John Grobler
A brave attempt to pass progressive anti-rape legislation in the Namibian Parliament ran into heavy weather as even members of the South West African Peoples Organisation (Swapo) found themselves at odds with each other – the women against the men.
At stake is the passage of the Combatting of Rape Bill, which breaks new legal ground in Namibia.
Among others, the Bill provides for prosecution of boys as young as 14 years for rape, and prosecution for marital rape, and discards the cautionary rule of Roman- Dutch law with regard to evidence given by women and children.
It also proposes special measures in the case of child rape victims, with evidence given in camera and cross-examining of victims aged under 13 only by the judge or magistrate.
And it proposes mandatory minimum sentences: five years for marital rape, and if accompanied by violence, 10 years. If the victim is younger than 13 or the rapist proven to be HIV-positive, the minimum sentence is 15 years; repeat offenders would face a mandatory 45 years in jail.
But Swapo secretary general Hifekepunye Pohamba immediately took exception to the concept of marital rape, arguing that such matters had no place in a court of law.
Instead, counselling should be sought – and the victim should only report it to the police when the abuse becomes intolerable, he argued stolidly. From the Swapo backbenches came a shout: ”It’s rape only when she cries!”
The Bill also provides for the rape of men by women, something that has evoked heated and ribald discussion. Said Swapo MP Doreen Sioka: ”To those who are saying women do rape, that’s a joke, because a man needs to be electrified for the business.”
Deputy Minister of Basic Education Clara Bohitile pointed out that rape has assumed disastrous proportions in Namibia, with a woman raped every hour.
”Rape is the product of a culture of gender violence that is all too prevalent in many, many of our communities,” she said.
With Namibia recording one of the highest HIV growth figures in the world presently, Bohitile argued, passing this legislation has become a national priority.
Rape survivors who begged their rapists to use condoms to protect themselves are deemed to have given consent – instead of being seen for what it is: an attempt to save their own lives.
Ntumba Ndaitwah, director of women’s affairs, argued that coercive sex by an HIV-infected perpetrator should be treated as attempted murder.
Namibians have over the past few years been shocked by an increase in child rape cases passing through the courts, often involving toddlers.
Although this has made some impression, most of the deeply conservative ruling party MPs seem uncomfortable with the idea of taking a firm position, especially on aspects like marital rape.