The Privilege of Information

Freely available information in the name of education is key to progress. I have repeatedly had that reconfirmed to me while working here. Most recently the importance of information was confirmed at the second referral meeting held last week. To refresh; a referral meeting is a chance for all the partners who assist survivors of abuse (such as the police, NGOs, medical professionals, lawyers, etc.) to discuss challenges and successes for the prior two months.

One key partner, a police officer in the Domestic Violence and Sexual Offences unit, informed the group that the crime of rape can only be established if the female victim was a virgin at the time of the attack. This, he explained, was because there was no way for the doctors to ascertain whether the rape had in fact occured.

These comments were drawing nods of interest from listeners. Whilst listening I was weighing up the importance of ensuring that I was respectful towards my Swazi counterparts & did not embarrass my SWAGAA employees, with the need to explain in no uncertain terms that the information being shared was false.

I had to speak out and clarify for the group what the laws on rape and evidence are in Swaziland. In a way I was in a position of responsibility to do so; after almost two months of trying I managed to get a handle of case law from the High Court of Swaziland. In fact, the case law shows that the laws pertaining to rape are far more sensitive to the needs of rape survivors then was being shared with the group. Likewise the medical professionals are far more advanced then he would have led the group to believe. Bottom line in no way does an individual have to be a virgin in order to have her rapist convicted.

The miss-information about the law, even in circles that deal with rape crimes every day, is a direct result of lack of information. It took me weeks, repeated phone calls and a few wasted trips to Mbabane before I could get the information from very helpful but over-worked prosecutors. There is not even a textbook on Swazi Criminal Law.

Which would be a great project for someone to undertake.
Don't know who, I am just saying....