Rape report 2001

Special thanks to Mina Park for assistance in data collection and compilation; Christiana Brandt for her interviews with Khmer judges; to the individuals and organizations who shared their time and information; and above all, to the LICADHO staff whose work made this report possible, in particular the human rights investigators in Phnom Penh and the provinces.

Published by : Cambodian League for the Promotion and Defense of Human Rights (LICADHO), February 2001

Executive Summary

Every day, an increasing number of women and children in Cambodia become victims of sexual abuse (rape or indecent assault). They are victims not only of the sex crimes committed against them, but also of the violence, humiliation and physical injury associated with these crimes. They are also victims of the psychological implications of rape and indecent assault, a legacy that victims silently suffer for many years, if not their lifetime, without any help or understanding.

Survivors of rape often face discriminatory attitudes from a society that considers them as “fallen women” (srey khoic). Social scorn and family shame resulting from loss of virginity when raped are powerful factors that result in some victims feeling that the only profession they are now fit for is prostitution. Some parents even encourage their daughters into prostitution if they are no longer virgins. In other cases, the victim is forced to marry the man who raped her, in a bid to preserve her family’s reputation.

No one deserves to be raped and no one has the right to rape. Rape and indecent assault are atrocious acts of violence and a severe form of injustice against women and children, who are often blamed for being victims. Victims are often left traumatized and ashamed, so are reluctant to come forward and lay complaints against their rapists.

There are many myths in society with respect to rape. Some Khmer men believe that “men can’t control their feelings” and thus cannot be blamed for acting on their passion. However, rape is not about passion or sex; it is about violence and power. Rape is primarily an expression of violence, anger and power meant to hurt, control and humiliate the victim. The primary motive for rape is to discharge feelings of anger, contempt, vulnerability or inadequacy. Rape is closer to torture than sex. The myths about rape and indecent assault must be addressed and abolished through education and dissemination of information throughout Cambodia.

Rape can have grave physical consequences for the victim, including sexually-transmitted diseases and HIV/AIDS, as well as immense psychological consequences. Because many victims do not report rape, they may get no medical treatment or STD screening. Even for those who do seek treatment, the existing medical and psychological services for sex abuse victims are inadequate.

Most human rights advocates believe rape in the community is increasing, and that victims are getting younger, although there is no sound statistical evidence to support this. Reasons put forward to support the belief of an increase in rape include the climate of impunity in Cambodia, the growth in and easy access to violent and explicit pornography, the availability of drugs that can be used to dope a victim, and belief among many Asian men that sex with young virgin girls has health benefits. Furthermore, the spread of HIV/AIDS in Cambodia has resulted in some men seeking out younger and younger girls to have sex with because they believe they will be safe from disease. Some wives also help their husbands rape young girls because they are concerned of catching HIV/AIDS if their husbands visit brothels or have girlfriends who are not virgins.

There is an urgent need for statistical studies to determine the true extent of sexual abuse in Cambodia, and verify whether it is increasing or not. However, in any event, it appears clear that rape and indecent assault are prevalent in the community, and very little is being done to address the problem, either in terms of prevention or rehabilitation of victims.

The sexually abused are victimized repeatedly – first by the abuser or rapist, and then by society. Traditional beliefs about women’s role in society and the importance placed on virgin brides increases the shame felt by the victim and her family and can result in suicides, domestic beatings of the victim, taunts from village members, continual harassment from the perpetrator or his family, severe physical deterioration, and psychological problems. These legacies of rape will scar the victim’s life forever, while most rapists are never brought to justice, and of those who are, many do not receive adequate punishment according to the law.

The highly prized commodity of virginity in Cambodia shapes attitudes to sexual violence on many levels. The shame associated with loss of virginity often becomes the focal point of rape, shifting the focus from the perpetrator and his unlawful violent act, to the victim and the “problem” of the loss of her virtue. These social attitudes and myths about rape and the traditional role of women influence judges in rape trials, especially in the way they interpret medical evidence, often to the detriment of the victims.

The most common type of evidence relied on in rape cases which go to trial are medical certificates based upon an examination of the victim by a health worker, who often has little expertise in the field. The certificates are also often based on medical examinations of the victim conducted some time after the rape, given that victims often do not immediately tell someone or seek medical help. The information on the certificates is frequently inadequate.

