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Liberian Children urge House: ‘Don’t concur with Senate to make rape bailable’

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Photo credit: UN Women

By Mark N. Mengonfia

The Liberian Children Forum has officially communicated with members of the House of Representatives, requesting them not to amend the rape law as was done last year by the Senate.

In their position statement to the House of Representatives this week, the Liberian kids said they do believe that if the rape law remains non billable, it will help in the continues protection of women and girls in Liberia.

According to the UN Women, “majority of rape cases in Liberia are against minors and many survivors are left with life-long medical and psychosocial challenges.”

On October 3, 2017, the Liberian Senate, during its 60th day sitting of the 6th session, voted to amend the Rape Law thus making the much talked about non-billable rape law of Liberia a billable crime if the House of Representative approves it.

The Senate took the vote following a report from its’ statutory Committee on Judiciary recommending that Rape should be a billable offense as is provided for in the draft Act submitted by Sen. Teahjay.

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 Judiciary Committee also noted from the comparison of the original Rape Law and the proposed amendment that the punishment provided in the original Rape Law appears to be excessive and therefore unconstitutional. Article 21 (d) (ii) of the 1986 constitution of Liberia provides 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.

Rape is a non-billable offense under the current Rape Law of Liberia with perpetrators having no access to parole while serving his/her term in prison.

In their position statement read by the Children’s Forum Secretary General, Prince H. Saydee, the Liberian children told members of the House of Representatives that when the Rape Law remains as it is without and with a robust and vibrant system, it will also help minimize the prevalence of Sexual Gender Based Violence in the country.

“We must be clear to say that the amendment of the law does not protect the rights of women and girls in Liberia. In a context of billable offense, violators or perpetuators to be set free based on the felling of the police or Court has been spelled out by the definition on billable law or offense, is not in the interest and protection of women and children in Liberia,” the children’s communication to the House of Representative says.

The Liberian children insists that the rape law must remain nonbailable.

They are recommending speedy trial for all rape cases, fast tracking the court trial, and strengthening and enforcing the law.

They called on the House of Representatives to consider the points highlighted by the Children of Liberia and not concord with the Liberian Senate to amend the rape law.

After the reading of the communication from the Liberian kids, members of that august body agreed to forward the children’s quest to it leadership to advise the plenary, which is the highest decision maker of the House of Representatives.

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