- – Rights groups and traditional leaders weigh in on marital rape laws
As the debate on marital rape resurfaces, with several rights groups advocating for its criminalization, Batawana Senior Chief’s Representative Kgosi Oleyo Ledimo has stated that the concept does not exist within customary traditions and laws.
His remarks come at a time when Women Against Rape (WAR) has joined forces with the Amplify Change organisation and the Botswana Sexual and Reproductive Health Initiative (BSHRI) to advocate for the criminalisation of marital rape in Botswana.
To strengthen their advocacy, the three organizations recently launched a new project dubbed ‘Kgarebe e na le tshwanelo even after bogadi’, which translates to ‘women have rights even after bride price,’ to serve as a platform for their campaign.
WAR Research Director Helen Apps explained that they are mindful of how the law, cultural norms, and beliefs have historically sidelined married women compared to single women. She noted these systems have been harsh on married women by condoning various forms of abuse, including marital rape.
She further dismissed the long-held myth that individuals cannot be assaulted by their partners or spouses, identifying this belief as a major contributing factor to gender-based violence (GBV).
Among numerous reasons why they firmly believe marital rape should be criminalized, Apps argued that consent must apply within marriage because sex without consent is rape.
In an interview, Kgosi Ledimo maintained that rape cannot occur between married couples. He stated that entering into a marriage automatically means committing oneself to a lifetime of sexual relations.
“If one of the married spouses denies their partner sexual consent, that would emphasize that they no longer intend to carry on with their marriage, or rather entails that they had lost interest in their partner.”
Ledimo said that sexual intercourse is a right granted to both partners when they enter the institution of marriage, adding that they can have it whenever one or both of them wish. Furthermore, he highlighted the importance of partners compromising on this right to ensure they keep their marriages intact.
However, Ledimo clarified that customary marriage does not give men the right to abuse their spouses, as many people allege. “If a man assaults, cheats on his wife, or abuses her in any way, legal action is taken against him, and he ends up being punished. This actually goes a long way back; even in the past, legal action was taken against those who ill-treated their spouses,” he explained.
Furthermore, he stated that the foundation of every marriage is rooted in traditions and norms that condemn violence and discrimination. He indicated that people who abuse or ill-treat their spouses do so out of their own free will, not under the influence of culture and traditions.
Ledimo dismissed myths surrounding marriage particularly customary marriage itself—that claim it condones abuse, violence, and discrimination against women.
“The violation of women’s rights, especially married ones, including denying them access to education, leadership positions, and raising their voices in important decision-making processes, changed with cultural evolution,” he stated.
“All these are no longer applicable in the modern world and culture. Though some claim they do, they remain mythical in this era,” he mentioned.
He alluded to the fact that the current century advocates for equality between the rights of men and women. He emphasized that just as men have the right to hold leadership positions, get educated, provide input in important family discussions, and go to work, so do women.
Be that as it may, Ledimo indicated that the Batawana tribe is against polygamy, noting that they only allow and conduct monogamous marriages. He added that even other groups, such as the Bayei, Baherero, and Bambukushu who marry through Goo-Tawana traditions, are only allowed to marry one wife.
