evidence; and - the absence of complaints procedures and facilities, such as women’s desks at police stations • The lack of programmes and/or procedural rules aimed at providing protection to victims of rape and at avoiding re-traumatisation • Evidentiary hurdles, such as the four male witness rule, which make a conviction almost impossible unless the perpetrator confesses to the crime • Immunity for officials accused of rape. 16 Thus, the laws in Sudan are such that a woman complaining of rape may well be prosecuted herself for adultery. The evidentiary requirement of four male witnesses to the rape again may implicate the male witnesses in the rape itself or for failure to prevent the rape. 17 In the absence of proof, the alleged perpetrator may be acquitted of the charge of rape but still be prosecuted for gross indecency under article 151 of the Criminal Act. Gross indecency however, “neither captures the heinous nature of rape nor provides for adequate punishment”.18 2.2.3 Proceedings in Uganda i) Substantive Laws on Sexual Violence Uganda’s Constitution provides that “women shall be accorded full and equal dignity of the person with men” (Article 33(1)). Article 33(2) further provides that “the state shall provide the facilities and opportunities necessary to enhance the welfare of the women to enable them to realise their full potential and advancement”. Article 33(6) provides that “laws, cultures, customs or traditions which are against the dignity, welfare or interest of women or which undermine their status, are prohibited by this constitution”. 19 Under the Penal Code, 20 acts of sexual violence against women in Uganda are legally viewed as crimes against morality or honour, not as crimes against the physical and mental integrity of women and girls. The definitions of rape, defilement, prostitution, and other sexual offences fall under the Offences against Morality section of the Penal Code Act. The offence of rape is defined as “the unlawful carnal knowledge [by a person] of a woman or girl without her consent or with her consent, if the consent was obtained by force, threats or intimidation”. Rape is punishable by the death penalty 21 and attempted rape with life imprisonment with or without corporal punishment. 22 Uganda amended its Penal Code Act in 2007, expanding the definition of defilement (unlawful sexual intercourse with a minor under the age of 18) to include boys as victims. 23 In addition, under Chapter 23 of the Act common assault and grievous bodily harm are punishable as a misdemeanour, liable to imprisonment for five years. 16 Time for Change: Reforming Sudan’s Legislation on Rape and Sexual Violence, REDRESS and KCHRED, November 2008, p. 9. See workshop reports, UNMIS, The Law Reform for the Prosecution of Rape and other Sexual Offences, 5 July 2006 and UNMIS in cooperation with National Assembly & Women Center for Human Rights, Reform of Legal Provisions of Criminal Law 1991 and Evidence Law 1994 on Violence against Women, 25 January 2007. 17 Ibid., p. 34. 18 Ibid. 19 “‘I can’t afford justice,’ - Violence Against Women in Uganda Continues Unchecked and Unpunished,” Amnesty International Publications 2010, available at: http://www.amnesty.org.uk/uploads/documents/doc_20290.pdf. 20 Penal Code with definition of rape available online at: http://www.ulii.org/ug/legis/consol_act/pca195087/. 21 Penal Code Act Chapter 120, Chapter XIV Offences Against Morality, Section 124. 22 Penal Code Act Chapter 120, Chapter XIV Offences Against Morality, Section 125. 23 The Penal Code Act (Amendment) Act 2007 replaced section 129 and Section 319, it also amended Section 286. REDRESS | DOMESTIC JUSTICE PROCESSES FOR SEXUAL VIOLENCE 9