theambassadorposts:
I can’t even think about the horror these women/girls have had to go through
The article link: Somaliland passes first law against rape
Somaliland declared itself independent from Somalia in 1991 but is not internationally recognised as a country. There is still no law against rape in Somalia…
The BBC’s Anne Soy explains that the new law comes within the context of the self-declared republic being keen to be seen internationally as a viable democracy with functioning institutions.
The legal system there sounds pretty complicated still.
But, as I suspected, in Somalia at least?
Current Somali law on sexual violence is based on the colonial-era penal code that dates back to the 1930s. Under this legislation, rape is not considered a crime against an individual like murder or assault. Instead it falls into a lesser category of “crime against morality” along with homosexuality and bestiality. There are no clear guidelines for prosecution, and no legal repercussions if the police elect not to investigate a reported sexual assault. Gang rape, child marriage, and sexual harassment are not acknowledged in the law.
So, not precisely the same as “no law”. Just terrible colonial holdover legal space.
In general, marry-the-rapist approaches do come straight from colonial laws. Largely British and French. (Along with lumping sexual assault, “sodomy”, and bestiality together, I might add.)
To make things even more complicated, apparently:
Former British mandates and protectorates applied the Ottoman Code with rape exoneration while under British rule, and retained it after independence.
It sounds like Somaliland is probably in a similar situation to Somalia with sexual violence falling into that colonial holdover legal space, as a former British protectorate still partially relying on legal structures imposed then. Not terribly surprised the BBC doesn’t bring this up.
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