Rape and Domestic Violence: Rape of a woman or man is illegal, but the government did not enforce the law effectively, and rape remained a serious and pervasive problem. The law’s definition of rape does not specifically criminalize spousal rape. Conviction of first-degree rape, defined as rape of a child, rape resulting in serious bodily harm, rape using a weapon, or gang rape, is a nonbailable offense punishable by up to life imprisonment. Conviction of second-degree rape, defined as rape committed without aggravating circumstances, is punishable by up to 10 years’ imprisonment.
According to an INCHR report, perpetrators of rape enjoyed widespread impunity, in part because bureaucratic obstacles restricted the number of cases that could be heard in each judicial term, as well as institutional weaknesses of government agencies tasked with combating sexual violence. An inefficient justice system prevented timely prosecutions, and delays caused many survivors to cease cooperating with prosecutors. Authorities often dropped cases due to a lack of evidence. Survivors’ families sometimes requested money from perpetrators as a form of redress; perpetrators sometimes offered money to prevent matters from going to court.
Government officials allegedly committed acts of sexual violence. Deputy Police Commissioner Joshua During was accused of raping an LNP colleague at police headquarters, and Harper City Solicitor Thomas Togba Kun was charged with sexually assaulting a law client (see section 1.c.).
Although outlawed, domestic violence remained a widespread problem. The maximum penalty for conviction of domestic violence is six months’ imprisonment, but the government did not enforce the law effectively. Civil society observers suggested that lack of speedy trials led some survivors to seek redress outside the formal justice system.
Sexual Harassment: The law prohibits sexual harassment in the workplace, but it remained a significant problem at work and in schools. UNICEF reported that sexual harassment in schools in the form of “sex for grades” and “sex for school fees” was common. Government billboards and notices in government offices warned against harassment in the workplace.
On January 31, local radio reported that residents of Maryland County staged a protest at the Maryland Palm Oil concession company and accused the company of harassment of women employees.
The LDHS estimated the maternal mortality rate was 742 maternal deaths per 100,000 live births. Postpartum hemorrhage remained the leading cause of maternal mortality and accounted for approximately 34 percent of maternal deaths. In remote areas, clinics often lacked basic infrastructure and facilities, and midwives and health workers sometimes delivered babies at night without electricity. According to the survey, teenage childbearing accounted for 30 percent of all births in 2019-20. FGM/C remained a problem and contributed to maternal morbidity (see the Female Genital Mutilation/Cutting subsection).
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