Rape: The untold traumatic effects

RAPE's traumatising effects came to the fore recently when a 12-year-old girl collapsed and immediately developed a mental problem after seeing her rapist. When the poor girl collapsed, she was at a police station in Bulawayo late last year where she had been taken to identify her assailant. The girl, who was aged 11 then, was later admitted to Ingutsheni Central Hospital for months before she was declared fully recovered to testify in court early this month.

Her rapist, Susani Ndlovu from Emganwini suburb in Bulawayo, was subsequently sentenced to 20 years imprisonment by regional magistrate, Tranos Utahwashe. "Although her rapist was eventually sentenced to 20 years imprisonment by regional magistrate, Tranos Utahwashe, no amount of punishment on the offender could reverse the traumatic experiences that the girl went through," noted a child rights activist, Lorraine Nkomo.

The sad read captured in The Chronicle edition of April 9, has prompted women and children's rights advocates to enhance their calls for the justice delivery system and other key players to do more to protect rape victims.

They want all forms of abuse against women and children to end. The activists especially want stiffer penalties to be imposed on sexual abuse offenders.

Nkomo says it is worrying that cases of sexual abuse, primarily involving women and children as victims, are on the rise.

Children below the age of 16 account for over 60 percent of the cases committed yearly in the country. Activists blame society for dedicating too much attention to fighting the horrendous crime of rape, ignoring the plight of the victims. Patricia Tshabalala, patron of Vulindlela Guardians for Orphans, said granting bail to rape suspects was retrogressive to efforts of helping the emotional recovery of the victims, especially the girl child.

"I do understand that bail is now a right but as a child [rights] activist I'm concerned that giving freedom to people charged of rape leaves our innocent children in difficult positions. I don't intend to undermine the law and what it entails, but all I'm saying is think of our children who have to go back in society and face the same people who abused them," said Tshabalala.

She says whenever the courts release rape suspects on bail, the offenders, while awaiting trial, go back to the same communities where the complainants reside.

"While in court it's easier to set parameters for the accused not to interfere with the victims but what happens on the ground is completely a different matter. As I speak some of the victims I've worked with are living in fear," said Tshabalala.

She says the emotional, physical and mental being of the rape victim is equally important to the processes of incarcerating the offender.

Tshabalala and other child rights activists say the police and courts should find a way of protecting rape victims from rapists, despite bail becoming every Zimbabwean's right.

The courts, however, at times find it difficult to convict offenders due to lack of evidence or witnesses who are willing to testify. In the case of Ndlovu, the courts were aided by the offender's parents who testified against their son.

In his defence Ndlovu had told magistrate Utahwashe that he, with his parents, was conducting prayer sessions for the girl on the day the offence was committed.

Ndlovu was left with egg on his face when his parents, who he claimed could exonerate him, told the court that he was the black sheep of their family. "He's lying as we never took him for prayers on that particular day and the complainant never suffered a mental problem before she was raped.

"My son is troublesome and at one time he broke our neighbour's windows. He comes home drunk and of late we've been failing to control him," said Ndlovu's mother.

Bulawayo Metropolitan Province police spokesperson, Inspector Precious Simango, says the main role of the police in cases of rape involving minor girls is to carry out investigations and provide basic counselling to victims through the Victim Friendly Unit.

"After a rape case has been reported to the police we carry out investigations and apprehend the suspect. For the victim, we provide basic counselling through our Victim Friendly Unit. Where we feel the victim has been greatly traumatised we refer them to other professional counsellors.

"We believe court procedures are deterrent enough to keep the suspected criminals away from the victims. We haven't recorded cases were rape suspects have gone and terrorised their victims after being ordered by the court not to interfere with state witnesses. If that happens, the culprits will be apprehended," said Insp Simango.

A local lawyer says the courts are there to set boundaries which cater for both the victim and the accused person's interests, especially in cases where the accused is granted bail.

Bail is the temporary release of an accused person awaiting trial, sometimes on the condition that a sum of money is paid to guarantee their appearance in court.

"Bail conditions which may be set by a court may include that the accused doesn't interfere with state witnesses. The accused may be asked to continue to reside at a given address until the matter is finalised. They may also be asked to surrender travelling documents were necessary and pay regular visits at a stipulated police station.

"Bail is a now a constitutional right as established in our country's new constitution. Whether a person is facing a rape, murder or treason charge he or she is entitled to a bail hearing," said the lawyer who preferred to remain anonymous.

The lawyer said the best solution in such cases would be to relocate for the sake of the victim's emotional healing and recovery.

The lawyer said offering counselling to rape victims and helping them pick up the pieces and moving on with their lives also helps.