Tag: fornication

Advocacy group requests government “not delay” reform of child sex abuse laws

A child rights NGO has called on the Maldivian government to pass needed legislation concerning the treatment of sexual abuse victims, on the back of several high-profile court cases involving minors.

The Advocating the Rights of Children (ARC) NGO told Minivan News it was concerned about a lack of legislation in the country to protect victims of abuse. The NGO has also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

The comments were made as the government reiterated a pledge over the last month to review and amend laws on sexual abuse that it has claimed, in certain cases, treat sexual abuse victims as perpetrators.

A spokesperson for the President’s Office confirmed Thursday (February 7) that authorities would be holding a one day seminar with the Islamic and gender ministries over the next two weeks on legal reform over concern at cases such as a 15 year-old girl being charged for fornication.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela was not responding to calls from Minivan News at time of press.

Civil society concern

Addressing these commitments by the state, a spokesperson for ARC said it hoped the government would not delay in fulfilling its “pledge to try and review sexual abuse laws with regard to how victims are treated.”

“In addition, we also believe that further steps need to be taken to such a review. [These include] reviewing and strengthening the current institutions and existing services,” the NGO spokesperson said.

ARC has also called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

A spokesperson for the NGO claimed such reviews would be vital to help ensure the protection measures are “gender sensitive, non-intimidating and safeguard children’s access to justice.”

“We concerned that the government budget for 2013 saw a huge decrease in the area of social protection, which will strongly impact work in this field,” the spokesperson added.

Legislative support

ARC identified a lack of specific legislation protecting rights for children and adults – despite the Special Measures Act 2009.

The spokesperson for ARC said a lack of a comprehensive laws on child’s rights, coupled with a general reluctance by witnesses and professional to testify in court, highlighted wider challenges affecting reforms to abuse cases.

“ARC believes that in the event that a need for testifying in a court of law is required, every person should make this a moral obligation/duty to give their full cooperation to the authorities/courts,” the spokesperson said.

According to the NGO, another important challenge urgently needing to be addressed was a perceived disparity between how child abuse cases were being investigated in the capital Male’ compared to the country’s outer atolls – particularly in regards to the use of evidence and psychological support.

In cases where the police or judiciary were dealing with minors, ARC said more training was needed to ensure children were being dealt with sensitively during investigations or trials.

“It is imperative that if the child has to be taken for questioning to a court or by police officers, it has to be ensured that the surroundings are child friendly and that all officials dealing with the child have received adequate training and experience to sensitively deal with children,” said the NGO spokesperson.

ARC said it hoped the government would provide greater room for civil society to play a role in shaping future legislation, adding that NGOs themselves needed to show greater cooperation on key issues.

“While it is encouraging that more civil society groups are being active on social issues such as this, there needs to be a stronger collaborative mechanism between them, particularly in efforts to raise awareness,” the NGO spokesperson added.

ARC said it had been conducting ongoing awareness campaigns to make the general public aware that child abuse was not just related to physical or sexual attacks, but also verbal and emotional torment that could have long terms impacts on the development of a minor.

“While child abuse cases have been increasing, it is also important to recognise the many numbers of unreported cases. We have placed billboards in Male’, and will soon air a public service awareness [advert] to emphasise that suspected child abuse must be reported and not overlooked, and also familiarise people with the reporting numbers of both the child helpline and police helpline,” stated the ARC spokesperson.

“We have also highlighted that people can maintain anonymity when reporting, which is often one of the reasons people hesitate to report such cases, particularly in a small society like the Maldives.”

High profile cases

Just last week, the Maldives high Court rejected a request to take a local man into custody over the alleged abuse of an 11-year old relative, despite the male suspect having previously been held under house arrest at the same property in which his alleged victim lived.

The Prosecutor General (PG’s) Office confirmed that following a remand hearing on Tuesday (February 5), the suspect had been released from house arrest – with no restrictions placed upon his movement ahead of his unscheduled trial.

The remand hearing took place at a time when the PG’s Office is already facing government criticism for pursuing a case against a 15 year-old minor on charges of having “consensual sexual relations”.

The 15 year-old presently facing charges of having “consensual sexual relations” has also been identified as the victim of child sex abuse in an unrelated criminal case also being pursued by authorities.

The two cases are the latest in a line of high profile sexual abuse trials concerning minors, which have been met with international condemnation.

