Access to Justice for Female Victims of Sexual Violence in Uganda

Abstract

AbstractAlthough violence against women is a worldwide concern, it has attained crisis proportions in Uganda. More women than men report sexual violence encounters at least once in their lifetime. Reports reveal that at least one in every three women has suffered sexual violence. Though international and national laws increasingly recognise sexual violence as a crime and provide safeguards relating to women’s access to justice, it is observed that sexual violence statistics continue to soar. Yet, prosecutions and convictions remain low. These statistics are partly attributed to the numerous challenges faced by victims during the process of bringing their perpetrators to book. This chapter critically analyses international and domestic legal provisions and their adequacy in ensuring access to justice by female victims of sexual violence. The chapter examines procedural and institutional challenges faced by victims of sexual violence in the process of accessing justice in Uganda. It finds that there are limitations in managing females’ first entry point into the justice system, gaps in handling forensics, unattended psychological needs for victims, absence of witness protection legislation, technological gaps in criminal law, discriminatory provisions relating to voire dires for girls during trial, defence counsel theatrics that intimidate victims, limited knowledge of the law by victims and general gaps in institutions mandated to dispense justice in Uganda. The chapter recommends following to address the concerns: legislative amendments; recognition of female victims’ rights; breaking gender stereotypes; application of the human rights based approach in sexual cases; specialised competences and units to handle sexual violence related crimes; utilisation of traditional and customary processes for sexual offences alongside formal mechanisms; reparations, compensation and restitution for victims; and psychosocial support for female victims. The chapter employs the doctrinal method of research.KeywordsFemale VictimsSexual ViolenceUgandaAccess to Justice