Sexual violence against women and the criminal justice system's response in Malawi

Sexual violence against women is an endemic problem globally. In Malawi, about 21% of women have experienced sexual violence at some point in their lives. However, there is limited literature investigating how the Criminal Justice System (CJS) responds to these cases. This thesis explores this topic, and particularly what key stakeholders perceive the shortcomings to be and what factors seem to prevent the Malawi CJS from complying with International Human Rights Law (IHRL). The study interrogates the laws, policies and institutions. The study employed a qualitative methodology. Data was collected through interviews, Focus Group Discussions (FGDs) and docket analysis. Interviews were conducted with police investigators and prosecutors at seven district police stations. Key Informant Interviews (KIIs) were also conducted at the national level with CJS officials and other stakeholders who either work with or support the CJS. FGDs were conducted with Community Victim Support Units (CVSUs) in 4 districts. A docket analysis was also deployed targeting all rape cases registered by MPS in 2017 in all the districts in Malawi. This study shows that while Malawi has criminalised various forms of sexual violence against women and developed a robust and harmonised policy framework, there remain significant legal, policy and institutional gaps that are barriers to access to justice for victims of sexual violence against women. This thesis suggests that Malawi should consider establishing an independent National Prosecutions Authority/Agency (NPA) to offload the challenges associated with the prosecution of cases. Malawi should also consider enacting a Sexual Offences Act (SOA) that harmonises all sexual crimes-related laws, incorporating aspects that are currently missing in the laws and redefining the sexual offences according to international standards.

Grantor dc:publisher

University of Pretoria

Year dc:date.issued

2024

Advisor dc:contributor.advisor

• Probert, Thomas

• UCTD
• Sustainable Development Goals (SDGs)
• International human rights law
• Criminal justice system
• Sexual violence against women
• Access to justice and right to a remedy
• They duty to investigate

Statement dc:rights

• © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

Language dc:language.iso

en

DOI

10.25403/UPresearchdata.30527018

Dc Identifier Other

D2025

OAI identifier oai:identifier

oai:repository.up.ac.za:2263/105146