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Hearing cancelled for 15 year-old girl facing fornication charges

The hearing of a 15 year-old girl charged with having “consensual sexual relations” was cancelled on Wednesday (January 23) following a request from the Prosecutor General (PG).

Juvenile Court Official told local media that the PG wanted to cancel the hearing as “charges had been raised against an individual for engaging in sexual activity with an underage person while holding a trustworthy position”, local media reported.

The hearing – to take place in Juvenile Court – had been cancelled in order for the PG to see if there was any reason to withdraw the fornication charges against the girl.

According to local media, the letter sent by the PG to Juvenile Court requesting the cancellation of the hearing did not mention who the “trustworthy” person was.

Earlier this month, a PG’s Office spokesperson confirmed that the charges against the minor were related to a separate offence under Sharia Law, which had been filed on November 25, 2012.

The 15 year-old, who is from the island of Feydhoo in Shaviyani Atoll, last year gave birth to a baby that was discovered buried in the outdoor shower area of a home on Feydhoo. Her stepfather was later charged with sexual abuse, possession of pornographic materials and committing murder without intent.

According to local media, the mother is now facing charges of concealing a crime.

The PG’s Office and the Juvenile Court were not responding to calls from Minivan News at time of press.

The charges against the 15 year-old have been labelled an “absolute outrage” by NGO Amnesty International.

In a statement Amnesty International’s Maldives Researcher Abbas Faiz stressed that suspected victims of rape and sexual abuse required counselling and support rather than criminal prosecution.

“We urge the Maldivian authorities to immediately drop all charges against the girl, ensure her safety and provide her with all necessary support,” the NGO’s statement read.

Amnesty Intentional also raised concerns that should the minor be found guilty of “fornication” as reported in the media, she could potentially be flogged in line with sentencing for similar cases held in the country.

“If found guilty of ‘fornication’ the girl could be punished with flogging. She would likely be kept under house arrest until she turns 18 when, under Maldivian law, the flogging can be carried out. Flogging is a violation of the absolute prohibition on torture and other cruel, inhuman and degrading treatment or punishment,” Amnesty International stated.

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No intention to reverse decision to charge 15 year-old with fornication: PG’s office

The Prosecutor General’s (PG) office has “no intention” of reversing the decision to charge a 15 year-old child abuse victim with fornication, local media has reported.

An official from the PG’s office told local newspaper Haveeru that the decision to charge the 15-year-old from Shaviyani Atoll Feydhoo with fornication was made after extensive assessment of the case.

Back in June 2012, the same minor – a school student at the time – gave birth to a baby later discovered buried in the outdoor shower area of a home on Feydhoo.

The discovery led to the arrest of four people, including the 15 year-old girl’s mother and step father.

Haveeru reported that as the charges filed against the girl have no connection with the buried baby case, the PG’s office had no intention to withdraw the charges.

“So far we have no intention of reversing the decision to charge her at the Juvenile Court,” a PG’s official was quoted by local media.

Speaking to Minivan News on January 9 the Prosecutor General (PG’s) Office confirmed it had pressed charges against a 15 year-old girl from the island of Feydhoo in Shaviyani Atoll for having “consensual sexual relations”.

A spokesperson for the PG’s Office said the charges against the minor were unrelated to a separate case against the girl’s stepfather over allegations he had sexually abused her.

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Judicial statistics show 90 percent of those convicted for fornication are female

Almost 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female, according to new statistics published by the Department of Judicial Administration last week.

A total of 129 fornication cases were filed last year and 104 people sentenced, out of which 93 were female. This includes 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

It takes four witnesses or a confession to prove the offence in court based on Islamic Sharia. The Maldives’ legal system consists of elements of both common law and Sharia.

Earlier this year, the Maldives made international headlines when a 16 year-old girl was sentenced to 100 lashes and eight months house arrest by Hulhudhufaaru Magistrate Court in Raa Atoll, for fornication while the 29 year-old man  was sentenced to 10 years imprisonment after finding him guilty of sexually abusing the girl.

Being a minor, the court stated that the girl’s sentence would be implemented when she turned 18.

After visiting the country in November last year, UN Human Rights Chief Navi Pillay called for a moratorium on corporal punishment, describing it as “inhumane and degrading.”

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” said Pillay.

