwanda. Even with the most perfect law-enforcement, the principle of innocent until proven guilty would prevent some rapists from being convicted. Even in Law and Order and CSI, not every rapist sits in prison before the closing credits pop up. Imperfect, human law enforcement would therefore surely make many rape victims think twice before calling the police, especially if the rapist is a family member or acquaintance, if the rapist is financially supporting the accuser, and/or threatens if the rapist threatens with violence should the victim go to the police.

Even as I am told by some that rapists will be caught if their names given, others express values of “forgiveness” to rapists. In many fiction stories written and sentiments expressed by students, the message is one of forgiveness and moving on in the event that the rapist is not imprisoned. In one story I read, the rapist marries the victim and they live happily ever after.

I am disturbed by both the assumption that justice works perfectly and the assumption that, when it does not, we should forgive the guilty and move on. I understand that Rwanda has a very different context for the issue of forgiveness, but few in general, officially or otherwise, want to extend this value to all cases of violence.

There is no doubt that Rwanda has made tremendous and unprecedented progress in the area of women’s rights and rights to protection from abuse – I am not just writing this to sound less critical, I honestly feel honored to be in a country where women are the owners of most of the businesses I come across and where there is a concerted government effort to assure that women are financially independent, educated, and empowered. Walking around, you see results on the ground – women leading public forums, schools filled with girls, and female policewomen and soldiers. But realizing the limits of all legal systems can help us address why some rape victims do not speak out or go to the police. This is not just true in Rwanda – it is true anywhere, but we should be honest about admitting that the resources to collect evidence are more limited in the developing world. If the rational reason for not calling the police is that the accuser may be threatened, perhaps for their entire lives if the guilty is not found guilty, then protecting the victim, regardless of what they choose to do, may be one step to empowering women to speak out, press charges and, in at least some cases, find justice.

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