Somaliland on course to criminalising rape as senate approves law

The Upper House in Somaliland has passed the Sexual Offenses Act paving way for Presidential assent and marking a historic shift from traditional based approaches of handling sexual offenses and confining it within the courts.

The Upper House (Guurti) endorsed the bill with initial reports indicating with amends in regards to the sentence for offenders. The bill was endorsed by 35 lawmakers while 7 filed a contrary opinion as 8 Senators abstained.

According to the bill endorsed by the Lower House in January, the law seeks to impose a jail term of between 15 and 20 years for those convicted of rape while those found guilty of attempted rape would be condemned to seven years in the freezer.

In cases where the victim of rape or attempted rape is less than 15 years old, the law prescribes 20-25 years jail term while those who commit rape, cause bodily harm or infect their victims with HIV risk a lifetime behind bars.

The criminalization of rape and related sexual offenses marks a departure from the customary law system (Xeer) which has been criticized from not casting individual responsibility but making it a clan responsibility since the family or the clan would shoulder the penalties imposed.

The act now proceeds to the presidency for assent.

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