Local NGOs Advocating the Rights of Children (ARC) and Family Legal Clinic (FLC) on Wednesday welcomed the landmark ruling by the Supreme Court to accept different statements given in a child sexual abuse case, as multiple forms of evidence.
The apex court issued the ruling on Monday when it overturned the High Court's decision to free a man who was convicted of molesting his stepchild. The man was sentenced to 15 years by a Magistrate Court of a southern island in 2016, which pronounced him guilty of molesting his 11-year-old stepchild in 2013. The High Court had annulled the lower court's ruling and acquitted the man last year.
ARC hopes that this decision will increase conviction rates, help ensure justice for child victims of sexual abuse and further strengthen the child protection system.
— ARC (@ARC_maldives) March 11, 2020
In overturning the High Court verdict, the Supreme Court also reinstated parts of Article 47 of the Special Provisions Act to Deal with Child Sexual Abuse Offenders (12/2009), to lower the standard of evidence required for cases of sexual abuse against children. The court noted that testimonies of minors could be used as evidence if the child statements are credible beyond a reasonable doubt.
Previously, the High Court had raised these standards, stating that corroborating statements by different parties could not be considered as separate pieces of evidence.
Convictions can only be reached when five out of the 12 defined types of evidence in the Act are presented.
During the Judicial Symposium 2020, ARC and FLC delivered a presentation addressing the challenges posed by the High Court decision, and its overall impact on the prevention of sexual abuse of children in the country. Both NGOs called to fully reinstate Article 47 during the symposium.
Shedding light on the situation of Maldives, FLC highlighted that one in three Maldivian women between the ages of 15 and 49, out of the total population of nearly 400,000, have reported physical or sexual violence. Noting that most Maldivians, especially women, low-income workers, disabled persons and the elderly, cannot afford legal representatives, FLC further stated that two-thirds of the population do not have access to legal help as 99 percent of lawyers reside in capital Male'.
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