When reviewing such medical certificates, judges frequently look for evidence of severe physical injury to the genital area of the victim as proof that sex was non-consensual. In the minds of some judges, an absence of virginal tears would suggest that the sex was consensual, and not rape. But research in the United States has shown that most rapes, including vigorously resisted ones, leave no cuts or bruises on the body or in the vagina. Many rapes in Cambodia are accompanied by weapons or threats of violence or death, so many victims do not struggle or fight back, so are even less likely to sustain physical injury, so judges would be less likely to hold the sex was not consensual.

Many rapes do not get end up in court at all. Many cases are settled by a payment of money by the perpetrator to the victim and/or the victim’s family instead of being prosecuted according to the law. The police and/or court staff are often involved in helping to broker, for a fee, monetary settlement instead of carrying out their legal obligations to investigate and prosecute these serious criminal offences.

Of the rape and indecent assault cases investigated between January 1999 and March 2000 by LICADHO, only 51% have been resolved in some way (legally or otherwise) and are now closed. Of the cases closed, 41% were settled by a payment of money. Of the cases that are still unresolved and open, 26% of the perpetrators have escaped, while the rest of the cases are still being investigated or are awaiting trial – one to two years after the offences took place.

Both international and domestic law prohibits sexual abuse, but this means little for victims of rape and indecent assault. The rape and indecent assault laws applicable in Cambodia are inadequate, especially with respect to minors, and poorly enforced. Children are not protected because the law fails to define a minor with respect to crimes; it fails to define a legal age for sex, and it fails to provide a statutory rape law.

A new criminal code is planned, and two different drafts have reportedly been written. The first, drafted in Khmer language, not only fails to address the many shortcomings of the existing criminal law relating to rape and indecent assault, but also creates many more. The second draft criminal code, written in French, has around 800 articles and has yet to be translated into Khmer or English. It is vital that the opportunity to advance the criminal law in the area of sexual offending by the creation of a new penal code is not squandered. The new code must address the many deficiencies in the current law, and be openly drafted and subjected to public debate. The Khmer draft code currently circulating is totally inadequate and should not be accepted.

The gulf between the law and its implementation in Cambodia is well known and documented. In the cases investigated by LICADHO, there is plenty of evidence of the failure of the police and the judiciary to follow the law, prosecute the accused and provide justice to victims. This results primarily from corruption, as “easy money” can be made out of the misery of someone being raped. A contributing factor is that the authorities do not view rape as a serious crime.

The way judges apply the law is often incorrect and inconsistent. Judges frequently apply the law in the way most expedient to meet their interests, which is often a payment of money by the accused to receive a not guilty verdict or a suspended sentence. This leads to the entrenchment of judicial decisions incorrect in law, and results in serious sexual offenders receiving very little punishment, if any at all. An example of the kind of reasoning which has gained a strong hold in judges’ minds is that if the victim does not sustain serious enough injuries to her genitals, then she was not penetrated “deeply enough” for it to be rape; thus the judge decides to change the charge against the perpetrator from rape, a crime, to indecent assault, a misdemeanor. This is incorrect, as any penetration (however “deep”) is defined as rape in the law. A lesser conviction for the misdemeanor of indecent assault does, however, allow the judge to a give suspended sentence, meaning the perpetrator may spend little or no time in prison; in such cases, it is often suspected that money paid by the perpetrator is the real reason for the judges’ decision to reduce the charge. Such corruption and disregard of the law perpetuates the myth that violence against women is not a serious crime.

The authorities often fail to meet their legal obligations to investigate and prosecute sexual abuse cases. Permitting these crimes to go unpunished perpetuates the climate of impunity in Cambodia, and contributes to the cycle of violence that has hindered the development of Cambodia for decades.

Rape and indecent assault are serious crimes, and to treat them in any other way dismisses the seriousness of sex offending and the impact these crimes have on victims, and on all levels of society. Society’s sanction of a payment of money as an acceptable form of justice for criminal offences must stop. The only way that this can happen is by the implementation of a rule of law in Cambodia that people trust, which they currently do not. To build trust, corruption in the police and judiciary must be addressed, and abusers must receive adequate punishment according to the law.

