Monrovia – The Association of Female Lawyers of Liberia (AFELL) says amending the rape law is not in the interest of victims.
Report by Bettie K. Johnson Mbayo, [email protected]
Atty. Vivian Neal said AFELL wasn’t consulted prior to the amendment something she said was done to affect rape victims and survivors.
In an interview with FPA, Neal said the association was surprised by the amendment because it has the proclivity toward increasing the number of rape cases, as the country currently battles the reduction and prosecuting of sexual cases.
The AFELL president said she expected the senate to add the prosecutorial budget that will empower them to have rape kits and also have fast tracked rape courts.
“We only have one court which the judges don’t sit in simultaneously and the court operates by term, I expected the Senate to have added the budgetary support of the Ministry and prosecutorial arms that will tackle the reduction of rape.”
She said the amendment is intended to favor the rich who will have money to file bail whenever they are accused.
Neal disclosed that the rape law was bailable but not in totality as it is now since the amendment was done.
Rape is currently graded as first and second degree felonies.
As a first degree felony, and for the purpose of bail, rape is treated as a capital offense under section 13.1.1 of the criminal procedure law; wherein rape is bailable if proof is not evident and presumption is great.
As a second degree felony rape is bailable.
She said the senates proposed amendment focuses only on the rights of the perpetrator and not on those of the victim.
She pleaded with the House of Representative to uphold the value of womanhood and avoid concurring with the Liberian senate.
Neal said the amendment of the 2006 Act to amend the New Penal Law code chapter 14 section 14.70 and to provide for gang rape.
The senate rationale for the amendment was that the punishment for rape under the existing law is excessive and therefore unconstitutional and also non-bailable, adding that perpetrators have no access to parole while serving their terms in prison.
“We wondered at the timing of the proposed amendment in the face of these critical elections when power will be transferred from one administration to the next in almost close to a century in our history.”
“It is our humble opinion that such legislative enactment which has implications for societal harmony requires a public hearing before concluding,” Neal said.
When asked if the amendment will damage the legacy of President Ellen Johnson Sirleaf she said AFELL concern is about victims and not about President Srleaf’s legacy.