Is The Gambia Facing a Rape Pandemic?

Say No to Rape (c) Nnamdi Obasi on X

By Haddy Gaye

In Africa’s smallest mainland country, The Gambia, subjecting anybody to sexual activity against their will is a criminal offence, but how often are offenders prosecuted? This article focuses on rape cases reported from 2017 to 2021 and their lack of punishment, which forced a Magistrate to declare rape as a Pandemic in the country during a ruling.

Statistical data obtained from Banjul High Court shows that at least 69 rape cases have been registered by various courts across the country from 2017 to 2021. This averages out to 17.25 rape cases registered per year.

To contrast this the Network Against Gender Based Violence (NGBV) received 461 reports of Sexual and Gender Based Violence (SGBV) in 2017, 466 cases in 2018 and 427 cases in 2019. The NGBV monitors a hotline where SGBV cases can be reported anonymously which includes cases of sexual violence, economic violence, psychological and emotional violence and physical violence.

Our comparison shows that in 2017 over 30 times the number of court rape cases were reported to the NGBV hotline while in 2019 it was over 35 times. The data shows that more people are comfortable with reporting to the Network than in pursuing court action for rape. The challenge is that rape occurs everywhere, in homes, communities, workplaces and schools to name a few, but people don’t report it and instead cover it up.

According to The Gambia’s Sexual Offences Act 2013, any person who intentionally, under coercive circumstances, engages in a sexual act with another person or causes another person to engage in a sexual act with the perpetrator or with a third person, commits the offense of rape.

Three years ago, the country concluded the Truth, Reconciliation and Reparations Commission (TRRC) which investigated the human rights violations which occurred in the country from 1994 to 2017 under the leadership of the previous regime of President Yahya Jammeh.

According to the report, “the TRRC’s proceedings contributed to breaking the silence and taboo around SGBV matters and created conversations as most witness testified on the sexual torture they suffered and the expert witness elaborated and emphasized on SGBV in their testimonies. Unfortunately, however, some victims did not testify before the TRRC”.

This culture of silence allowed the previous regime to weaponize rape as a punishment to not only women but also for men who were imprisoned and detained. The former President even organised beauty pageants to commemorate his July 22nd Coup which he used as a front to sexually exploit young girls. This behavior was not only limited to the President but to his accomplices and many others in position of authority

Sometimes religion and the law can make it difficult to pursue rape cases. In The Gambia rape is not recognised between married partners, legally and in religion.

For our first case study, imagine being forced to have sex only three days after giving birth. For some this was not some imaginative exercise, it was the harrowing reality they survived. This was the experience of Matilda (not her real name) who was happily married and just gave birth. What should have a been a cherished life memory, turned into a nightmare she can’t forget.

It is generally believed that in Islam, women should not deny their husband's request for sex. However, Islam gives nursing mothers a break from sexual intercourse for at least forty days after childbirth.

“One of my hardest moments was the third day after my delivery of my firstborn when [my husband] forcefully abused me sexually. He told me that if I can't satisfy him at that moment, he will do it outside. Because our religion says a woman should not reject her husband's request in bed. I went on with him,” Matilda recalled while fighting back in tears.

Even after her sacrifice to please her husband, Matilda ended up divorced, and is currently a single mother of two. This is one example of what women face in The Gambia.

Digitised by Yusef Taylor for Askanwi

Increase in Rape Court Cases

Looking at how prevalent rape cases are, our reporter managed to access documents from Banjul High Court highlighting the number of rape cases from 2017 to 2021. According to Banjul High Court documents, 15 cases were registered in 2017, 12 cases were registered in 2019, 14 in 2020 and this amount doubled to 28 in 2021.

The culture of rape is so common and does not even spare children. In a rather dramatic turn of events, a community health worker abused his mandate and raped a 17-year-old girl.

One Fatoumata recalled how her sister was brutally raped by a health worker. “On the 18th of July 2020, my younger sister was raped by a community health worker in Brikama. At the time, my sister was 17 years old and had just sat for her grade 12 final examination, WASSCE. She was waiting for her exam results to proceed to the University of The Gambia to study Journalism,” said Fatoumata.

Fatoumata’s sister was violated by a community health worker, who was supposed to be a source of hope and healing. This case has been adjudicated and the perpetrator was sentenced to 20 years in jail and a fine of D50,000 dalasis.

