CHAPTER ONE

GENERAL INTRODUCTION

BACKGROUND TO THE STUDY

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person’s consent.[1]

The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent,[2] such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent.[3] The term rape is sometimes used interchangeably with the term sexual assault.[4]

The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median.[5]

Worldwide, sexual violence, including rape, is primarily committed by males against females.[6] Rape by strangers is usually less common than rape by people the victim knows, and male-on-male and female-on-female prison rapes are common and may be the least reported forms of rape.[7]

Widespread and systematic rape (e.g., war rape) and sexual slavery can occur during international conflict. These practices are crimes against humanity and war crimes. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group.

People who have been raped can be traumatized and develop posttraumatic stress disorder.[8] Serious injuries can result along with the risk of pregnancy and sexually transmitted infections. A person may face violence or threats from the rapist, and, in some cultures, from the victim’s family and relatives.[9]

Widespread and systematic rape (e.g., war rape) and sexual slavery can occur during international conflict. These practices are crimes against humanity and war crimes. Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group.

People who have been raped can be traumatized and develop posttraumatic stress disorder. Serious injuries can result along with the risk of pregnancy and sexually transmitted infections. A person may face violence or threats from the rapist, and, in some cultures, from the victim’s family and relatives.[10]

Health organizations and agencies have also expanded rape beyond traditional definitions. The World Health Organization (WHO) defines rape as a form of sexual assault,[11] while the Centers for Disease Control and Prevention (CDC) include rape in their definition of sexual assault; they term rape a form of sexual violence.

The CDC lists other acts of coercive, non-consensual sexual activity that may or may not include rape, including drug-facilitated sexual assault, acts in which a victim is made to penetrate a perpetrator or someone else, intoxication where the victim is unable to consent (due to incapacitation or being unconscious), non-physically forced penetration which occurs after a person is pressured verbally (by intimidation or misuse of authority to force to consent), or completed or attempted forced penetration of a victim via unwanted physical force (including using a weapon or threatening to use a weapon).[12] 

The Veterans Health Administration (VHA) has implemented universal screening for what has been termed “military sexual trauma” and provides medical and mental health services free of charge to enrolled veterans who report MST.

1.2 STATEMENT OF PROBLEM

Cameroon has a Constitutional obligation to promote gender equality and to protect its citizens. Additionally, by being a party to a number of international instruments prohibiting violence against women, Cameroon additionally has international obligations to its female citizens. However, women subjected to rape in Cameroon. Married women are marginalized by Cameroon’s statutes, and in particular by Article 297, which legalizes the rape of a woman by her husband. This Note identifies the gaps and inconsistencies in Cameroon’s laws with respect to rape suggests ways in which the Cameroonian government could change its laws in order to comply with Constitutional and international obligations.

1.3 Research questions

The researcher seeks to answer the following questions which can be categorized under general questions and a set of specific questions.

1.3.1 General question

The general question is,how effective is the sanction for rape in Cameroon?

1.3.2 Specific research questions

• What are the various categories of rape?
• Is there any domestic legal framework to sanction rape in Cameroon?
• What are the effects of rape?
• What policy recommendations can be made to address the issue?

1.4 OBJECTIVES OF THE STUDY

The objectives are divided into general and specific objectives

1.4.1 General objective

The goal of the research is to critically examine the effectiveness of the sanction for rape in Cameroon.

1.4.2 Specific objectives

• To discuss the categories of rape
• To examine the laws governing rape in Cameroon.
• To discuss the impact of rape.
• To make policy recommendations that can address the issues raised and proffer possible solutions on the way forward.\