Rape, Sexual Violence in Check
By J. Nathaniel Daygbor

July 28, 2005 – (The Analyst) The Ministry of Justice has presented a draft Bill on Rape and Sexual Violence to the Chairman of the National Transitional Government of Liberia (NTGL), Charles Gyude Bryant.

Making the presentation at a colorful program yesterday at the Justice Ministry on Ashmun Street, the Attorney General of Liberia, Cllr. Kabineh Ja'neh, recalled that the government was facing a critical human rights issue.

According to him, since the establishment of the power-sharing government, the issue of human rights has been one of the critical factors the Liberian nation has been faced with.

"By this, we are referring to rape and sexual violence being perpetrated against women and children, especially children as young as one year old," he said.
The Liberian Justice Minister gave instances of rape and sexual violence that apparently have given rise to the preparation of the Bill on Rape and Sexual Violence.

According to Minister Ja'neh, in June 2005, two children, 8 years each, were raped; one by a 58-yrs old man, while two other children 11 and 12 were also allegedly raped by a 30-yrs old man.

Minister Ja'neh said as ghastly and horrifying as these stories have been for victims and their loved ones and the larger society, perpetrators of the heinous crime against women and children, have dully exercised their rights to bail as guaranteed under current legislation.

He observed that notwithstanding public perception and sympathies for victims of sexual violence, especially children, Liberian courts cannot act as may be seen proper, fair and equitable unless appropriate punitive measures are enacted into law so that rapists should not be seen the next day walking free on the streets of Monrovia.

Justice Minister said "much as bribery is humanly possible, the current handling of cases of sexual violence where perpetrators are regularly released has not necessarily been due to impropriety on the part of the police, the prosecutor or the judge.

What is responsible, according to him, is that the current Liberian legislations on rape and sexual related offenses, which he said are "outdated and are simply not responsively germane to growing terrible sex culture and habits of our time." All of these phenomena might have given room for the drafting of the new Rape and related sexual offenses.

The Liberia Justice Minister intimated that the new Draft Legislation on rape and sexual offenses is not only "radical but essential, as it takes a decisive departure from the old school of legal reasoning." Unlike the current law, according to him, the new draft seeks to provide broad meaning within legal interpretation.

It seeks to amend Chapter 14 Sections 14.70 and 14.71 of the New Penal Code. Rape according to the new legislation, will be deemed committed when a male "Intentionally penetrates the vagina, anus, mouth or any other opening of another person (male or female) with his penis, without the victim's consent." According to the new legislation, rape is committed "when a person, male or female intentionally penetrates the vagina or anus of another person with a foreign object or with any other part of the body (other than the penis) without the victim's consent; and that the victim is less than eighteen (18) years old, provided the actor is eighteen years older.

Liberia having ratified the Convention on the Rights of the Child (CRC), the MOJ said any new legislation subsequent to CRC ratification, must conform to the age limit set in the Convention.

MOJ-sponsored legislation seeks to make rape of any person less than 18 years old - meaning a child within the definition of the Convention of the Rights of the Child (CRC), "felony of the First Degree and will be treated as capital offence under Section 13.1.2 of the Criminal Procedure Law." At the same time, Minister Kabineh Ja'neh has given some statistics on related crimes around the city.

He said the statistical information is based on crime analysis reports submitted by various police zones and depots around the country, with reference to Montserrado County.

He informed his boss that during the reporting period, theft registered as the highest crime figure with Central Monrovia topping the zone of commission.
"Theft accounted for 39% followed by simple assault and aggravated assault at 16%," he said.

In response to the draft rape bill, Chairman Gyude Bryant said he will appraise the bill to ensure that it fits the Liberian society.

From: http://allafrica.com/stories/200507280149.html