The police and judiciary are poorly trained and are given little financial support to run their departments. Corruption is tolerated by the government and even encouraged, as salaries paid to government employees leave them little option but to find alternative ways to make a reasonable living. Lack of law enforcement and corruption are at the heart of the perpetuation of sexual abuse (and all crimes) in Cambodia. It is up to the government to strengthen the legal system, but to date it has shown little will to do so.

While sexual abuse effects all ages and gender in Cambodia, it is Cambodia’s youth who are most vulnerable, and who are increasingly affected as victims, and as offenders. Of sexual abuse cases investigated by LICADHO between January 1999 and March 2000, 7% of the suspected perpetrators were aged under 16, an alarming figure, especially given the lack of rehabilitative facilities for sex offenders in Cambodia. It is recognized throughout the world that sexual abuse has devastating psychological implications for those who suffer it, and to a lesser extent those who witness it. Often a cycle of abuse pattern is established where the abused may in turn become abusers, or continue to be victims of abuse throughout their lives. Given the number of young Cambodians affected by sex crimes, a grave concern arises for the future social health of the country.

Cambodia is poorly placed to deal with the many grave consequences of sexual abuse, both on individual victims, and society as a whole. Inadequate treatment for both the physical and psychological effects on the sexual abuse victims is a large problem that needs to be addressed.

Physical consequences of rape can include injuries suffered during the crime, abdominal pains, vaginal complaints, and sexually-transmitted diseases including the life-threatening HIV virus. Because many victims do not report rape, many do not receive adequate medical care or screening, especially tests for HIV/AIDS or other STDs. Furthermore, many victims do not have access to adequate medical care due to financial or location constraints.

The psychological problems of rape and indecent assault can have a more devastating effect on the victim, especially over time. Symptoms typically suffered by victims include severe anxiety, guilt, loneliness, depression, lack of confidence, chronic bed-wetting, aggressiveness, self-mutilation, suicide, fear, humiliation, shame, embarrassment, self-blame, helpless, decrease in appetite, nausea, tension headaches and fatigue.

While there are some effective counseling programs, mainly in Phnom Penh, most victims do not received any counseling, especially in provincial areas. For very young child victims, and victims over 18, very little counseling options are available. There is a severe lacking of qualified people available to help victims recover from these life-crippling implications of rape.

While privately acknowledged, sexual abuse is publicly ignored. Breaking the silence is vital if the problems associated with sexual abuse are to be addressed. Changing social attitudes towards sexual abuse and its victims will take a very long time, and can only come through education. Prevention programs are vital, and more that target sexual abuse specifically are needed. Rape in the community is a unique problem requiring unique initiatives.

While limited educational training on sexual abuse investigations is directed to police and local authorities, almost no judicial training is provided in this area. Similarly, there is an urgent need for training of health professionals to provide adequate services to sexual abuse victims. It is imperative that a strengthening in the collaboration between international organizations, non-government organizations, local authorities and the Royal Government of Cambodia begin immediately if the epidemic of rape and indecent assault in Cambodia is to be addressed.

Foreword By H.E. Mu Sochua, Minister Of Women’s & Veterans’ Affairs

As Minister of Women’s and Veteran’s Affairs, I wish to contribute a few words to LICADHO’s detailed and deeply disturbing report into the prevalence and effects of sex abuse in Cambodia. Rape and Indecent Assault: Crimes in the Community is an indispensable document outlining the challenges Cambodia faces in extending lasting and meaningful human rights to the most vulnerable of its people – women and children.

The case studies in the report are appalling to anyone concerned about human rights and in particular the rights of women and children in Cambodia. As a post-conflict society still struggling to come to terms with the murder and terror of the 1975-1979 Khmer Rouge regime, the revelation that a significant number of Cambodian women and children are victims to sexual violence in their communities is a sobering reminder of the limitations of Cambodia’s still-fragile peace, social stability and future development.

Rape and indecent assault are serious crimes under Cambodian law, and should be properly investigated and prosecuted by police and judicial authorities in strict adherence to the law. The current prevailing lack of implementation of existing laws, lack of prosecution and punishment for sex offenders is deeply disturbing, and affects the future health and stability of Cambodian society.

