SODV Act does not stop men from proposing love - Principal Crown Counsel
THE Sexual Offences Domestic Violence Act (SODV) was drafted to better protect the rights of everyone, be it women, men or children.
While in previous legislature rape was recognized, the difference now is that the Act takes into cognisance other acts which were not previously defined as rape and qualified as lesser crimes.
One of the most controversial arguments was the act of courting where people assumed with the act now in action it meant people would file charges against men who asked them out.
Futhi Lushaba is a Principal Crown Counsel in charge of the Sexual Offences Unit under the office of the Director of Public Prosecutions.
She is a Prosecutor heading the Sexual Offences Unit. This Unit is responsible for the prosecution of sexual and domestic violence cases and human trafficking cases.
The Unit is also responsible for cases involving children who are in contact (victims or witnesses) or in conflict with the law child offenders.
During an interview with the Eswatini Government blog she spoke at length about the Act and the many misconceptions surrounding it.
“There are a lot of misconceptions about this law. However, I would like to highlight just a few which greatly impact the implementation of this law. Most people still believe that the law only protects females, which is not true. This has led to males not coming up to report abuse which they have suffered because they believe that it protects females,” said Lushaba.
In addition, she mentioned that another misconception was that the law prevents men from proposing love to girls, especially the issue of unlawful stalking. That was not true, as well.
“It is important to respect yourself as a person first. Respect yourself to the extent that you do not tolerate something which makes you feel uncomfortable or a situation which makes you feel uncomfortable. Secondly, respect others. Do to others what you would want others to do to you. It is as simple as that. Respect and love yourself and respect others,” she said.
She further highlighted the measures in place to educate emaSwati about new laws passed in the country. Lushaba mentioned that offices responsible for the laws have programmes in place and they engage partners to educate emaSwati about new laws.
She added that when the SODV Act was enacted, the Office of the Deputy Prime Minister roped in stakeholders involved in the law and went about educating people in companies and in communities about the Act.
Worth mentioning is there has been reported change since SODV was enacted sentences in common law were very low. As much as sentencing is a discretion for the court, the SODV guides Judicial Officers on sentences to be imposed in each offence.
Lushaba in hindsight mentioned that the Act does not discriminate. In common law, some offences were committed against females only and some for males only. The SODV talks about a person and is not gender specific.
“The Act has also introduced new offences like stalking, sexual harassment and indecent treatment of children. Domestic violence is now an offence,” she said.
When quizzed on some of the challenges that come with her job, Lushaba said hers was sometimes traumatic.
“The job is sometimes traumatic. It comes with a lot of traumas especially when dealing with cases of murder, rape, attempted murder and others which have a domestic violence element. You must be emotionally intelligent to be able to overcome emotions. The job requires dedication and focus. A lot of reading is also involved.” she said.