By Joseph E Kamara
The Sexual Offences Act 2012 is now finally law in Sierra Leone. Various attempts at enacting this law had been thwarted in the past by
various interests. This current law took parliament two years to pass. So it is great that it is finally law. As Minister of Social Welfare, Gender and Children's Affairs Stephen Gaojia said the new bill is "a victory for Sierra Leoneans ….."
The new law contains some impressive provisions, some may say draconian. The law defines a child as a person under the age of 18 and states that person below the age of 18 cannot give consent to any sexual activity. In simple language, if you have sex with a child who is
under the age of 18 even if she agrees to have sex with you it is an offence. Many in our society would argue that the age of 18 is too high. We all know that many young kids are having sex much earlier in life.
However, this does not mean that it must be encouraged or legalized. It may criminalize a huge percentage of the population but it will be totally ludicrous to do otherwise at a time when sexual diseases are spreading, teenage pregnancy is soaring and the rate of sexual offences continue to multiply. It is vital that the law protects vulnerable young people from exploitation by adults. Under the previous law, the age was 14.
We have now joined Benin, Gambia, Gabon, Uganda and Liberia as countries that set 18 as the age of consent. Angola has the lowest age of consent in Africa which is 12 and Burkina Faso and Niger set the age at 13. Considering the extent of sexual violence during the war, it is great we have raised the age. This sends a clear signal that we are taking the issue seriously.
This provision is significantly watered down by the fact that it is a defence for some offences if the defendant shows that he had reasonable grounds to believe that the child was 18 or over or he had taken reasonable steps to find out whether the child was over the age of 18. Although this is a defence for a limited number of offences, it is unsatisfactory. No loopholes or escape routes should be provided to
offenders.
Marriage is now no longer a defence to rape or any other sexual offences. This provision is far-reaching particularly as it relates to our customs and tradition. Amongst some tribes, we are told that one of the primary reasons for marriage is intercourse. The man is entitled to have sex anytime he wants it. This culture will now have to change to conform with the law. No more should women be regarded as property or simply as mattresses for men.
Also sweeping in the new law is the definition of rape. It includes any gender of victim and perpetrator. It is therefore possible for a woman to rape a man. Traditionally, we have always assumed that only women could be raped but we live in changing times. Also important in the definition is the fact that force or threat is not required for it to be rape. You can still rape someone even if you use no force. The important
consideration is consent. No consent equals rape.
The new Act also criminalizes incest. A man cannot engage in sexual intercourse with his sister, half-sister, mother, grand-mother, daughter or niece. Similarly, a woman cannot engage in sex with his brother, half-brother, nephew, father, son or grandfather. This is an offence even though your relationship with the relative could not be traced through law wedlock. The punishment for this offence is a term in prison not exceeding ten years. It is important to note that the categories do not include step-mothers so this antiquated practice amongst some tribes can continue for now.
The new law also contains extensive provisions dealing with sexual harassment. It also contains a new offence of indecent exposure, which entails exposing ones genitals with the intention of letting someone other than the consenting person see them. The new practice of recoding sexual acts exposing ones genitals may fall foul of some of these new provisions. Bestiality or the practice of sexual activity between humans and non-human animals is also criminalized.
The enactment of this Act should be applauded. Yet on its own, it will change very little. Like many other laws, it will be largely ignored if further steps are not taken to further its goals. There is a need to educate Sierra Leoneans about the provisions of the law. If they do not know
its provisions it cannot have a deterrent or any effect. The Act promises a lot and one wonders whether it can deliver on all these promises. It states that a victim of a sexual offence shall be entitled to free medical treatment and a free medical report. Implementing this will be a huge challenge.
There is a need to train police officers, magistrates, judges and court officials on the provisions of the law and how to deal with victims. Police
Prosecutors and Law officers will also require training as proving most of these offences in court will be arduous. Unlike in other countries, our law does not shift the burden to the defendant to prove that consent was obtained. Most sexual assault cases are settled out of court and many more don’t get to the police at all. This new law is far from perfect but it a clearly a step in the right direction.
