The criminal justice system (including the Victim Friendly Initiative) appears to use the child
as a tool to ensure that the accused is tried. There is no support given to the child after giving
evidence. In most cases, children are being abused by people they know, including those they
stay with. The accused is sometimes released on bail and they go back to the same
environment with the victim and the family may also blame the child for causing the arrest of
the accused. There are no alternative safe places for victims and survivors of abuse. For
children and the guardians attending court from distant areas, there is no place to
accommodate them during trial leaving the burden on the prosecutors and police who will
have brought the complainants to court.
3.6.
Settlement of Disputes at Family Level
Respondents also highlighted the tendency to resolve cases at family level. This however can
lead to children being abused in custody matters where there is no monitoring mechanism and
stifle the reporting of child sexual abuse cases. In sexual abuse cases, which mostly involve
people known to the victim, the adults tend to protect their family name and in some cases the
perpetrator will be the bread winner. This is also being caused by poor delivery of service by
the stakeholders with corruption allegations; the society has lost faith in the system. The
traditional leader in Rusape indicated that most cases are brought to him initially and if he has
no jurisdiction, he will refer the cases to the police. In non-serious cases, they can resolve the
matter where the child can ask for forgiveness. In custody matters, it was indicated that
children belong to the father in terms of customary law and the father should pay lobola so as
to be granted custody of the children.
3.7.
Religion
Most of the respondents pointed out the high prevalence rate of child marriages among the
apostolic sects. The respondents appreciated that such marriages constitute child sexual abuse
but there is a challenge in applying the law to bring perpetrators to book.
3.8.
Delays in Delivering Justice
Cases of child sexual abuse and juveniles in conflict with the law take particularly long
before they are concluded. The reasons given include the lack of resources to carry out
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