25th November 2024
- Different jurisdictions have defined rape differently, many placing emphasis on force, morality, or even context. 26 countries in Africa have either restrictive or ambiguous definitions of rape; these definitions restrict the crime of rape to “carnal” or “vaginal or sexual intercourse”. Rape is criminalised as an offence against morality in 11 countries in Africa. In some instances, definitions have stipulated a combination of these factors in determining whether or not rape was perpetrated, reducing and even eliminating the consent standard altogether, and resulting in confusing and inconsistent language.
- Failure to recognise certain violations as rape. Several definitions of rape or legal frameworks proscribing rape failed to recognise all forms of unwanted sexual penetration (anal, oral, or vaginal by use of any body part or object), however slight or no matter the context, as rape.
- Many jurisdictions have lenient penalties for rape. International standards require that punishment for rape should be effective, proportionate, dissuasive, and commensurate with the real gravity of the crime.
- Survivors across the continent face barriers to accessing compensation or other forms of reparation. Victims/survivors of rape should have access to both criminal and civil remedies and the establishment of effective protection, support, and rehabilitation services. With so many legal, procedural, and societal obstacles to addressing rape, very few cases make it to court, and even fewer result in a conviction.
- Despite the African Commission on Human and Peoples’ Rights recommendation of 16 years, many countries have thresholds well below this. Having a very low age of sexual consent may fail to provide adequate protection for minors from sexual abuse. The age of consent to sex in Africa oscillates from 11 to 18 years. In some countries, there is an age that is determined that a person can consent to sex, then additionally an absolute minimum age where even a close-in-age range defence cannot apply.