A/HRC/7/67
page 10
B. Human rights of women and implementation of the Rape Law
33. Many Liberian women and girls, regardless of age, marital status and ethnic affiliation,
suffer various forms of violence and exploitation, including gang rape, sexual slavery, forced sex
in exchange for food or survival, and forced or early marriage. According to a study conducted
by the World Health Organization (WHO) on the situation of gender-based violence in Liberia,
in 10 of Liberia’s most populous counties, 90.8 per cent of the sample had been subjected to one
or multiple acts of abuses and/or sexual violence; 75 per cent were raped - most of them gang
raped. Sexual violence, domestic violence, sexual exploitation, incest, early and forced marriage,
wife inheritance and female genital mutilation are the most prevalent forms of gender-based
violence in the country. Furthermore, the level of poverty among women and children and the
absence of social safety networks make women and children extremely vulnerable to sexual
exploitation and abuse.
34. The prevalence of gender-based violence has serious repercussions, including exposure to
HIV/AIDS and other sexually transmitted infections and unplanned or unwanted pregnancies.
Needs assessments carried out in health facilities show that, despite their willingness to receive
the victims of gender-based violence, health facilities are not sufficiently equipped and lack
adequate drugs, medical supplies and health professionals trained in the clinical and
psychological management of victims of gender-based violence. In addition, most health
facilities are inaccessible to victims who seek comprehensive emergency care.
35. Though the amended Rape Law entered into force in January 2006, rape is still the most
prevalent crime in the country, particularly in Lofa County. The weak judiciary system and the
lack of awareness and understanding among the population of the legal system remains the main
reason for the weak implementation of the Rape Law. There are no official data on prosecuted
rape cases owing to the lack of record keeping by the courts.
36. In rape cases, police and prosecutors rely heavily on medical evidence, excluding other
forms of both incriminating and exculpatory evidence that should be investigated. Owing to the
culture of impunity that allows perpetrators of gender-based violence to go unpunished, victims
of this type of violence are usually hesitant to seek assistance or to report the crimes. The
stigmatization associated with victims of gender-based violence makes coming forward for
assistance difficult and, at times, dangerous. These difficulties are compounded by economic
challenges and gaps in legal, protection, health and psychosocial services that fail to ensure
confidentiality and supportive services that victims need. This situation discourages victims of
rape from reporting cases to the police.
37. Out-of-court settlement is still very widespread in cases of rape. In May, an alleged victim
of rape in Grand Cape Mount County appeared to receive discriminatory treatment by the
Liberian National Police and judiciary personnel because she was mentally disabled. The police
charged the suspect only with the lesser offence of involuntary sodomy. The Robertsport
Magistrate and City Solicitor ultimately convened a “conference” for the case, at which the
suspect agreed to pay a financial settlement. In another case, in August, during the preliminary
examination of a case in which a 13-year-old girl was allegedly raped, the Magistrate at
Voinjama Magistrates Court, Lofa County, postponed the transfer of the case to the circuit court,
stating that he wanted to give the defendant a chance to convince the victim’s parents to settle
the case outside court.
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