Bail and Punishment in Rape Cases: The Situation in Botswana

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Periodical article

Title:	Bail and Punishment in Rape Cases: The Situation in Botswana
Author:	Lebotse, Kabelo K.
Year:	2000
Periodical:	East African Journal of Peace and Human Rights (ISSN 1021-8858)
Volume:	6
Issue:	2
Pages:	115-129
Language:	English
Notes:	biblio. refs.
Geographic terms:	Botswana Southern Africa
Subjects:	sexual offences Law, Human Rights and Violence Women's Issues law Rape Violence against women Sexual abuse Justice, Administration of
Abstract:	In 1998, the government of Botswana enacted the Penal Code (Amendment) Act, amending the law relating to rape with a view to adding 'teeth' to it. In view of the perceived disadvantages to the victim of testifying in open court, the Criminal Procedure and Evidence Act has also been amended (1997). The present article takes a critical look at the recently amended rape law, more specifically, at issues relating to bail in rape cases and punishment prescribed by the amended law against convicted rapists. In the process of doing so, the constitutional provisions are looked at to ascertain the extent to which the amended law is in consonance with the letter and the spirit of the Constitution. Reference is also made to international standards regarding the treatment of prisoners and arrested persons. Notes, ref.