However, her statements and calls for discussion on the issue were met with outrage from the opposition and religious Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry itself dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

Minivan News could not verify if all the people sentenced last year had been flogged at the time of the report’s release, although former Former Minister of Gender and Family Aneesa Ahmed confirmed that the sentences were being carried out.

The Judicial Sector Statistics Report 2011 highlights the sheer scale of the long-known and unaddressed issues of gender bias in the justice system.

A 2004 UNICEF study titled “Gender issues in the Maldives Criminal Justice System” raised serious concerns over cases of ‘Zina’ – both consensual and non-consensual alike.

As rape was at the time and is still defined as “forced fornication”, as with any other fornication case, four witnesses or a confession is still required by the court to prove rape.

“In these cases a woman’s accusations need to be verified by two men or four women, thus, rape and sexual violence remain impossible to prove in virtually all cases,” the 2004 study noted.

The prosecutor general’s office had earlier confirmed that as these two necessary elements are almost impossible to find, in all rape cases the suspects are charged with forced sexual misconduct, which carries a lesser punishment.

However if the victim is a minor, the PG says that such cases are tried under the 2009 Act on Stipulating Strict Punishment for Child Abusers.

This is the major reason why no rape cases were found in the new statistics revealed by the judiciary despite the high number of reported rape cases. It is also likely that rapes involving minors have fallen into the category of child abuse while others have been categorised under forced sexual misconduct.

However, its also noteworthy that in 2010, eight men were convicted for forced sexual misconduct but the following year the sentenced decreased by 50 percent. Out of the men charged with forced sexual misconduct in 2011, six walked free while only four were sentenced.

The 2004 study further added at the time the current law establishes a minimum age limit of 18 for a person to receive adult punishments, but one of the three exceptions is “if the woman has had a child.”

The Judicial report 2011 says that 10 females were convicted for “giving birth outside a wedlock”, including a minor – a criminal offense which explicitly is directed at women and carries a sentence of maximum one to two years house arrest.

The UNICEF study explained that the current law allows for a young woman under the age of 18, who has been a victim of sexual abuse and is consequently pregnant, to receive lashings in a public setting.

“The victim must then endure the pain and public humiliation of her situation, both the illegitimate pregnancy and the public lashings, which have significant ramifications for her subsequent life opportunities. The perpetrator, on the other hand, is likely to remain publicly unidentified.” it noted.

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Court sentences 16 year old girl to 100 lashes for having sex with 29 year-old

A 16 year-old girl has been sentenced to 100 lashes and eight months house arrest by Hulhudhufaaru Magistrate Court in Raa Atoll, for fornication.

The court also sentenced a 29 year-old man to 10 years imprisonment, after the court found him guilty of having sex with the girl.

As she is a legally a minor, the court stated that the girl’s sentence would be implemented when she turned 18.

An official from the told the local media that the man travelled to the island after the girl invited him. The the girl’s family noticed that she was not at home and went looking for her, the official said.

The pair were found that night in some bushes behind the island’s power house, he added.

The court official said the the girl’s family pressed charges, which were denied by the man. However the girl confessed, local press reported.

The Hulhudhufaaru Court identified the 29 year-old as Ahmed Rasheed of Angolhitheemu Island in Raa Atoll.

The man was sentenced under article 3[a][c] of the Child Sex Abuse [Special Provisions] Act which states that if a person touches a minor with the intention of having sex, then it is a punishable crime. A person found guilty of such a crime can be sentenced to a term of 10-14 years in prison.

According to statistics revealed by the Gender Department in April this year, between December 2010 and October 2011, 1,138 cases of child abuse were reported from atoll family and children service centres. 1,005 of these cases involved minors while 133 of these cases involved victims aged older than 18.

Approximately one third of the 81 cases involving children less than one year involved neglect. Sexual abuse was reported in a quarter of the 192 cases for age group one to five, and in a fifth of the 230 cases age group five to 10.

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Mother of abandoned guest house baby a 13 year-old minor, police confirm

The manager of a guest house in Male’ has discovered a six month old baby left alone in one of the property’s rooms on Monday (August 20), prompting a police investigation that today revealed the child’s mother to be a 13 year-old minor.

According to local media reports, the child was discovered by the manager of the M. Hudhufas guest house in the capital after he heard the baby crying for several hours. Upon entering the room, he discovered the child alone and unharmed.

The Maldives Police Service was alerted to the scene immediately, with the baby being taken into state care temporarily while a search was conducted for the child’s parents.

