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.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Understanding the key concepts.
- Legal protection........
- Causes and effects …………..\li>
- Prosecuting and trying GBV cases..\li>
- Conclusion and recommendations...
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines physical violence, specifically assault and battery, as a form of gender-based violence (GBV) within the Rwandan legal framework. The primary objective is to analyze the causes and effects of this type of GBV. It delves into existing legal frameworks and policies designed to address the issue, exploring the effectiveness of investigations and prosecutions of this offense.
- The legal definition and understanding of gender-based violence and physical violence in Rwanda.
- The causes and effects of assault and battery as a form of GBV.
- The effectiveness of current legal mechanisms and policies in preventing and addressing assault and battery.
- The challenges encountered in the prosecution of assault and battery cases.
- Recommendations for overcoming these challenges and improving the response to GBV.
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter provides an overview of the prevalence and impact of GBV in Rwanda, highlighting the country's commitment to addressing the issue through legal frameworks and policies. It also introduces the specific focus of the paper on assault and battery as a form of GBV.
- Understanding the key concepts: This chapter explores the legal definitions and interpretations of gender-based violence and physical violence, providing insights into how these concepts are applied in Rwandan courts and by legal scholars.
- Legal protection: This chapter examines the legal framework in place to protect individuals from assault and battery, including relevant laws and policies. It analyzes the strengths and weaknesses of these legal protections and how they are implemented in practice.
- Causes and effects: This chapter investigates the underlying factors contributing to assault and battery as a form of GBV, analyzing the social, cultural, and economic influences that contribute to this problem. It explores the wide-ranging consequences of this violence on individuals, families, and communities.
- Prosecuting and trying GBV cases: This chapter examines the procedures for investigating, prosecuting, and trying assault and battery cases in Rwanda. It discusses the challenges faced by law enforcement, prosecutors, and courts in ensuring justice for victims and holding perpetrators accountable.
Schlüsselwörter (Keywords)
This research focuses on the key terms and concepts of gender-based violence, assault and battery, Rwandan law, legal protection, prosecution, and the challenges of addressing this issue. It examines existing legal frameworks, policies, and case law to understand the complexities of GBV in Rwanda.
- Citation du texte
- Muhire Faustin (Auteur), 2022, Assessing Gender Based Violence under Rwandan Law. Case of Assault and Battery, Munich, GRIN Verlag, https://www.grin.com/document/1307845
