BY Othman Mahamud
November 24, 2021, 5 years old girl was raped at Quranic school called Dar Ibnu Abbas.
The girl’s family found their child had been raped at 5pm that afternoon soon after returned from Qoranic school. Although the girl was not taken to a hospital in that afternoon, but following day in the morning on the 25th, Faduma the child reached to Garowe general hospital where it was confirmed Faduma had been raped and has serious injures, include cuts, bruises, and abrasions in the pelvic area as well as elsewhere on the body.
After the doctor concluded, evidence of Fadumo’s clothes, the semen of the man who committed the crime, and the medical report showing Fadumo’s injuries from the rape, the entire report was submitted to the CID. After ten days the CID announced crucial evidence had lost. Therefore, CID submitted a report to the prosecutor’s office stating that the evidence against the plaintiff not reached Forensic as result of got lost in the hands of one of their officers, and suggested only option for defendants is to take is sworn option, where the plaintiff convicted just sworn by the Quran, and there is nothing else can be done in that regard. Nugal judge simply swore, and released plaintiffs to resume their jobs as teachers, the case is closed without appeal.
There are 13 reported rape cases reported in Puntland each month, but ten times as many unaccounted for child rapes. According to the Ministry of Women and UNFPA, most SGBV rapes end in an oath, where perpetrators sworn by the Quran or worse scenario become the spouse of the victim. This is because rape cases are subject to custom-law and Islamic sharia, which often provides a great deal for the criminals to scape from right punishment of their heinous action.
Both traditional practices undermine and ease the burden of the crime and the perpetrator is less likely get convicted, in worst scenario an assailant can end up the spouse of the victim. According to study carried United Kingdom – Home Office Country Policy and Information of Somalia, stated that common; domestic violence, rape, sexual abuse, exploitation and trafficking occur in Puntland are carry by acquaintance perpetrator, where perpetrator is known by the victim from; husband, religious madras, schools, public officer or a family members.
Sexual assaulting of children in Somalia is rampant, and yet Somali culture covers up the rape crime. Due to living in ultra-conservative society, most of victims fear to brought disrepute into family, therefore, incidents end up either unreported or under reported. Cultural impunity also is another issue that halts SGBVs cases be known.
Puntland passed the rape law in 2017 (Sexual Offences Act in 2017), but it’s rare to use it as a rape law, often using customary law and Islamic law to justify the victim’s deserved punishment.
Government agencies, the Ministries of Prosecution and the Criminal Investigation Department, have been a reluctant and slow to respond their responsibility, most of time they are absent to protect and represent the rights of the victims, particularly if the victim belong to marginalised and low socioeconomic demographic communities, although those agencies highlights challenges halting them fulfil their mandates, articulately, on the contrary do nothing to over come the challenges that weakens their public duty always.
In Puntland, on the other hand, the fact that child rape is a serious and persistent problem, parents or guardians have a role to contribute, many parents are unaware surrounding danger that could harm their children. Parents entrust their children unknown/strangers and permit the responsibility to educate and nurture their children, and children also never taught to be vigilant around strangers, who are placed in charge, children have natural positive perception toward their teachers, thus never reports if the teacher harms them.
“Pay close attention to your child’s safety, monitor your child’s day-to-day experiences at school, find out who is your child’s teacher, and take your children to school if you can” AMNI Center 4 Security & Development.
Source: AMNI Centre
