Every year, many women and children are victims of rape. In 2008, ADHOC has handled 419 cases denounced by the victims or their families. Beside this, during the 5 first months of 2008, ADHOC received 206 cases, while during the 5 first months of 2009, 201 rape cases were received. This comparison shows that the number of rape cases still remains stable.
The majority of rape cases affect minors: out of the 201 rape cases identified during the first 5 months of 2009, 134 cases (66,6%) concern minors (under 18 years old). Moreover, out of these 134 cases, 28 involved girls under 10 years old (20,8%) and 106 involved victims aged from 10 – 17 years ( 79,2%).
The increasing number of rapes shows that the legal action of the government to punish the perpetrators doesn’t have any positive effects in early 2009. In fact, out of these 201 rape cases, the government took action based on law in only 65 cases (32,3%), in the early process, but we don’t know yet how many accused will be discharged in the first trial. These factors lead to create a real climate of impunity in Cambodia.
Some victims’ families had complained towards the authorities for intervention but they all say to be very disappointed with the slowness of the action taken, with the process, the corruption and the different attempts to mediate without sending the case to the court immediately, which gives the chance …. to find other tactics to escape the accusation. Mediation is the main problem in the judicial system in Cambodia. There are many reasons which lead the victims to accept the mediation and withdraw their complaints: sometimes, the victims have to pay the authorities to take action such as sending the case to the court; even if the authorities try to send the case to the court, the victims may lose confidence in the justice and are afraid of spending huge amount of money in this process (they have to pay for their transportation, for the process in the court, and accommodation). In fact, ADHOC report shows that out of the 201 rape cases from the first 5 months of 2009, 32 rape cases (16%) are known to have been solved through mediation. But in reality, the real number of mediation cases may be more (some victims’ families did not inform ADHOC of the rape).
To summarize, based on ADHOC’s data, in early 2009, out of 201 rape cases, only 32,3% were handled by justice, 16% were mediated in illegal ways and 51,7% were not even taken into consideration by the authorities for legal action.
Case study 1
On December 24, 2008, B. VSN, a 9-years old girl living in Srung P Em village, Trach Tong commune, Ordong district, Kompong Speu province was raped while she had left home to collect firewood at 500 meters west of the village. Case study 2
On April 16, 2009 at 11 pm, N SD, a 19-years old girl, living in Kro Pum Chhuk village, Kro Pum Chhuk commune, Kos OnnDet district, Takeo province was raped by L.L, 22-years old, at Tourl Kandal village, Prey Khlar commune, Kos Onndet district, Takeo province. Following the rape, the victim went to file a complaint at Kos OnnDet district police. The police suggested a mediation with the perpetrator who was asked to pay a compensation of 3 000 000 riels (around 750$) to the victim. She accepted the compensation because she did not have enough money to proceed the complaint.
P. SO, a 14-years old girl living in O-Srav village, Om Pil commune, Kro Vagn district, PurSat province, was raped by D SD, male, 23 years old, living in the same village and commune. He raped her on March 18, 2009 at 10 pm at about 20 meters behind her house while the victim went to urinate. He escaped after the rape. The victim’s mother filed a complaint to the police who took legal action by transfering the complaint to the trafficking police in Pursat. The case was mediated by the trafficking police who asked the perpetrator to pay a compensation of 5 000 000 riels (around 1250$), of which the police kept 30%. They closed the case and the perpetrator was able to come back to live freely in the village . 