Amidst the alarming rise in the number of rape cases, Liberia’s Senate has amended the Rape law to make the crime a bailable offense.
Under the current rape law, which has been enforced since the first term of current President Ellen Johnson Sirleaf nearly 12 years ago, those charged with rape are to remain in jail until aquitted after court trial.
A press release from the Senate said the body voted in favour of the amendment following a report from its’ statutory Committee on Judiciary recommending that Rape should be a bailable offense.
Sinoe County Senator Milton Teahjay of the ruling Unity Party (UP) submitted the draft Act which is said to have been in the Judiciary Committee’s room undergoing scrutiny.
The Senate release did not say how long the draft Act amending the nonbailable clause in the rape law has been in the committee room, but said it “was submitted on Tuesday October 3, 2017 the Liberian Senate, during its 60th day sitting of the 6th session voted to amend the Rape Law.”
“The Committee also recommends that an accused person on bail for the commission of the crime of rape should report to the Court which granted the bail on a monthly basis and that reporting should occur on the monthly anniversary of the grant of the bail,” the Senate release said.
The Senate Judiciary Committee criticized the current rape saying that the original Rape contains “punishment that appears to be excessive and therefore unconstitutional.”
Rape cases in Liberia have not only drastically increased over the past few years, but there have been a number of them have resulting into death of the victims, most of them children.
According to the Ministry of Gender, Children and Social Protection, just in 2014 alone some 554 rape cases were reported in the country. Montserrado County, where the Liberian capital, Monrovia is situated, it was reported that 428 of the total number of cases happened here.
The Senators quoted Article 21 (d) (ii) of the 1986 constitution of Liberia as saying that “Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment inflicted.”
“In the opinion of the judiciary Committee, the punishment for rape as provided in the Rape Law is excessive and therefore unconstitutional,” the Senate Judiciary Committee added.
Meanwhile, the Senate has sent the amended bailable offense version of the Rape Law to the House of Representatives for concurrence. If the House concurs with the Senate, the amended rape Bill will land on the desk of President Sirleaf for approval.