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Rape trials: Court case taking too long |
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Thursday, 07 August 2008 08:49am |
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©New
Straits Times (Used by permission)
by Prema Devaraj, Women's Centre for Change, Penang
THE Women's Centre for Change (WCC), Penang, would like to highlight an example
of justice delayed in a rape case involving a teenager in 1992 ("Rape accused
gets third delay of appeal" -- NST, July 29). The report states that a 78-
year-old man was found guilty of raping the teenager and sentenced to a 12-year
jail term in 1998. The offence was committed in 1992.
The teenager was made pregnant by the rape and bore a child.
The accused, however, appealed against his conviction and is out on bail.
Accessing justice for rape victims is not an easy task. Many victims do not
lodge reports about the rape. When reports are lodged, the deputy public
prosecutor will decide, after an investigation, whether to prosecute. One
estimate is that only one in 10 rape reports lodged results in a trial.
Even when cases go to trial, the conviction rate is low.
A trial can be traumatic for a rape victim. Sexual crime victims have
complained: "There is no difference between being raped and giving evidence as a
key witness at the trial of your alleged rapist, except that this time it
happens in front of a crowd."
Rape victims have to recall the rape in detail.
They have to stand the persistent questioning from defence lawyers. In addition,
rape victims are often in the same courtroom as the accused.
In the case mentioned above, it took six years from the time the offence was
committed to the time the accused was convicted.
The accused's appeal to the High Court took another two years and his appeal to
the Court of Appeal has not been heard after eight years. The whole process has
taken 15 years and is ongoing.
How long does a rape victim have to wait for justice?
The WCC urges the government and the judiciary to take steps to ensure fair and
expeditious trials as well as appeal hearings. Justice delayed is justice
denied.
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