AGLDF Project Learnings
Equality Now is finalizing a report that compiles information from the eight cases AGLDF has taken up in seven countries. The point of the paper is to identify commonalities between the cases to shape our future action and advocacy. To review, the cases are:
Ethiopia - Rape, abduction and forced marriage – Since 2002, Equality Now has been involved in the case of W. N., who at the age of 13 was abducted twice, raped and forced to sign a marriage contract.Our goal is to ensure that there were laws against abduction, rape and forced marriage and that these laws were implemented to eradicate this harmful practice.
Zambia - Rape by teachers - Equality Now has been actively supporting a case involving the rape of a 13-year-old girl, R. M., by her teacher in 2006. Our goal is to ensure that the Zambian legal and educational systems properly handle cases of rape in educational institutions and particularly by teachers.
Kenya – Female genital mutilation (FGM) - Equality Now worked with our Kenyan partner Tasaru Ntomonok Initiative (TNI), on the case of S. N., a 12-year-old girl from the Maasai community who bled to death on August 18, 2008, after being subjected to female genital mutilation (FGM). Our goal is to ensure that the government takes FGM cases seriously and properly prosecutes the perpetrators so that deterrent effect of the FGM law is achieved.
Pakistan – Incest – In 2009, Equality Now with its partner War Against Rape (WAR), Lahore, took on the case of N, a 15-year-old Pakistani girl and the oldest of six children, who was raped by her father. Our goal is to set a legal precedent on incestual rape, address barriers to access to justice for survivors of sexual violence and ultimately reform the Pakistan Penal Code to add a provision on incest.
Yemen – Child Marriage - In 2010, with our partner Yemen Women Union (YWU), we took on the case of 11-year-old M who, in 2009, was taken out of school and married off by her father to a 40-year-old farmer. Our goal is to establish the right of child brides to get a divorce without having to pay compensation to their husbands and to ultimately establish a law banning child marriage in Yemen.
Brazil – Sex Tourism - In 2010, Equality Now helped facilitate a civil case in the US on behalf of a number of Brazilian girls who were sexually exploited by clients of a fishing tour company in Brazil run by a US citizen. Our goal is to establish a precedent under the civil remedy provision of the Trafficking Victims Protection Act (TVPA) to encourage other victims to bring such cases and to serve as a deterrent for perpetrators.
Kenya – Gang Rape - In 2010, Equality Now took on a case with the Federation of Women Lawyers, Kenya (FIDA-Kenya), involving the gang-rape of Z.A., a 17-year-old girl in Kisumu, Kenya. Our goal is to set a precedent on police responsibility to investigate, prosecute and punish perpetrators of sexual violence and protect girls.
Uganda – Rape of disabled girl – In 2010, with Legal Action for Persons with Disabilities (LAPD), we took on the case of a severely disabled girl who became pregnant as a result of the rape but could not identify her rapist and the Ugandan government refused to pay for DNA testing. Our goal is to establish a precedent for government responsibility to take additional steps to investigate cases of sexual violence against disabled victims.
In helping the plaintiffs from around the world seek justice and navigate complex legal systems, we have learned the following:
Case Progress
In January, AGLDF traveled to Pakistan to follow-up on the incest case as well as investigate a potential new case involving a girl kidnapped and raped by a group of policemen. During this trip, ourcomprehensive report on incest, done in conjunction with local partners, was finalized and printed, and it is being distributed to relevant stakeholders and NGOs throughout Pakistan. Additionally, staff met with two high court judges to discuss prodecural updates that would help and protect victims as they take cases through the courts as well as to continue to call for a provision on incest in the penal code.
Brazil
AGLDF has facilitated a civil case under the TVPA in the U.S. on behalf of Brazilian girls who were sexually exploited by clients of a U.S. fishing tour company engaged in sex tourism. This company was run by a U.S. citizen who brought American tourists on fishing trips to the Amazon. The owner and his employees would lure local girls--some as young as 13—onto his boats where the girls were forced to have sex with the tourists.
Uganda
AGLDF continues to work on the case in Uganda of N.S., a severely disabled girl, who was raped by a family member in 2007 when she was 13. Our goal in this case is to establish a precedent for government responsibility to take additional steps to investigate and prosecute cases of sexual violence against disabled victims.
Since the last update, AGLDF and our partner Legal Action for Persons with Disabilities (LAPD) Uganda has pushed for DNA testing of the father and brothers and for the prosecution of the perpetrator. We successfully raised funds for the testing, and after sustained advocacy with Ugandan authorities the case was reopened. The suspects were apprehended on 24 August 2011, and DNA samples taken. Additionally, the police took DNA samples from N.S. and her baby and these have been taken to the government chemist for review. We are still awaiting the results.
Verdict in Pakistan Case
On July 22, 2011 a guilty verdict was rendered in the AGLDF incest case in Pakistan, and the perpetrator was arrested and awarded the death penalty. (As a human rights organization, Equality Now is not in support of death as a punishment.)
During the last days of the trial it appeared that the case was not proceeding in the victim’s favor as the prosecution's commitment was questionable. First, the medical examiner, testifying for the prosecution, stated that because there were no marks of violence on the victim's body at the time of examination, it could not be concluded that she had been raped. N's lawyer, with AGLDF’s support, had to rush to counter this argument with various scholarly research and legal opinions showing that marks of violence are not necessary in a rape.
In addition, the prosecutor made numerous statements during the hearing that were more supportive of the defense than the victim, and her lawyer had to intervene to salvage the situation. Thus, we were uncertain about securing a favorable verdict.
AGLDF greatly appreciates the tireless efforts made by N and her family, our partner War Against Rape and N's lawyer. Currently, the perpetrator has sent a notice of appeal to the High Court, and N’s lawyer will be pushing for child support and the father’s property to be awarded to his wife and children.
Brazil Sex Tourism Case Filed in U.S.
On June 14th, 2011 attorneys from King & Spalding, with AGLDF’s support, filed a civil complaint in Atlanta, GA against the owner of a sex tour company on behalf of four Brazilian women who were exploited as minors on these tours. Since that time, the defendant filed a motion to stay the civil case on the basis that there are two pending criminal cases/investigations (one in the US, one in Brazil) against him regarding the same conduct. The case has received prominent national and international coverage, including in Brazil, key to raising awareness about the issue.
The US civil complaint was filed with pseudonyms for the plaintiffs; thus while the news articles and broadcasts are drawing attention to the issue, they thankfully are not drawing unwanted attention to the plaintiffs in the case.
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