NAMIBIA: Withdrawn - Why complainants withdraw rape cases in Namibia

A pressing difficulty in the prosecution of rape is the prevalence of case withdrawals initiated by complainants.  Gender inequality is at the root of many women’s decisions about whether or not to proceed with a complaint. Gender inequality in Namibia takes many forms. Although Namibia’s progressive Combating of Rape Act was enacted in 2000, many people remain ambivalent toward the law and sceptical about a woman’s rights over her own body. For instance, some people characterise the Combating of Rape Act as having “invented” the crime of marital rape. Gender inequality also fuels the stigmatisation of rape as a shameful thing and breeds a culture of silence amongst rape victims and their families.

The study concludes with a range of recommendations aimed at reducing the external pressures which may interfere with victims’ exercise of free choice to decide whether or not to continue with their cases. In considering these recommendations, stakeholders should remember that rape case withdrawals can have serious consequences for women and society at large.

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