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Wednesday, August 29, 2012

Marital Rape Still Legal in Botswana

One of the hardest things for me to face as a woman working on gender issues here in Botswana is the issue of marital rape. It is technically still legal for men to rape their spouses. Thanks to the Domestic Violence Act of 2008, women can now prosecute the husband’s rape as a civil lawsuit. However, the rape cannot be tried as a criminal lawsuit and is not recognized as a criminal offense.

Recently, I gave a sexual abuse training to doctors, nurses and administration at the primary hospital where I work. Afterwards, one of the doctors asked how one of his patients who is married and a mother of four with her husband can claim to have been “raped” by him. The doctor was dead serious when he asked, too. As politely as I could…I explained that women can be raped no matter what their relationship status and that it’s not his job to decide whether she was raped or not. I told him that based on my presentation, he now knows what he should do in this case which would be to examine the woman for signs of rape, do a rape kit, treat her, note her chart and then take her to social work for counseling. I further explained that it’s up to him to take those first steps and then it’s out of his hands. It is not his place to decide whether she was actually raped or not. That is for the social workers and police to decide after extensive counseling and investigation.  His response was simply shaking his head as if doing what he is required by law to do is too burdensome in this case. The Chief Medical Officer did have my back, though, and encouraged the other doctors to always follow through with a rape case even if it’s a married woman reporting rape.

I am not sure what else to say except that I hope this demonstrates what we are up against here with challenging such viewpoints on women’s rights when even doctors do not acknowledge or take the time to report cases of rape for married women. I hope to write another blog soon addressing marriage dynamics and why women are likely to experience marital rape.


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