The Ministry of Gender and Family Promotion is currently in consultation with the Ministry of Justice and other stakeholders regarding the viability of having all suspects accused of rape and defilement tried on the scene of crime.

This was disclosed to The New Times by Jeannette Bayisenge, the Minister for Gender and Family Promotion, during an exclusive interview, saying that this is one of the measures to discourage the abhorrent crime.

"We are working with different stakeholders, notably the judicial sector, so that rape and defilement trials can be conducted at the crime scene and in public to make sure it leaves a lesson to anyone who may attempts to do it,” she commented.

She added that implementing it will require extensive study that might take time to make sure all the rights of the suspects and those of the victims are fully adhered to.

"We are still liaising with the judicial sector so that the process can be conducted through legally-accepted procedures, in line with the Rwandan criminal procedures,” she added.

Contacted for a comment, Harisson Mutabazi, the Spokesperson of the Judiciary, said that he could not comment before the proposal is tabled before his institution.

Nevertheless, The New Times understands that article 130 of the Rwandan law relating to criminal procedure allows for trials to be taken to communities where the crime is committed, when the need arises.

"The hearing takes place at the seat of the court on the date set by the court. If necessary, the hearing can take place in such other places as can be determined by the court”, reads the article, which also stipulates that the trial can also take place through electronic means.

Another source from the judiciary who spoke to The New Times on condition of anonymity because he does not speak for the institution said that the request is not against any law, but also not a prerequisite.

The official added that on-site trials play a bigger role of raising awareness around a certain crime, which also falls within the mandate of the judiciary.

"Our mandate is not limited to adjudicating matters in court; we are also mandated to raise awareness on crimes. So, on-site trials can actually be looked at in that context. And we normally do it in case we think the trial can leave a lesson for the public,” said the official.

Precedence

Some cases of public interest have previously been conducted on the scene of crime including one held in March 2020, a torture case that trended on social media involving a group of friends who conspired to assault and torture their colleague.

The case was publicly heard so as to leave a lesson to the youth, as judges stated that time.

In 2014, another hearing of one Sylvestre Hora, a domestic worker who was convicted of murder was also heard in public in Kigali Stadium in Nyamirambo.

Hora was found guilty of murder of a 12-year old girl who was one of the children in the home where he worked, and was convicted to life sentence.

The official bases on these examples to assert that if need be, some court cases can be taken to public though the gender and family promotion ministry is advocating for a mandatory on-site trial for all sex offenders’ crimes.

Activists raise concerns

The proposal has however triggered concerns from different activists who talked to this paper expressed concerns, saying it may not be appropriate for a number of reasons.

According to Juliette Karitanyi, a women rights activist, things may in case such trials are taken to communities, especially since identities of the victims, including minors, will have to be revealed.

"Let us agree trials are taken to the public to teach the convict a lesson; but, how are they going to ensure the safety and privacy of the victims who are minors in this case?” she wondered.

In these types of trials, she said, there is an increased lack of evidence, and if rapists are acquitted, it will only embolden others to continue committing the crime. Karitanyi added that it may lead to inter-family conflicts because, a communal trial will mean that one family (of the suspect) is up against the one of the victim and this may bring disharmony in the community.

Annet Natukunda Mukiga, another activist welcomed the development but called for a victim-centered approach in conducting such trials.

"This is a good deterrent initiative and it again shows people that justice is working”, she commented, "But it should be conducted in a very sensitive manner respecting the victim’s security, safety and comfort”, she noted.

Natukunda says that before a trial is conducted publicly, the victim has to be approached and asked to give her consent if she is comfortable in such a setting.

The development is among the government’s efforts to relentlessly fight sexual violence.

Other measures in place include a sex offenders’ registry in which all individuals convicted for rape or defilement will be listed to make these crimes too scary to commit in the society.

Figures from the Ministry of Health indicate that 17,849 teen pregnancies were recorded in 2016 and scaled up to 17,337 in 2017.

The figures increased to 19,832 in 2018 and reached 23,628 in 2019 but slightly dropped in 2020 to 19,701 cases.

Rwanda Investigation Bureau also reported having arrested 4,452 sex offenders between 2020 and early 2021.