Members of Parliament have called for more stringent measures against defilement in the country. Defilement is among the most prevalent crimes, according a police report on internal security last year. A total of 16800 crimes were recorded in 2017 down from 17600 in 2016. Most prevalent crimes committed include assault, rape, illicit drug-related crimes, defilement, and petty theft. Discussing article on defilement in the draft penal code, the MPs said that while the law needs to be stricter, there was need to engage families, communities and other stakeholders to prevent defilement. MP John Ruku-Rwabyoma suggested that space should be created and professionals involved to give children an opportunity to talk about their problems. “We live in a society where parents are tough. This, as a result ,causes issues in terms of breaking down open communication lines. I suggest that we have professional counsellors. NGOs and those who defend children rights in their day to day activities should create avenues where children can freely talk about their problems so that those who can help have enough information on what they are dealing with,” he said. MP Pierre Claver Rwaka called for heavier punishments to discourage anyone from committing the crime. “It’s unacceptable. We should look for heavier punishment for anyone found guilty of defilement,” he said. The MPs also called for the consideration of mental health in the new penal code. Rwaka, who is one of the representatives of people with disabilities in the Lower House, requested that children and even adults with disabilities should be protected by the law. “I am here to defend children and adults whose mental health issues have forced them to stay at home on a permanent basis. They are easy targets for defilers and rapists. We should consider them in this law too,” he said. Questions raised on abortion Though the draft penal code under discussion excited many when it scrapped the article that requires a victim of rape, incest, medical condition that may harm the mother to seek court authorisation before procuring abortion, questions were raised by lawmakers on why there had been separation between punishments in regards to age. Article 146 of the draft penal code states; “When convicted by a court, one is liable to life imprisonment that cannot be mitigated for any circumstances if the defilement is committed against a child under ten (10) years. The penalty becomes life imprisonment if the victim is a child aged above ten (10) years but less than fourteen (14) years. The penalty becomes a term of imprisonment of not less than fifteen (15) years but not exceeding twenty (20) years if the victim is a child aged fourteen (14) but not exceeding sixteen (16) years. If the defilement is committed against a child above sixteen (16), the penalty becomes a term of imprisonment not less than ten (10) years and less than fifteen (15) years,”. MP Ignatienne Nyirarukundo argued that separating the punishments changes everything about what defilement should be about since it concerns anyone below 18. “Whether 10 or 14 years a child is a child. Separating the punishments almost trivialises the gravity of the issue at hand,” she said. The State Minister in charge of Constitutional and Legal Affairs Evode Uwizeyimana explained that a 16-year-old is considered a young adult, citing an example of the labour law which permits them to be employed. “There is a difference between defilement of a 3-year-old and a 16-year-old. Defilement itself is a terrible crime but these minors are not on the same level. A 16-year-old can sign a contract and work. A 14-year-old who commits murder can be punished by the law and one below that cannot. There is a difference though they are both considered children,” he explained. In the proposed amendments to the Penal Code, some offences and penalties will be removed from the Organic Law of 2012 instituting the Penal Code and only captured in special laws. They include the law relating to the rights and protection of the child, organic law determining the modalities of protection, conservation and promotion of environment in Rwanda, as well as the law relating to arms, among others. The proposed penal code also includes adjustments to the country’s laws on issues such as abortion, adultery, prostitution, as well as corruption and embezzlement. The bill also seeks to introduce heavy punishments for emerging and sophisticated crimes in today’s society such as human trafficking, offences against children, terrorism, and those related to cyber security. Unlike the current penal code, which has 766 articles in total and remains a collection of all offences and penalties that were in different specific laws, the proposed penal code has 360 articles. editorial@newtimes.co.rw
