Giving women a fair deal

Editorial

MORE work needs to be done to empower victims of family and sexual violence to not accept compensation payment as settlement.
Let the offender go through the justice system and be punished accordingly, or if innocent, go free.
The culture of compensation undermines the legal system and robs the victims of their right to justice. It allows the perpetrators to escape punishment while leaving victims empty and feeling worthless.
Looking at the other side of the coin, we also see problems. The lack of access to the courts and police, and the failure of many officials to seriously deal with violence against women are obstacles often too difficult for victims to deal with, forcing them to stay silent and not report cases of violence against them.
In the remote rural areas, when a violent offence against a woman has been committed, it is usually easier to resort to traditional forms of justice.
Compensation is what comes to mind, often instigated by the abuser to help him get out of trouble, and paid in the form of either money or pigs or both.
Nothing much goes to the victims personally, but the perpetrators are free to carry on as usual and remain in the community, exposing survivors to the threat of more violence.
It is time for the Constitutional and Law Reform Committee to come up with a legislation to stop the payment of compensation to the family of victims of family and sexual violence.
There is no other way.
Wrongdoers must be held accountable for their actions and should have their day in court.
It is true that in many cases, the relatives of the victim are the ones pushing for compensation because they benefit from sharing in the payment even though they may not share any intimate feelings with the victim.
The law must give the victims the right to speak up and reject compensation payments and pursue their case through the courts until a result has been achieved.
Similarly, the culture of bride price also puts women at a disadvantage and great risk. The very act of paying a bride price gives the husband a sense of entitlement and ownership. It puts the wife in a position where she can easily be subjected to all forms of abuse and violence, simply because the husband and relatives believe he owns her.
The original intention of the bride price was to cement the marriage. It was never meant to elevate the husband into a position of power or authority over his wife.
There must be tougher laws to protect women, whether married or single, whether young or old.
The first step towards this must be taken by the police who should enforce the law and in doing so discourage the use of compensation payment as a way to escape justice.
The law must prohibit anyone from seeking or offering compemsation payments to mitigate the effects of a criminal offence.
Police must lead the charge and educate community leaders on the perils of out-of-court settlements.
In court this week, we had an arresting officer requesting the court to drop a case because relatives of a victim (who was allegedly murdered) have received K30,000 in compensation.
For progress to be made as a nation, and as a people, the law must be the only benchmark by which we measure ourselves and by which order and peace are maintained.
The responsibility is on the police and law enforcement agencies to not accept compensation as a means to an end and see that justice is served whenever and wherever possible.