Soziologie und Kriminologie – Offener Zugang
Offener Zugang

Abstrakt

Challenges of the Strength of Evidences Presented to Ethiopian Courts in Rape Cases among Children under 14 Years Old: The Case of West Shoa High Court

Hawi Tarekegn, Amare Worku

Ethiopia is estimated to have one of the highest rates of violence against women in the world. The Criminal Code of Ethiopia provides heavy penalties for rape cases and special provisions for sexual outrages committed on children. The purpose of this study was to explore the strength of evidences presented to West Shoa High Court in rape cases among children below 14 years old in Ambo town, Oromia region, Ethiopia. A retrospective review of court documents for rape was conducted from February to March 2015 at West Shoa High Court and additional data were collected using a semi-structured interview among judges and public prosecutors. Findings indicated testimony of the victim, eyewitness and medical report as the types of evidence presented to court in rape cases, among them testimony of the victim is the main source of evidence. The challenges in evaluating these evidences were lack of standard of proof and special procedures for child rape cases, backward investigation methods, the hidden nature of the crime and cultural issues. Consequently, judgments given based on such weak evidence make the justice system unpredictable and unreliable, and the justice not to be served. The proper balanced view of courts to do justice to the society, to the victim and to the perpetrators increases awareness of the community on how to handle the rape cases, and establishing standard of proof for rape cases are recommended.