Socio-legal needs of rape and defilement victims: Beyond punishment

Abstract

Ghana passed the Domestic Violence Act in the year 2007 despite pockets of resistance from some conservatives who thought the act will endanger family life and lead to a high divorce rate. A special unit within the Ghana Police Service called the Domestic Violence and Victims Support Unit (DOVVSU) was established to handle all cases under the Act. The law prescribes custodial punishment for suspects upon conviction. However, data collected from secondary sources, through key informants and in-depth interviews show that most cases of rape and defilement are withdrawn for settlement which is against the law. Most often, the victims who are not financially endowed are forced to accept settlement outside the courts or withdraw from the court processes, which often do not inure to their benefits. The Act and the establishment of DOVVSU have improved access to justice for rape and defilement victims, however, some critical issues need to be addressed to ensure that victims of sexual offences are well catered for. It is in connection with this that the paper seeks to highlight some of the conditions confronting victims of sexual violence and what must be done to mitigate these challenges. Prominent among these challenges is the poor financial status of the victims which makes them succumb to the pressure of out-of-court settlement. It is recommended that the government and other stakeholders review the justice system/processes for rape and defilement victims to ensure that they are not forced by circumstances to withdraw from the court processes to accept other settlement options which are not in consonance with the law.