Rape: a critical analysis of the law policy and practice in Uganda
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Date
2016-04
Authors
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Journal ISSN
Volume Title
Publisher
Kampala International University,school of law
Abstract
The topic of the study was rape; critical analysis of the law policy and practices in Uganda; the objectives of the study were; to show a critical analysis of the reporting process of rape cases at the police station and how the process impacts on the victims of rape; To explain how the issue of paying for the medical report affects the victims and to also point out how the system can be improved to create an enabling environment for the victims to report and proceed with the matter. The researcher used questionnaire and interview guide to collect all the necessary information related to the topic of the study. Using several modern methodologies, in particular, the Women's Law Approach, and suitable data collection methods, this study reveals the undignified and unjust ordeal women rape victims are forced to endure at the initial reporting stage of the crime. At the mercy of an under resourced criminal justice system, manned by poorly-trained and often gender-insensitive police officers, most victims refuse to report the crime or give up pursuing a complaint after they have made one. In the hope of realizing and protecting rape victims' rights in accordance with binding/persuasive local and international HR instruments, the writer finally suggests sound recommendations for overhauling this part of the criminal justice system in co-operation with significant stakeholders, especially NGOs, who are currently at the forefront of assisting rape victims. Conclusion of study is that Improving the quality and type of statistics collected by the police. Doing so would provide insight into who has access to the criminal justice system (and who does not), and enable better tracking of trends (such as an increase in attacks on older women). Comprehensive reporting on all forms of sexual violence is also necessary. Well designed community-based surveys need to become a regular feature of efforts to address sexual violence. Given data suggesting that the majority of men who rape do so more than once, it is imperative that barriers to reporting be reduced. This needs to go hand-in-hand with strengthening the criminal justice system's response to rape, both to provide victims with justice and to detain men likely to commit further rapes if left unchecked. Recommendations were as follows Dissemination of information using this report to the Government, NGO's and other stake holders. Since the gaps have been identified from the criminal justice system while dealing with rape victims, improvement may easily be done. Formulating standing orders to direct police officers on how they should handle sexual offences at the police station.
Description
A research dissertation submitted to the School of Law as partial requirement for the a ward of a Bachelor's Degree in Law of Kampala International University
Keywords
Rape, Law policy, Uganda