This paper discusses physical violence, or assault and battery as otherwise referred to, as one of the forms of gender-based violence (GBV) in Rwandan law. The main objective is to determine and analyze the causes and effects of this form of GBV. The paper looks into the existing legal framework and various policies put in place to address the issue and determine how investigations and prosecution of the offence are effectively conducted.
The existing relevant case law reveals there is an issue of qualification of the offence and its punishment due to the causes of this criminal behavior, including drunkenness, drugs, bad character, accidental event, etc. It also appears controversial to distinguish spousal harassment that has a battery and assault dimension of the assault and battery offence provided in the law determining offences and their Penalties in General. The paper concludes with suggestions on how these challenges of qualification and punishment of the offence can be overcome.
Table of Contents
1. Introduction
2. Understanding the key concepts
3. Legal protection
4. Causes and effects
5. Prosecuting and trying GBV cases
6. Conclusion and recommendations
Research Objectives and Themes
This paper examines gender-based violence (GBV) within the Rwandan legal framework, specifically focusing on physical violence (assault and battery) between spouses. The research aims to identify the underlying causes of such violence, analyze the effectiveness of current legal mechanisms, and evaluate the challenges faced by the judiciary during the investigation and prosecution of these offenses.
- Analysis of the legal definition and terminology of GBV in Rwanda.
- Investigation of socio-cultural and behavioral root causes, including the impact of drunkenness.
- Evaluation of legal protection mechanisms provided by the Constitution and Rwandan legislation.
- Examination of judicial challenges, including the re-qualification of criminal offenses in court.
Excerpt from the Book
5. PROSECUTING AND TRYING GBV CASES
It is worth mentioning that prosecuting and ruling over any criminal case implies having compelling evidence, having well captured the facts and, all these have to be sustained by the relevant legal provisions. The case of GBV especially when it comes to consider the physical violence as a form of GBV, it often raises confusion to distinguish the assault and battery as a form of GBV constituting the offence of “Harassment of spouse” and other offence of “aggravated assault and battery”. This issue is connected to the qualification of the offence: when these kinds of assault and battery are considered as constituting the offence of “Harassment of spouse” and when they are not? Are judges allowed to re-qualify the offence when the case is in their hands? Briefly, these are few issues that are analyzed below.
It is of paramount importance to note that when it comes to consider GBV cases where assault and battery constitutes the acts of Harassment of spouse, it requires being careful and making a distinction with the other offence stated in article 248 of the Penal Code.
To illustrate the issue, in the case Prosecution v NiyikoraBosco, the defendant was prosecuted according to article 248 of the Penal Code for having committed aggravated assault and battery against his wife. In paragraph one (1) of the court decision, it is clearly indicated in the summary of facts that the defendant slapped and gave leg kicks to her wife when he had enclosed her in the room. It is again recorded that the same perpetrator had that habit of harassing his wife. The perpetrator pleaded guilty and was sentenced to a term of a one-year imprisonment.
Summary of Chapters
1. Introduction: This chapter introduces the persistent problem of gender-based violence in Rwanda and outlines the national and international legal commitments made to protect women’s rights.
2. Understanding the key concepts: This section explores various definitions of GBV and physical violence, noting the lack of a universal consensus and highlighting the influence of societal and cultural contexts.
3. Legal protection: This chapter details the domestic legal framework in Rwanda, emphasizing constitutional guarantees regarding human dignity, equality, and the specific protections for the family.
4. Causes and effects: This analysis examines the drivers of GBV, identifying alcoholism, cultural beliefs, and legal ignorance as primary factors, while discussing the detrimental impact on families and social development.
5. Prosecuting and trying GBV cases: This portion of the work evaluates the procedural challenges of the justice system, particularly focusing on the legal qualification of offenses and evidentiary issues.
6. Conclusion and recommendations: This final chapter synthesizes the research findings and proposes specific policy and procedural adjustments for legislators, investigators, and the judiciary to better address GBV.
Keywords
Gender-based violence, Rwanda, assault and battery, domestic violence, legal framework, harassment of spouse, judicial re-qualification, criminal prosecution, human rights, social development, alcohol abuse, constitutional protection, gender equality, evidence, legal interpretation.
Frequently Asked Questions
What is the core focus of this research paper?
The paper fundamentally explores the intersection of physical violence, specifically assault and battery, within the context of Rwandan Law, analyzing how these acts are identified, prosecuted, and qualified by the justice system.
What are the central thematic areas?
The research covers the legal definitions of gender-based violence, the socio-cultural causes (such as drunkenness and traditional beliefs), the existing constitutional and legal protections, and the procedural hurdles in courts.
What is the primary research objective?
The primary aim is to analyze the causes and effects of GBV in Rwanda and to suggest improvements for addressing these challenges, particularly regarding the legal classification of spousal abuse cases.
Which methodology is employed in this research?
The paper utilizes a qualitative research methodology, primarily through a desk review of existing literature, statutes, and an analysis of relevant court case law.
What does the main body cover?
The main body examines the terminology of GBV, the specific legal protections afforded by the Rwandan state, the identified root causes like alcoholism, and the practical problems surrounding evidence gathering and judicial re-qualification.
Which keywords characterize this work?
The study is best characterized by terms such as Gender-based violence, Rwandan Law, domestic violence, judicial re-qualification, and legal protection.
Why does the author argue that drunkenness is a significant factor in Rwandan GBV cases?
The author argues that while some international scholars view drunkenness only as a contributing factor, in the specific context of Rwanda, it frequently serves as a direct trigger for aggressive behavior within the household, leading to criminal acts of domestic violence.
How does the paper propose handling the inconsistent legal qualification of GBV offenses?
The author suggests that judges have both the right and the obligation to re-qualify offenses during proceedings to ensure they are correctly classified as GBV cases rather than as ordinary assaults, especially when the perpetrator and victim share a marital relationship.
What role do local "Isange" one-stop centers play in the findings?
The paper acknowledges the creation of these specialized centers as a vital mechanism initiated by the Rwanda National Police to provide essential care and support to GBV victims, representing concrete government efforts to combat violence.
- Arbeit zitieren
- Muhire Faustin (Autor:in), 2022, Assessing Gender Based Violence under Rwandan Law. Case of Assault and Battery, München, GRIN Verlag, https://www.grin.com/document/1307845