The blame for sexual abuse is all too often placed on the shoulders of the victims, rather than where it should be – on the perpetrators. It is time that sex crimes are seen for what they are – gross injustices committed against innocent members of society. Sex crimes should attract respect and acceptance for the victims, and demands for prosecutions according to the law for the perpetrators. Sex crimes are often settled out of court; these negotiations are initiated and settled either by the local authorities or the police. According to the law, the prosecutor must file criminal charge which can serve a five to ten year sentence.

In my capacity as Minister of Women’s Affairs, I intend to ensure that the Ministry prioritizes the drafting of comprehensive legislation to penalize sex offenders and protect Cambodian women and children from sexual crimes. Furthermore, it will be essential that police and court officials be trained in the proper procedures to be followed in incidences of sex crimes, and become sensitized to the pain and suffering of rape victims. The creation of rehabilitation services for victims of sex crimes must also occur along with long-term initiatives designed to educate wider Cambodian society of the crime of rape and the fallacy of traditional attitudes and stereotypes that foster a culture of impunity for sex offenders while increasing the pain and suffering of victims.

The information in LICADHO’s report Rape and Indecent Assault: Crimes in the Community is both a warning and a challenge to improve the lives of Cambodian women and children of all ages. By revealing the extent of sexual abuse in Cambodia and the devastating impact it has on its victims, this document empowers both my Ministry and civil society to redouble their efforts to effect meaningful positive change in the lives of Cambodian women and children. Now both government and civil society in Cambodia must work together to eliminate sexual violence and the silent suffering of its victims.

Preface

There have been a number of publications about commercial sexual exploitation and domestic violence in Cambodia, but little has been published about rape and indecent assault (sexual abuse) outside those other contexts. While many human rights advocates agree that rape and indecent assault in the community is a large and growing problem in Cambodia, they acknowledge that these issues have taken a back seat to trafficking, prostitution and domestic violence, with less time and resources having been devoted to this area of sexual offending. It is now time to tackle the problem of sexual abuse.

This report analyzes the information obtained by LICADHO through its investigations of rape and indecent assault cases, and discusses rape-related issues. However, this is not a countrywide statistical study, as throughout the world rape is one of the most under-reported crimes. Currently, there is insufficient data to accurately estimate the number of rapes and indecent assaults committed in Cambodia.

Rape and indecent assault cases accounted for 20.22% of the total cases investigated by LICADHO during 1999, and 26.30% during 2000. Many of the victims were children; these offences accounted for 60.75% of the cases investigated by LICADHO’s Children’s Rights Department during 1999, and 61.74% during 2000. Of the cases involving children, 23% were committed on children 10 years of age and under. Because of the significant number of these cases investigated by LICADHO, it was deemed timely to take a closer look at some of the issues involved to gain a better understanding of the problems, and thus better meet the needs of victims.

This report focuses only on rape and indecent cases investigated by LICADHO. Under LICADHO’s mandate, rape and indecent assault cases are investigated by its staff if one or more of the following took place:

the suspected perpetrator is a member of the government authorities
the police have failed to investigate or acted improperly, for example threatened the victim
a member of a government authority has acted, or is trying to act, as an intermediary between the victim and the accused in order to reach an out-of-court financial settlement
the victim is a minor (aged 18 or under)

Because of the limited mandate of LICADHO, the majority of rape and indecent assault cases investigated were committed against females aged 18 or under.

This report highlights some of the inherent problems and issues associated with sexual abuse in Cambodia. It is not intended to be the definitive analysis of all the issues involved or critique all current initiatives against sexual abuse, but focuses on issues apparent from the case investigations of LICADHO. It is hoped that this report raises awareness of the situation of sexual abuse and encourages more action to address the problems.

