The study, Barriers to Justice: Rape in Africa, Law Practice and Access to Justice, sheds light on the significant obstacles in the legal systems of 47 African countries, many of which allow perpetrators to escape punishment.
The report points to weak legal frameworks, inadequate criminalisation of rape, and the prevalence of rape myths and victim-blaming attitudes as major barriers to justice. Despite some progress in the region, the report reveals that many cases of rape never reach court, and even fewer result in convictions.
Sally Ncube, Equality Now’s Regional Representative for Southern Africa, explained how the research was conducted. The study had a two-pronged approach;a desk review of rape laws in each country, assessing their compliance with international standards, followed by an in-depth analysis of how laws are implemented in nine selected countries. Interviews and case studies provided insights into the lived experiences of women and girls affected by these laws.
“We found that many laws continue to frame rape in terms of morality rather than bodily integrity, perpetuating cycles of violence and discrimination,” Ncube said. “In some cases, laws even allow perpetrators to settle by marrying their victims or reducing charges based on victim behaviour, which is a form of victim-blaming.”
The report also highlighted discrepancies in how rape is defined across African countries. In several jurisdictions, definitions remain unclear, incomplete, or ambiguous, often failing to include important elements such as consent, force, and sexual exploitation. These gaps in the law make it difficult for survivors to seek justice and for the courts to deliver fair judgments. Countries like Guinea-Bissau, Malawi, and Kenya were specifically mentioned for having problematic legal definitions of rape.
Ncube stressed that legal reform is crucial to ensuring that African countries align with international human rights standards. "Governments need to prioritise legal reforms that clearly define rape, eliminate victim-blaming, and ensure that justice is accessible to all survivors," she said. “We also need better victim protection mechanisms, faster prosecutions, and accountability for officials who delay justice.”
While there are significant challenges, the report also highlights positive examples from across the continent. South Africa’s victim protection mechanisms, Kenya’s multi-sectoral approach to tackling sexual violence, and Zambia’s efforts to involve traditional leaders in justice delivery are cited as models for other countries to adopt.
The report concludes with a call to action for African governments to accelerate legal reforms, strengthen implementation, and ensure survivor support services are adequately resourced. With strong leadership and commitment to human rights, the report suggests that Africa can make significant strides in delivering justice for rape survivors and ensuring that perpetrators are held accountable.
--ChannelAfrica--
