Effects of Covid19 In Sexual Penetration Cases

 

By Jane B. Mansaray

Sierra Leone reported it first index case of the Corona Virus (COVID19) on 31^stMarch 2020 and have since then to date continue to record cases.

According to the Sierra Leone Police Family Support Unit (FSU), the effect of the pandemic has greatly brought about obstacle into investigation and prosecution with specific reference to sexual penetration cases, in the country.

The Judiciary also put a temporal hold to court sittings including sexual violence case for over a month without when the infection rate was higher.

“This action of the Chief Justice made way for fresh cases of alleged sexual penetration to be adjourned to long date and with most accused persons put on bail, and suspects in police detentions were as well granted police bail thereby not only decongesting police cells and the Correctional Service Centre but to mainly prevent the spread of COVID19 among inmates that have already been convicted and on remand. The effect of Covid 19 made most of those granted bail jumped bail and never showed up to stand trial, making Justice undone or suspended. Before COVID19, Sexual and Gender Based Violence (SGBV) cases has been on alarming with increase in numbers of reported cases”. This was capture by Assistant Inspector General of Police (AIG) Memuna Conteh-Jalloh on Wednesday 27th May 2021 at the Launching of the Sierra Leone Police General Annual Crime Statistics Report 2020.

According to AIG Conteh-Jalloh, in 2018, two thousand seven hundred and twenty-six (2,726) case of SGBV are reported nationwide and in 2019 decreased to three thousand three hundred and fifty-two (3,352).

AIG Memuna said in 2020, the above big figures dropped a little to three thousand and ninety-one (3091).

This she said is because of the "Hands Off" our girls campaign program launched by the State First Lady with other organizations and partners. "That awareness raising and that push for review of a legislature led to the big number of cases reported to various police station and post across the country", She stated.

"It might be there is likely an increase of sexual penetration offences because the act itself increase, because some people like risky venture", she expressed. She went on that the awareness continues to encourage people to come up more and make their report.

"Sexual and Gender Based Violence (SGBV) is on the increase in most of our communities, and this requires our support as community members to ensure the safety of everyone, particularly women and girls". This was captured in the Quarterly Newsletter of Rainbo Initiative survivors data for the year 2020, officially launched in February 2020.

According the Rainbo Newsletter report, three thousand five hundred and eighty-four (3584) SGBV cases were recorded across all five Rainbo Centers. Out of that figure, three thousand three hundred and thirty-nine (3,339) represented 94% were sexual assault cases with a three-month-old baby and one hundred-year-old woman as youngest and oldest survivors, respectively.

The report further revealed that five hundred and fifty-nine (559) survivors were pregnant at the time they visited the Rainbo centers after being raped and sexually penetrated.

Sierra Leone Director of Public Prosecution (DPP) Easmon Nathanael Ngakui said the Rainbow Initiative mainly provide data information based on activities and act while his office act on mainly on evidence and threshold of fact before finally advised to charge to court.

"If the evidence is not sufficient and did not meet the threshold he will not advise to charge or cause anyone to suffer because if found not guilty there will be no compensation for the alleged perpetrator or accused person. Most time I do not go by the figures released by Rainbo Initiative, but those few that relevant for prosecution", DPP stated.

He confirmed that now, sexual penetration cases have reduced, but his concern is of the issue of boyfriend and girlfriend, especially those that are of the same age.

Lawyer Easmon Nathanael Ngakui called for a review of section 42 sub-section 2a&2b of the new amended Act of 2019 as it contravenes Cap 44 of the children and young person’s Act and the Child Rights Act of 2007.

Section 42 did not make any provision for Juvenile Justice at Magistrate Court but direct trial at the High Court which he said affecting State prosecutors and Judges in handing down sentencing on juvenile offenders.

State Prosecutor, Umu Sumaray said she did not see any difference in the number of sexual penetration cases before COVID19 and now the COVID19 is still in the country.

"This is because for any week I received at most twenty and at least ten cases which has been of normal routines", Sumaray stated.

A sixteen-year-old girl and survivors of sexual penetration early this month appeared at the Sexual Offences Model Court to lead evidence. In her evidence, the victims confessed that the accused person, seventeen years old is her boyfriend and that they love each other.

The seventeen years old was convicted and sentenced to a five-year minimum jailed term to be served at the juvenile remand home.

This story was put together with the support from Journalists for Human Rights (JHR) and the Sierra Leone Association of Journalists (SLAJ) human rights fellowship.