By Haddy Gaye
The act of forcing someone to submit to sexual intercourse against their will is a chargeable offence in The Gambia. A person who intentionally, under coercive circumstances- engages in a sexual act with another person or causes another person to engage in a sexual act with the perpetrator or with a third person, commits the offence of rape according to the {Sexual Offenses Act, 2013}.
This article provides a numerical representation of the number of reported rape cases from 2017 to 2021 [except 2018] and interviews with rape victims in The Gambia, interrogating the possibility of a “Rape Epidemic” in The Gambia.
Imagine having sex three days after giving birth. No, imagine being forced to have sexual intercourse three days after a painful delivery by the man you bore a child for. And now, while you have the luxury of imagination, this was a life experience of Matilda (not her real name). It is believed that in Islam, women should not deny their husband’s requests for sex at any time. However, Islam gives nursing mothers a break from sexual intercourse for at least forty days after childbirth.
According to the Hadith of Um-Salamah (Radiya Allahu Anha) she said, “during the era of the Prophet (Sallallahu Alaihi wa Sallam) women after delivering a baby observed a period of forty days”. [Reported by Tirmithi and others]
It is widely believed that the number of reported rape cases is far less than the number of cases that go unreported. The problem of rape is widespread and seems to be on the increase. It occurs in homes, communities, workplaces, schools and social spaces.
“One of my hardest moments was the third day [after] my delivery of my firstborn when [my husband] forcefully abused me sexually. He told me that if I cannot satisfy him at that moment, he will do it outside. Because our religion says a woman should not reject her husband’s request in bed. I went on with him,” Matilda recalled while fighting back the tears trickling down her face.
The story of Matilda a divorcee and single mother of two is disheartening and the circumstances of her story is bizarre but there are many other cases of rape in the country.
Increase in Reported Rape Cases at High Court
To get hold of statistical data on the number of rape cases that have occurred since 2017 our reporter visited the High Court and made a request for information. Officers at the High Court went through their files and revealed the number of rape cases reported for the years 2017 to 2021 except for 2018 which could not be found.
Information shared from the High Court in Banjul reveals that the number of rape cases increased every year from twelve (12) cases in 2019 to fourteen (14) in 2020 doubling in number for 2021 (28). In 2017 the number of reported rape cases was second highest with the High Court tally reaching 15. This brings the total number of rape cases up to 69 excluding 2018 meaning that the true number of reported rape cases could be well over 70 going by previous years.
In fact, our enquiries reveal that some of the cases included in the statistics below include reported cases at the Magistrates Court and the High Court but not all the reported cases at the individual Magistrates Courts have been included. This means that the number of reported cases could be far more if our reporter had access to all the reported cases at the individual Magistrates Courts. Verification would need to be done to avoid double counting.
The culture of rape is so perverse that it does not even spare children. In a dramatic turn of events, a community health worker abused his mandate and raped a 17-year-old girl.
“On the 18th of July 2020, my younger sister was raped by a community health worker in Brikama. At the time, my sister was 17 years old and had just sat for her grade 12 final examination, WASSCE. She was waiting for her exam results to proceed to the University of The Gambia to study Journalism.” Binta (not her real name) recalled the circumstances leading to the brutalization of her sister.
According to a magistrate at the lower court in Brikama, in the judicial year 2020, the number of rape cases increased compared to the previous year.
“Rape is now a pandemic in The Gambia. In the Judicial year just ended, I have dealt with over fifteen (15) rape cases as a single court,” said Magistrate Peter Adoh Che of Brikama Magistrate Court in his judgment of the case, IGP vs Modou Touray with reference number BRK/CC/113/2020.
Binta’s sister was violated by a community health worker, who was supposed to be her source of hope and healing. This case has been decided and the perpetrator was sentenced to 20 years in jail and a fine of 50,000 dalasis.
“My sister’s reality for the past ten months has been seeking justice and safeguarding her dignity despite the challenges she had gone through. Ten months ago, she went to seek medical attention and was instead raped by her community health worker. The community health worker injected her, then she passed out and then he raped her”, Binta said in tears.
While the case against the community health worker was completed within a year, rape and other criminal cases often take many months to conclude.
Delay in trials of rape cases
Based on experts’ analysis, on average it takes up to 24 months to complete a criminal case. The slow pace of the trial of rape cases is a common concern for people in The Gambia. A review of cases between 2017 and 2021 shows that there are five major factors that lead to the delay in trials. They include slow submissions from the defendant as well as the judge’s response to the submissions, case transfer proceedings, and logistical arrangements, among others.
Rape cases take a prolonged period in courts because of the oral and documented evidence, witnesses to be presented from both prosecution and defence, and period of adjournment,” Magistrate Muhammed Krubally explained.
“The reason, a case takes time, is because before the case comes to court, there have been other cases, also it can be due to the witnesses, or evidence that needs to be presented, and also the court has rules and regulations that need to be followed,” he added.
The State Vs Babucarr Keita
The case of the State Vs Babucarr Keita, one of the most talked-about rape cases recently settled in favour of the accused, had been on for at least 2 years. The case had made headlines both online and in mainstream media and attracted interest within the country and beyond. Court documents showed that the case was adjourned more than thirty (30) times, with the last adjournment in October 2022.
Filing cases with the court
The process of filing a case at any court in the country is not common knowledge. Court rules, processes, and procedures are often seen by most people as purely a domain for lawyers and judicial officers. However, understanding the process of filing a case is a crucial step towards improving access to justice.
Rape cases are mostly reported to the police and in some instances; the state directly takes them to the court. If a case is taken to the police, both the accused and the defence writes down their statements. Gambian law states that anyone detained by the police must be charged before a court within 72 hours.
At the judiciary, cases are deposited to the registry either at the High Court or Magistrates’ Court; which determines the cases based on the degree of the crime; while the judge or magistrate presiding over a case may adjourn it based on the requests by parties to the case in line with acceptable standards.
Justice for Survivors
The case of Matilda is not peculiar to many Muslim women in The Gambia. It is particularly traumatic and a serious health risk for women to experience sexual intercourse right after childbirth.
“That has affected me up to date because it gave me a scar that took time to heal. After my naming ceremony, something was going wrong because I could not sit properly knowing fully well what happened affected me. I was afraid to voice it out because I had no evidence, and his family would never believe me. The pain went on for a year after healing, and I release air when I am praying. How society will judge me, and my religion were the reasons why I never voice it out, but it has traumatized my whole life. I thank God that I am divorced and I am taking care of my two kids,” Matilda noted.
Given The Gambia’s small population and the alarming number of under-reported rape cases very little is being done to punish rapists. Given the example of a convicted rapist being jailed for only 20 years and forced to pay a meagre fine of D50,000, very little is being done to address this heinous criminal act.
The silence of The Gambian Society, our cultural norms, close family ties, and the poverty of some victims provide an unhealthy environment to normalise this crime against humanity despite the efforts of women-led organizations to raise awareness on issues of sexual and gender-based violence.
The statistics show that Gambian Authorities need to act quickly to reverse this epidemic from increasing.
