Botswana Child Sexual Abuse legal framework: An analysis of the implementation of Children’s Act 2009

Abstract

This article examines the implementation of Botswana Children’s Act 2009. Twenty-six in-depth interviews were conducted in two purposively selected sites with child protection front liners, policymakers and caregivers. The Act was analyzed for a definition of child sexual abuse, provision of systems implementing structures, as well as the actual implementation of the Act. Interviews and the Act were analyzed using an inductive analytic approach. The interviews were analyzed using NVivo qualitative analysis software. Significant findings include the existence of the dual legal system, lack of systems implementing structures in most districts as well as lack of community involvement. Future efforts should be put into putting in place systems implementing structures so that the Act could be widely disseminated. These suggested efforts could improve the reach and uptake of the Act. These findings extend knowledge on law implementation and have significant implications for safeguarding of children in settings that grapple with the inconsistencies caused by the dual legal system.