AFRICANEWS

Malawi

Increasing rape cases spur debate

Crime

Women's mode of dressing has caused a rise in rape cases in Malawi. However, this fact is disputed by the country's Human Rights Commission because the law is not clear on this matter.

There are frequent media reports of court cases about rape and defilement these days, so much so that everybody is wondering: What has gone amiss with the morals of our society? Boys, young men, and even elderly men have been found to commit this abominable crime and proved guilty by courts of law.

Whom to accuse is the most confusing problem as some point fingers at pornographic movies shown to children; increasing abuse of drugs like chamba (cannabis sativa) which is commonly found in street corners and behind market stalls. Some lament the decline in cultural values as Malawians copy foreign habits, and yet others blame young ladies for their obsession with fashion-the slit mini-skirts, slacks and trousers as they crave to catch up with the social trends of the West.

Four years ago, when Malawi attained a multi-party system of government, there were few rape cases, now amid a rise in cases of rape, some members of society accuse the newly attained democracy as the youth misinterpret it to mean "doing whatever they like." And the controversy goes on.

"It is a question of declining morals among all members of society not necessarily the way women dress these days. Even parents are to blame, also teachers because they too have corrupted morals," says Sydney Mphoka, executive director of Youth Care Development (YCD) a Non-Governmental Organisation out to develop the youth into resourcefulness. Maphoka is partially supported by Mrs Elida Tafatatha, member of a women's guild at Namiyango Baptist church in Blantyre.

"We see many rape cases these days not because of copying foreign cultures but people are no longer paying attention to spiritual life. Even before these styles of dressing came, a man could still envy a woman, but restraint prevailed on them, unlike these days when children are exposed to sexual immorality," she says.

Men mostly blame ill-dressed women for being raped as men are not used to seeing much of the woman's body exposed. The previous regime of former president, the late Dr Kamuzu Banda banned the wearing of bell-bottoms by men, women were forbidden from wearing trousers in public, although they could wear these in certain spots and on public beaches as well as in the seclusion of their homes. The law, known as Decency in Dress Act was removed when Malawi changed to a democratic system.

"If a man can go mad with a woman dressed up to the toe, how about a woman in a shor dress, it seems the young ladies have found a new world in their wild dressing," charges Leonard Kamthunzi a barber in the city of Blantyre. But some human rights activists dispute this, saying even small children who are not supposed to arouse men are defiled.

Legal practitioners blame the increasing cases on Malawi's current law that offers a soft sentence to offenders. Some culprits have been sentenced to as few days as one year imprisonment, and there is concern the trend cannot be averted should the law remain un-amended. Cultural beliefs also play a big part as women are regarded inferior to men, thus being beaten or sexually harassed without complaining, says Mazengera of Centre for Research and Rehabilitation (CRR)

"Judges cannot give stiff punishment unless Parliament changes the law so that offenders are sentenced for up to seven years. We all need to lobby to empower our judges since there is no clear definition of rape and defilement in Malawi. Sometimes if not clearly proved it is not an offence," says Mazengera calling the rape and sexual harassment cases gender based.

Others also say that women have yet to be educated on their rights to shed their inferior sexual position which society unjustly set for them. In many other cases, even with all evidence of rape, women are discouraged from reporting to police even by relatives who say that, the community looks down upon a woman who had been raped and men may not court her. Police are also blamed on the way they handle rape victims as they interview them in the open, the same of which is true with hospitals and courts. But the police, recently initiated secluded rooms for receiving rape victims.

Police reports confirm the rising trend of rape cases. Between January and June 1998, there were a total of 24 defilement and rape cases in the northern region of Malawi. The central region registered a total of 70 cases with the southern region, the most developed of the three having 80 cases of rape and defilement. In all the cases rape is leading, according to the police figures.

While such factors as economic development and social changes are mentioned even by the police for the increase in drug abuse and watching of unacceptable films, the current mode of dressing has been found to contribute to the problem.

"At this point there is need to educate our children in schools and institutions about the dangers of rape, because even in schools, girls and female teachers are raped. We cannot say the government should re-introduce the old Act that forbade other modes of dressing. People have the same old mentality of fearing the police, we encourage them to report rape cases immediately they occur," says Superintendent Oliver Soko, Public Relations Officer at police headquarters in Lilongwe.

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