New Vision (Kampala)

Uganda: Rapists Do Not Think Their Actions Are Criminal - Study

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Kampala — A few years ago, some people thought rape was due to a genetic abnormality in a person, but recent research findings conclude otherwise.

The research, conducted in Kenyan maximum prisons of Naivasha, Kamiti and Nyeri, among 72 sexual convicts, reveals that rape is not a genetic, but an acquired behaviour by people who are normal and choose to commit the offence for a number of reasons.

The study revealed that the majority of rape offenders had consumed drugs and alcohol prior to committing the offence (65% of cases). The findings were presented to the participants of the first conference on strengthening linkages between sexual and reproductive health and HIV/AIDS services in Nairobi.

The conference, organised by Liverpool Voluntary Counselling and Testing under the theme: 'The Sexual Violence Nexus' was aimed at strengthening linkages between HIV/AIDS and reproductive health to address the growing problem of sexual violence.

Samuel Muchoki, the author of the study and a research scientist for the Kenyan government, noted that contrary to common expectations, the majority of rapists were married (52%).

Consequently, one would point at probable rampant marital rape, but the majority of the victims were under-age. Of all the respondents, 63.9% were charged with defilement, 23.6% rape, 9.7% attempted rape and 2.8% indecent assault. Unfortunately, 44.4% of the respondents did not consider their actions as a form of forced sexual intercourse.

The law defines rape as any sexual contact gained through force, coercion, manipulation or fear of harm. It is considered rape when committed against a person above the age of consent and defilement for a minor.

Nonetheless, rape is commonly perpetuated by men against women, although there is growing concern over male-on-male rape in the face of today's homosexuality movement. Women raping men is still a contentious issue.

The definition of rape has often been controversial, especially when it comes to marital rape, with husbands arguing that they do not consider forceful sex with their wives rape, but a right.

Such arguments are similar with 'date rapes'- by a boyfriend or close acquaintance and with cultural practices where some communities force a woman into sex as a rite of passage.

But why do rapists do it?

Muchoki reveals that of the 63 respondents who committed the offence, 34.9% blamed the woman for the sexual encounter.

"Flimsy as they sound, marital problems, especially conflict with the wife, were the reason for marital rape or child abuse, common with stepdaughters as a way of 'punishing the spouse.'"

"Others were death of a spouse, separation, inability to negotiate for consensual sex, or afraid of women, and a worrying 'rape as a form of sexual access' with a whopping 31.9%," he says.

The study also found psychological factors like pornographic influence leading to rape fantasies and hallucinations, plus cultural practices as other causes.

"The sex offenders sighted reasons like women agreeing to have sex then changing their minds," Muchoki says. "They said; she was my girlfriend, she is of age, she visited me at my house or allowed me to push (escort) her to her residence, she was drunk, bathing naked in the river, she was a lady of loose morals, dressed provocatively, loved me very much, I had had sex with her previously...," Muchoki says.

This study is timely. In Uganda, particularly in the war-torn northern region, there are increasing reports of defilement, marital rape and child abuse.

What is frightening though, is that what usually comes out in the open is probably just the tip of the iceberg. Many cases of sexual violence go unreported.

Rape is a violation of women's rights with dire consequences to the sexual and reproductive health of the survivors. Many of them report unwanted pregnancies, botched abortions, HIV/AIDS and sexually transmitted infections, besides the psychosocial trauma they face.

The study noted that 93.4% of the sex offenders did not use a condom during the offence while 6.3% reported some use of the condom, particularly in gang rapes.

However, Rachel Jewkes, from the Medical Research Council in South Africa, says despite the high risk undertaken by the sexual offenders, most of them were not necessarily HIV-positive.

In her study, 'Perpetration of rape disclosed by South African men and association with HIV," Hewkes says: "In sub-Saharan Africa, we are particularly concerned about HIV transmission during rape, yet a critical piece of information missing is whether men who rape are more likely to be infected with HIV.

Still, the ambiguous questions are whether the perpetrators show any remorse given that most measures against sexual offences are punitive; whether the rapists receive any counselling to reverse the behaviour given that many are recycled into society - particularly those with short sentences.

Muchoki stresses that though many convicts did not recognise rape or defilement as a crime, the majority of the inmates admitted that they had reformed. "In fact, most of them were born again."

A number of efforts have been put forward to put an end to rape, but such measures are always either frustrated by cultural inclinations of various governments or lack of legal enforcement of measures in place. Worldwide, only 1% of sexual offenders actually face the law with successful conviction.

"We need to address the individual motivations, beliefs and attitudes held by men regarding sexual violence and involve men and boys in the fight against gender-based violence by raising awareness of these motivations, beliefs and attitudes," Muchoki recommends.

Tagged: East Africa, Uganda

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