Abstract

This thesis deals with rape as an offence under the Cameroon Criminal Law. In as much as there are institutions against this act, it still seems to persist in the Cameroonian communities. The method used for this research is the qualitative method because it is more suitable for analysis both for the primary ad secondary of findings.

Cameroon has a constitutional obligation to promote gender equality and to protect its citizens. Also, being a part to a number of international instruments prohibiting violence against women, Cameroon additionally has international obligations to its female citizens. However, married women are treated as third-class citizens in  Cameroon. Men are beneficiaries of all the protection of both international and domestic statutory and customary law.

Unmarried women are protected by statute from discriminatory treatement, but disparate treatement in customary mechanism. Married women are further marginalized by Cameroon’s statutes, and in particular by Article 297, which legalizes the rape of a woman by her husband. This note or research identifies the gaps and inconsistencies in Cameroon’s laws with respect to rape suggesting ways in which the Cameroonian government could change its laws in order to comply with Constitutional and international obligations.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

Rape is one of the main types of sexual assault. It is equally an offense with regards to the Cameroonian Criminal law. Throughout history, rape was not considered a crime because women were regarded as property and therefore without any rights. Like the act of taking over lands and properties, men took women as an affirmation of their masculinity . Rape is sexual penetration carried out without the consent of the victim party.

This act maybe carried out by physical coercion against a person who is incapable of given valid consent or below the legal age of consent. Rape is equally referred as sexual assault. The rates of prosecuting rape and convicting people who carry out the act vary with jurisdictions. National studies show that over 65% of women have experienced sexual assault and sometimes different type. One of the Countries with the highest rape cases is South Africa with over 66,196 incidents.

These sexual offenses are usually committed by male against female but however in some cases women carryout the act. Wide a systematic can occur during conflict in a country or during the course of war.

Rape is regarded as an element of the crime of genocide especially in cases where the intent is to destroy a whole or part of a targeted ethnic group.

Individuals who are victims of rape may face a lot of disorder such as post traumatic disorder, serious injuries may have been inflicted, the individual may end up pregnant or with a sexually transmittable disease.

Organization such as the World Health Organization (WHO) defines rape as a sexual assault and violence. The government of each country is however carrying out strict majors which could further aid in the prevention and mitigation or rape. Sexual assault by strangers is usually less common than rape by persons that the victim knows. Male-male and female-female rape equally takes place but are not always reported. In the early 1700s, Blackstone defined rape as “carnal knowledge of a woman forcibly against her will” three centuries later his definition still predominates in most states rape is defined as sex by force without the victim’s consent whatever constitutes force remains deeply contested .

In common law origin rape was viewed as a property crime with the “victim” being the father or husband of the women who had been raped. It was believed that husbands could not rape their wives.

Some courts even held that some women may fabricate a rape accusation against husband. It was stated that nonconsensual sex would not be considered rape unless “the victim had resisted the most” based on Stephen J. Schulhofer, Reforming the Law of Rape,35law &Inequality 335(2007). Based on English law the fact that rape has always been a criminal offense had repercussions this included castration or death of the rapist. There are so many ways by which individuals who commit this at are being punished. Rape was initially considered as a crime based on property violation by another. Rape is conventionally viewed as an abnormal or deviant act but when placed within the context of the society it seems to be more an exaggeration of conventional sexual relations.  There are a variety of reasons why rape occurs which rapist may use as a form of defense for their actions.

Rape is seen more like a social rather than a psychological problem and it is argued that rape is a product of the sexual divisions of the society of everyday

It was believed that rape was merely property violation by another. That is women were regarded as properties, preconceptions of male and female sexuality and of the power this difference entails .

Sexual assault is an intercourse of violence based on the forceful penetration therefore it clearly shows that it is more of a psychological problem that is it has to do more with the psychology of the individual carrying out the offense. Rape is generally regarded a  criminal offense because harm to the other party. Even though not voluntary may still go further to cause

harm to the other party. Rape which is sexual violence is carried out by the other party usually men to show off their dominant nature over women. This may be as result of the woman or other party’s refusal to comply and this may force the man to carry out the act for his satisfaction. Back in the days rape was carried out mostly by men but recently even women carry out this act. It is equally carried out by individuals practicing homosexuality with recent developments. With time laws were enacted and passed to mitigate and limit the rates of rape.

The Centers for Disease Control and Prevention (CDC) includes rape in their definition of sexual assault and they term rape as a form of sexual violence. They list other forms of sexual assault as acts in which a person may penetrate a victim who has been intoxicated without consent.

1.2 Statement Of The Problem

Despite the present of established laws to regulate the offence of rape within the country, rape still happens to be a seriouse issue or problem till date in our present day society. This is somehow due to some lapses of the law.

Also, lack of efficient and strict implementation of the law has helped to enhance the offence of rape. This is seen in the maginalisation of married women when it comes to the offence of rape under the Cameroon statute as men are by law free to have intercourse with their respective wives even when they fail to consent to it.

This brings out the inconsistencies in the Cameroonian law with respect to rape

1.3 Research Question

This research seeks to answer the following questions which is characterized under main and specific research questions.

1.3.1 Main Research Question

How effective are the laws combating the offence of rape in the Cameroon criminal legal system?

1.3.2 Specific Research Question

1. What Is the concept and nature of rape?
2. What are the legal and institutional frameworks governing rape and their sanctions?
3. What are the effects of rape on the victims and possible consequences?
4. What is the Possible recommendation on how to mitigate rape?

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