A girl claiming to be the child’s mother later came to the police station by herself after officers called the mobile number she had provided while checking into the guest house.

“We called the number to confirm if she was the baby’s mother and asked her to report to the station. When she came, we found out that she was just a 13 year-old girl,” Police Sub-Inspector Hassan Haneef said.

When asked about the circumstances surrounding her pregnancy, Haneef noted that no further information could be revealed about the case at this stage, as the mother was a minor herself.

A police investigation is currently ongoing in collaboration with the Gender Ministry.

Haneef also declined to confirm if the police were investigating the details of how the minor became pregnant or if there was suspicion she may have been the victim of abuse.

“We have now returned the girl and her baby to her family,” he added.

Speaking to Minivan News today, Deputy Prosecutor General Hussain Shameem also pointed out that in cases involving minors, “no conclusions” should be drawn until an investigation into the matter was completed.

When asked if a minor who gives birth to a child out of marriage could face criminal charges, Shameem said that it was “very unlikely”.  He contended that, under the law, a child below 18 cannot give their consent for sex – therefore any resulting pregnancy is deemed to be the result of sexual abuse.

“For example, in this case, we need to determine first if she is in fact the mother of the baby or not. Then we need to find out how she got pregnant and where her parents were when this happened, because they are responsible for looking after their underage children,” Shameem added.  “She is a minor so she cannot give consent [for sex], so police need to investigate the case. It it is very unlikely in such cases for minors to be charged and prosecuted,” he explained.

The “Stringent Punishments for Perpetrators of Sexual Violence Against Children Act’ explicitly states that a child below 13 years of age cannot give consent to any form of sexual relationship, which will be deemed as abuse – a punishable criminal offence.  If the child is aged between 13 to 17 years of age, the court must similarly deem that she or he cannot give consent to any form of sexual relationship unless proven otherwise in court.

However, given the history of cases of unmarried pregnancies in the country – often resulting from sexual abuse or unsafe sex – women or girls have traditionally faced the brunt of legal repercussions and widespread stigma. Subsequently, there have been a number of recent incidents reported in media where pregnant women have been forced to take desperate measures, such as self-induced abortions, infanticide or leaving babies abandoned.

In June, police recovered the body of a newborn infant buried in the outdoor shower of a house on Shaviyani Feydhoo island. The baby’s mother was identified as a 15 year-old school student.

Meanwhile, over the last two years, three newborns have been found dead in the country, with another two incidents where newborn children were discovered abandoned but alive. Two foetuses were reported discovered during this two year period, one hidden in a milk tin and the other at the bottom of Male’s municipal swimming pool.  Another fully-developed baby was thrown into a park having apparently been strangled with underwear tied around its neck.

The two babies found abandoned and alive have now been placed under state care.

The Centre for Community Health and Disease Control (CCHDC) has described these incidents, as well as the figures detailing an increase in the rate of sexually transmitted diseases, as evidence of a sexual health crisis in the Maldives.

Nazeera Najeeb, who leads the reproductive health unit of the CCHDC, told Minivan News in an interview earlier this year that the centre was witnessing an “alarming” increase in cases of underage and unplanned pregnancies, where some girls are getting pregnant “without even knowing it”.

“These unwanted pregnancies are subsequently resulting in more unsafe abortions, baby dumping or infanticide,” she noted.

Najeeb added: “Not just that, sexual violence committed against girls such as sexual abuse and rape, remains at alarmingly high levels. In most cases, abused girls did not even know what happened to them, because no one talks to them about it.”

To curb these perceived problems, she stressed the need for implementing a comprehensive sex education curriculum in and outside educational institutions to create greater awareness on sexual and reproductive health subjects.

Though the concept of sex education is widely supported by health authorities, including Health Minister Dr Ahmed Jamsheed, efforts to implement such practices nationally have been limited.

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Cemetery used for sex and drugs, says Council, demolishing walls

The walls of the cemetery in Maafaanu have been demolished by Male’ City Council, reports Haveeru, after the Council received complaints that the area was being used for sex and drug dealing.

“Public complaints were received about widespread abuse and trade of illegal drugs and inappropriate sexual activities carried out inside Maafannu Cemetery,” Deputy Mayor Ahmed Shamah told Haveeru. We will expose those places.”

Shamah said the Council would observe the impact of opening the area on the local drug trade and then determine whether to demolish the walls of other cemeteries in the city.

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