List of Acronyms

ADHOC – Cambodian Human Rights and Development Association

CCPCR – Cambodian Committee for the Protection of Children’s Rights

CDP – Cambodian Defenders Project

CEDAW – Convention on the Elimination of all forms of Discrimination

Against Women

CNCC – Cambodian National Council on Children

CRC – Convention on the Rights of the Child

CWCC – Cambodian Women’s Crisis Center

ECPAT – End Child Prostitution, Abuse and Trafficking

IOM – International Organization for Migration

LAC – Legal Aid of Cambodia

LICADHO – Cambodian League for the Promotion and Defense of Human

Rights

NGOCRC – NGO Committee on the Rights of the Child

SSC – Social Services of Cambodia

TPO – Transcultural Psychosocial Organisation

UNICEF – United Nations Children’s Fund

Methodology

The initial focus of the author was to arrange the updating of information on all of the rape and indecent assault cases investigated by the Children’s Rights and Investigation Departments of LICADHO from January 1999 until March 2000 (a 15-month period). These cases were first identified, the information analyzed and follow-up investigations undertaken.

The 15-month time period was chosen for several reasons:

1) While the investigative capacity of LICADHO has increased since it first opened its doors, only the last few years have produced reliable data in respect of rape and indecent assault cases.

2) A new casework database was introduced in the later part of 1999, allowing easier identification and tracking of sexual abuse cases (although not all cases have been entered into this system).

3) A longer period than 15 months was not considered viable, because undertaking follow-up investigations is time-consuming and difficult. This extra work had to be absorbed by LICADHO staff into their workday along with their normal workload.

4) There is a lag time between a case being reported to LICADHO and it reached some kind of a resolution, so March 2000 was deemed appropriate as a cut-off date for follow up investigations.

The main purpose of the follow-up investigations was to find out if there had been an outcome to the case and if so what the outcome was. A detailed questionnaire was provided to all the LICADHO coordinators in the different provinces that had cases to be followed-up, and it was their responsibility to provide the feedback to the questionnaire for each case that fell between the above dates. Unfortunately, much of this information was incomplete, due to a number of problems. This project relied on existing LICHADO staff to absorb what was asked of them into their normal duties. Also, gaining information from the courts proved to be very difficult. In the end, the information obtained was not uniform in detail or questions answered, so only uniform information was used. Some of the uniform information collected also remains incomplete and is so noted by the word “unknown” in the data presented. While there were problems associated with data collection, enough uniform information was obtained to highlight sexual abuse issues. The information collected shows:

· The type of violation(s). For example: rape, attempted rape, indecent assault, rape and murder.

· The gender and age of the victims and accused.

· The occupation of the accused.

· If the accused was known to the victim.

· If the victim was raped more than once, or on more than one occasion by the same accused.

· If the perpetrator was arrested and/or detained.

· The number of cases that went to court and the outcomes.

· Other case outcomes.

Due to the distribution throughout Cambodia of victims and perpetrators and the limited resources, in-depth research into each case was not realistic. It was recognized that qualitative interviews of victims and their families required well-trained interviewers who could apply consistent techniques to interviews if any meaningful results were to be obtained. Without funding it was impossible to train the people needed to undertake such sensitive interviews. In particular, it was decided not to pursue questions of psychological problems, health problems or STD transmission because of the further anxiety these types of questions may cause, and the lack of resources to help people who may have problems. As many people do not understand STD transmission, it was agreed that to bring up this topic without being able to provide free tests and medical treatment and/or psychological counseling might cause further problems for victims.

Instead, the focus of the interviews was on gaining quantitative data as to the biographical background of victims and offenders, case outcomes and whether medical treatment or advice was sought after the rape or indecent assault took place or became apparent to the victims’ families.

As well as the 15-month time period, further information about the extent of sexual abuse cases dealt with by LICADHO is included in Annex 2 and 3. Annex 2 includes statistics on child rape, including over the period July 1999-September 2000. This annex is intended to follow on from a report on child rape prepared by LICADHO’s Children’s Rights Department in October 1999. Annex 3 presents tables of sexual abuse statistics from cases reported to LICADHO from April 1, 2000 until November 31, 2000, the period immediately following the 15-month period which forms the basis of this report. December 2000 statistics had not been processed into the database and therefore were unavailable at time of writing. The April-November 2000 tables do not include outcomes of cases or other follow-up data, as this was not available at time of writing, due mostly to the time lag between when a case is first investigated until there is a resolution.