“My sister’s reality for the past ten months has been seeking justice and safeguarding her dignity despite the challenges she had gone through. Ten months ago, she went to seek medical attention and was instead raped by her community health worker. The community health worker injected her, then she passed out and then he raped her” said a tearful Fatoumata.

While the case against the community health worker was completed within a year, rape cases usually take much longer to conclude.

Even the courts have acknowledged the “Rape Pandemic” in the country. During the judgement of the case IGP vs Modou Touray [BRK/CC/113/2020], Magistrate Peter Adoh Che of Brikama Magistrate Court announced that “rape is now a pandemic in The Gambia. In the Judicial year just ended, I have dealt with over 15 rape cases as a single court”.

Delay in Rape Court Cases

Based on experts’ analysis, on average it takes up to 24 months to complete one criminal case. The slow pace of the trial of rape cases is a common concern for many in The Gambia. A review of cases from 2017 to 2021 shows that there are several factors causing the delay of cases. Among the reasons mentioned include, slow submissions from the defendant and the judge's response to the submissions, case transfer proceedings, and logistical arrangements to name a few.

Magistrate Krubally explained that rape cases take a long period of time in courts because of the oral and documented evidence, witnesses to be presented from both prosecution and defense, and period of adjournment.

“The reasons, the case takes time, is because before the case comes to court, there have been other cases, also it can be due to the witnesses or evidence that need to be presented, and also the court has rules and regulations that need to be followed,” said Magistrate Krubally.

An example of this is the case of the State vs Babucarr Keita which has been adjourned over 30 times. That trial took over two years to conclude and made headlines locally and internationally.

Protest against SGBV in The Gambia (c) NGBV Facebook

Challenges in Filing Rape Cases

The process of filing a case at any court in the country is not common knowledge for many. Court rules, processes, and procedures are often seen by many as purely a domain for lawyers and judicial officers. However, understanding the process of filing a case is an important first step towards access to justice.

Cases are reported to the police and in some circumstances, the state will directly take them to the court. If cases are taken to the Police both the accused and defense write down their statements. Gambian law states that anyone detained by the Police must be brought before a court within 72 hours.

At the Judiciary, cases are taken to the Registry at either the High Court or Magistrate Court. The registry will determine the cases based on the degree of crime. The Judge or Magistrate hearing a case will adjourn based on the requests made by parties to the case and acceptable standards.

Justice for Survivors

The case of Matilda is peculiar to many Muslim women. It is particularly traumatic and a serious health risk for women to experience sexual intercourse right after childbirth.

“That has affected me up to date because it gave me a scar that took time to heal. After my naming ceremony, I felt that something was going wrong because I couldn't sit properly knowing fully well what happened affected me. I was afraid to voice it out because I had no evidence, and his family will never believe me. The pain went on for a year after healing, but I released air when I'm praying. How society will judge me, and my religion were the reasons why I never voiced it out, but it has traumatized my whole life. I thank God that I'm divorced and I'm taking care of my two kids,” Matilda noted.

In conclusion, The Gambia is among countries gaining a bad reputation for accountability for SGBV crimes. The TRRC published a Report proffering recommendations on the issue of SGBV and how the Government could address this problem. These recommendations where mostly accepted by the State but to date not much has been implemented.

According to the TRRC, “the evidence shows that there is the need to adequately and effective address SGBV in The Gambia which requires a transformative, multi-sectoral and holistic approach that combines continuous and focused public sensitisation campaigns, training and capacity-building of law enforcement. Discussions about SGBV should be part of the broader conversations in our communities, schools, and homes”.

To address this problem the TRRC recommends for;

“The government through the department of Social Welfare should provide and run facilities such as one-stop centres with more trained staff and adequate facilities to receive and assist victims”.

“The Government should ensure sufficient funding to the Child Protection Unit, capacity building of the staff, construct a separate structure that will reflect the new trend, hire experts such as psychologists, interpreters, social workers, vehicles and fuel should be allocated to enable the unit to embark on sensitization at all times to prevent SGBV Crimes”.

“Establish a mechanism to implement a Victim Support Fund in compliance with its obligations (e.g. Section 9, of the Domestic Violence Act 2013 establishes the Domestic Violence Support Fund)”.

“The government should ensure and put in law systems and structures for the enforcement of laws that protect the rights of women, such as the 2010 Women’s Act 2010 and the Sexual Offences Act 2013 so as to ensure that the violations that happened in the past do not recur”.