Zimbabwe debates castration penalty for men who rape children

Thulani Mpofu, Foreign Correspondent

• Last Updated: November 18. 2009 10:38PM UAE / November 18. 2009 6:38PM GMT

The Girl Child Network, a rights group, says 95 per cent of all rapes against minors are perpetrated by men against girls. AFP

HARARE // Zimbabwean women have come up with an idea which they think can stem rising rape cases of minors – castrating the offenders.

“It’s not a bad idea,” said Bongi Sibanda, programmes manager for Matabeleland region at Musasa Project, a women’s rights group.

“Men are abusing the tool that is not meant for force, power and control.”

Girl Child Network, a local organisation that promotes the rights of girls, says 95 per cent of all rape cases involving minors are perpetrated by men against young girls.

The minister of women’s affairs, gender and community development, Olivia Muchena, initiated the debate recently, telling parliament that courts must treat the rape of minors as it would first degree murder.

So far, the punishment is just a proposal under debate, but NGOs and child rights groups in Zimbabwe are aggressively advocating for castration, as cases of child rape become more common.

“We need to seriously look at the option of castration for those who rape minors,” Mrs Muchena said.

“Just as we have different levels of punishment, the same should be applied on those who rape children. How do you rape a child? It should be treated like first degree murder and have castration as part of punishment.”

Courts generally sentence rapists to at least 10 years in prison. A 74-year-old man from Gokwe in central Zimbabwe who raped his granddaughter, 13, on four occasions last year, was sentenced to 18 years in jail in September. In another case that occurred in Mangwe in western Zimbabwe, a man, 46, was jailed for 28 years last month for raping his sister-in-law, who was only 14.

Nomalanga Khumalo, the deputy speaker of the House of Assembly, the lower house of parliament, said long custodial sentences alone are not enough.

“The trend [rape of young girls] has been the same over the years,” said Ms Khumalo, contributing to a debate on Mrs Muchena’s proposal during a recent workshop in Bulawayo.

“I therefore believe that castrating these rapists is the way to go so that we send a loud and clear message to those contemplating rape to refrain from the evil act.”

She said it is regrettable that in most cases of sexual abuse of minors, close relatives are the culprits. As a result, cases are often covered up and the abused minor seldom speaks out for fear of being thrown out of their home.

“Rape leaves an emotional scar on the victim for life,” she said.

“I see no reason why someone who causes a lifelong emotional, sometimes physical injury on a minor cannot be made to suffer for life as well.”

According to Girl Child Network, 10 girls report rape every day in Zimbabwe and an estimated 10 victims remain silent.

The faith-based Council of Zimbabwe says the rising death rate due to Aids and the country’s economic downturn, which has sent millions of locals into exile, have destroyed the nuclear family unit, as children are often left in the care of relatives. This makes them vulnerable to abuse, according to the council.

Another cause of rape is the belief in some quarters that men with HIV can be cured if they have intercourse with a virgin, a myth sometimes paddled by traditional healers.

But Gordon Chavunduka, the president of the Zimbabwe National Traditional Healers’ Association, said any supposed healer who gives this instruction is a “fake”.

Delta Ndou, a columnist for the local weekly Sunday News, wrote last month: “The increase in rape cases has always been directly linked to the lax attitude of society; failing to translate their outrage into action and coming up with the kind of extreme penalty that would serve as a deterrent.”

But Reggie Moyo, a legislator, said the proposal to castrate rapists is too harsh and vindictive because it does not seek to rehabilitate offenders.

“The suggestion is unheard of,” he said. “We must appreciate that in some cases the offence arises from other factors [than free will], like an unstable mental state of the offender. Others commit the crime on instruction from a traditional healer.”

Lawyers say castrating rapists will present practical and legal hurdles.

“I do not know how they will do that [castrate] without taking the life of the convicts,” said a lawyer who requested anonymity but works for the Legal Resources Foundation, an organisation that gives legal assistance to the poor.

“Do they have the tools for that? We know the tools used to castrate a bull or goat, how about for men?

“It will be a strange law and will be a violation of the rights of convicts, because convicts also have [legal] rights. The challenge is to find a middle way that punishes the offender and protect his rights.”

foreign.desk@thenational.ae