This report also includes information from the author’s interviews with staff from organizations that support victims and/or provide legal assistance to people accused of sex offences. Some of these NGOs also provide health care, protection, training and/or rehabilitation and reintegration programs. While resources and time limited the number of people interviewed, the comments obtained go a long way in helping to identify problems associated with the way rape and indecent assault cases are dealt with in Cambodia. Since this qualitative data represents the opinions of the people interviewed, the views expressed in this report are not necessarily the views of the author or LICADHO.

With regard to the statistical data in this report, it should be noted that the cases referred to do not represent a cross section of rape occurring in Cambodian society. The analysis is limited to the cases LICADHO has investigated and classified as rape or indecent assault. Because LICADHO deals with mostly child rape cases, few adult women victims are represented in the data. Because only a few rape cases involving foreigners and boys had been investigated in the time period analyzed, this report does not focus on those issues. Further, forced prostitution, sexual trafficking and marital rape and other domestic sexual abuse are not included in this report.

The report’s focus on child rape does not in any way portray an attitude that rapes against other sections of society are in any way less deserving of advocacy, rather that the analysis is limited to the data available. In spite of the narrow focus of this report, the problems identified are common for all victims of rape and indecent assault. However, it is acknowledged there may be different problems associated with categories of victims not specifically covered in this report.

Throughout this report, the term sexual abuse is used to mean both rape and indecent assault, the word victim is used for people who have suffered sexual abuse, and the word accused is used to refer to the person who allegedly committed the sexual abuse.

What Is Rape?

While the legal definition of rape in Cambodia is a “sexual act involving penetration against a non-consenting person”, rape is much more than this. This legal definition gives no indication of what sexual abuse really is, or its effect on the victim. The wording focuses on a sexual act, and since sex is associated with pleasure, rape is often treated in Cambodia as a crime of passion committed by men who cannot control their natural desires. Rape is not about sex, it is about violence.

A handbook, Working with Rape Survivors, provided by the Women’s Crisis Center Network (which has members in many Asian and Pacific countries) defines rape and explores common myths about sexual offending. The handbook states:

“Rape with or without use of a weapon and other forms of physical assault is a brutal and atrocious act of violence against another person’s body, senses and emotions. It is primarily an expression of violence, anger and power meant to hurt, control and humiliate the victim. Rape is not sex. It is violence…the primary motive for rape is to discharge feelings of anger, contempt, vulnerability or inadequacy… This is the most powerful myth about rape. It leads to the belief that rape does not hurt the survivor any more than sex does, that women even enjoy rape and ask for it. In fact rape is closer to torture than sex.”

The following are other commonly-believed myths about rape which are discussed in the same publication:

Myth: Men are unable to control their sexual desires, so rape is a spontaneous assault.

Rapists are often mistakenly seen as lustful men who are sexually starved, but studies in the United States and England show that many offenders are married or involved in consenting relationships with other women, and that most rapes are premeditated or partly planned, with around 15% being spontaneous. Given the large number of prostitutes in Cambodia, the low price for their services (especially in rural areas), the high percentage of Cambodian men who use them, and societal acceptance of men’s use of prostitutes, there are ample opportunities for men to have sex without raping.

Myth: Women provoke rape.

Because of the mistaken belief that rapists are motivated by lust, victims are often blamed for enticing their rapist, by suggestive dress, provocative behavior, being alone at night, etc. However, victims of rape range from young to very old and come from all walks of life. No woman’s behavior gives a man the right or excuse to rape her. This myth takes the responsibility for the attack away from the rapist and places it the victim. It is an excuse used by rapists to rationalize their violent criminal behavior, and has no validity.

Myth: Most rapists are strangers to their victims.

People known to the victim in some capacity commit the majority of rapes. A study in the Philippines found that 91% of rapes were committed by casual acquaintances, relatives, other household members, boyfriends or friends, neighbors or doctors. A stranger committed only 9%. Of the rapes investigated by LICADHO, 68.5% were committed by someone known to the victim and 6.5% of cases had no recorded information on this issue. The remaining 25% were committed by either complete strangers, or very casual acquaintances. It was not always possible from the information provided to ascertain precisely the relationships between victims and accused in all cases. 5.6% of rapes were committed by family members.

Myth: Women falsely accuse men of rape.

Rape is one of the most under-reported of all major crimes because of the shame and stigma associated with it, and the difficultly of prosecuting offenders. Studies done in the USA indicate that only 2% of reported rapes are false claims, which is no more than for other crimes.

