Do you believe Khwezi?


This question has gotten politicians tripping themselves with both disappointing and underwhelming responses, further revealing lack of understanding of extent of the problem outside the legal framework, or lack of guts to be blunt about the issue. There’s an argument that this is an unfair question given that the president was acquitted of the rape charge.

The legal outcome doesn’t take away people’s right to still have opinions, so many people entangle themselves by attempting to give a legal answer when they should be giving their own take on the issue beyond the legal verdict. Rape is not a legal issue but a societal problem and we should continue to talk about it in our pursuit for solutions. The context of the question is not confined to Khwezi’s case but digs into the rape culture in our society.

There are glaring gaps within our legal framework that cannot be ignored and it’s through these debates our legal system can be improved to administer justice for all. The law relies on the evidence presented in court, which may fail to paint a picture of the actual charge when poorly presented. It talks about proving something beyond reasonable doubt, and according to the law experts, the reasonable doubt threshold is about 90%. That means if there’s 80% evidence that rape occurred, the accused could walk free.

So the legal outcome is not always a reflection of the truth but of what was presented in court. Unlike in many cases where the accused would deny having had sex with the victim, in Khwezi’s case, the accused admitted he had sex with the victim. In his testimony, he said that Khwezi was wearing a kanga and he interpreted that as an invitation for sex. That’s similar to saying if you see a woman wearing a bikini that’s an invitation for sex. That’s the kind of recklessness that occurred. It’s a dangerous message to send out. The accused may have won the legal battle but he has a huge moral case to answer, which we should care about.

Because of the legal loopholes and limitations, the law cannot be the final arbiter when it comes to administering justice and addressing societal issues such as sexual assault. The onus is on us as a society. The question of whether you believe Khwezi aims to further dig down on how the problem can be adequately addressed beyond the legal framework. It aims to encourage other sexual assault victims to come out. It challenges our understanding of what constitutes rape and the kind of battles the victims experience to prove their cases.

The question doesn’t aim to retry the accused in the court of public opinion but to delve into the state of the victims and barriers to justice. For me rape culture is similar to racism where the debate will usually be biased towards the victim given how prevalent the problem is. If someone says they were racially abused I’m likely to side with them even before any evidence is provided because racial abuse cases are common.

The same with rape, I have little reasons to doubt the victims’ versions because the issue is so widespread. It doesn’t imply that every accused is guilty. It’s similar to the #Menaretrash hashtag where it’s a rounding up approach based on the scale of the problem. It gives everyone a responsibility to be part of the solution including those who are innocent.

One of the questions that annoy me is, what took you so long to report this? Already that question comes with doubts of whether the victim is telling the truth. It shouldn’t matter when the rape occurred; the vital issue is that someone was raped. We know some of the reasons these cases are never reported on time or not reported at all. They include power dynamics and whether the victim will be believed or not.

I believe Khwezi, not because I have evidence to prove she was raped, but because of how big the rape culture problem is in our country. I believe her because of many victims who are discouraged to report sexual assault because it involves a family member. I believe her because of many victims who are scared to report the abuse because the perpertrators have some authority over them. I believe her because of many victims whose lives are threatened when they try to report the abuse. I believe Khwezi because of the mistreatment many victims receive in the hand of police officers.

I believe Khwezi because of many victims who get accused of being part of a conspiracy to tarnish the image of a public figure. I believe her because of many victims who are blamed for attracting attention to themselves through their dressing code, getting drunk, or walking alone at night. I believe Khwezi because of the stigma associated with victims of sexual assault that they have degenerated. I believe her because of many victims who are embarrassed to report their cases. I believe her because of many victims who are paid not to report the cases.

Next time when asked if you believe Khwezi don’t try to be a law expert because it’s not a legal question, it’s a societal issue. There are more reasons to believe than to doubt, and it’s our responsibility to ensure that there are more reasons to doubt than to believe through working together to address the problem.

Written by Lufuno Makungo
@LMwonder

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