Because of views on sexuality and virgin brides in Cambodia, an allegation of rape from a former girlfriend or acquaintance is often not taken seriously. One judge believed that as many as 85% of allegations were false. The cultural shame and stigma associated with rape in Cambodia, combined with the way victims are treated by authorities, and fear and mistrust of the legal system, makes it unlikely that many women would make false allegations. Many judges believe that lack of physical injuries is evidence of consent by the victim, therefore she made a false complaint. For more discussion on this issue, see the section “Evidence” below.

Cultural Perspective Of Sexual Abuse

Sexual violence against women and children is a complex issue, and there is no one reason why people commit this type of abuse. Recent worldwide research on violence against women has increasingly focused on the inter-relatedness of various social and cultural factors to help improve understanding of the problem within different cultural contexts. The common ground to this research is that the factors that make women vulnerable to violence are manifestations of historically unequal power relations between men and women. Factors which contribute to unequal power relations include: “socio-economic forces, the family institution where power relations are enforced, fear of and control over female sexuality, belief in the inherent superiority of males, legislation and cultural sanctions that have traditionally denied women and children an independent legal and social status”.

Cambodian Social Attitudes

Sexual offending in Cambodia should be viewed in the context of Cambodian social attitudes towards women and sexuality. Men are perceived to have more value in Cambodian society than women. There is a common saying in Cambodia, “men are gold, women are cloth”. This saying expresses the double standard in many societies that a man can have many sexual encounters and is not tarnished, as gold still shines when cleaned. But once a woman loses her virginity, like white cloth that is dirtied, she can never been clean again. Thus, pre-marital sex for men is accepted in Cambodian society, but the opposite is true for women who are expected to remain virgins until marriage, otherwise they are deemed unfit for marriage, even if they have been raped.

The fulfillment of the Khmer moral code of conduct with respect to women reinforces gender inequality. Under this code of conduct, women should defer to their husbands. If he is angry, she is not to talk back. If he beats her, she should not defend herself. Both men and women perpetuate gender inequality by demanding and accepting the women’s role to cook good food, clean the home, speak sweetly and obey their husbands to avoid being beaten.

Some women tend to accept (or have no choice but to accept) the fact that their husbands visit brothels and have girlfriends. Because of the spread of HIV/AIDS, some women may even help their husbands obtain young girls for sex.

It has been argued that in Theravada Buddhism, the dominant religion in Cambodia, women are placed lower than men in that only men can become Buddhist monks and have a chance to be released from the cycle of rebirth.

The highly prized commodity of virginity in Cambodia shapes attitudes to sexual violence on many levels. The shame associated with loss of virginity often becomes the focal point of rape. Victims may take several months to tell anyone and the victim’s parents may not want to go to authorities because of potential damage to the family’s reputation. This attitude also gives insights into why parents would agree or encourage their daughter to marry a man that raped her. Alternatively, some parents even encourage their daughters into prostitution because of the money that can be made, especially if they are no longer virgins.

My mother said that I am spoiled already, so I should continue to do that [sex] work in order to get money to buy a house.

The value placed upon virginity shifts the focus in a rape case from the perpetrator and his unlawful violent act, to the victim and the “problem” of the loss of her virtue. This attitude may also influence the remedies families seek, as monetary compensation for the loss of their daughter’s value may be more important to pursue (and/or easier to achieve) than any punitive action against the accused.

At home, friends, neighbors and even family reflect these social attitudes in the way victims are treated. The victim’s family sees her as less valuable. Many victims stated to LICADHO investigators that they were teased by fellow village members and looked down upon because they had been raped. Victims often blame themselves, or are blamed by their family for allowing the rape to occur.

K blames herself for this event [being raped by her stepfather after he drugged her], because she thinks she was not careful while she slept and should not have been in such a deep sleep. She feels that she lost her spirit, that her soul was taken away when she heard her stepfather say he would rape her. She hates him.

It bothers her that he is still married to her stepmother. K feels that if she had stayed at home she would have been raped again. She felt that because she had been raped, no one would want to marry her. She had tremendous shame and felt her future had been taken away.

K’s stepmother also regarded the rape as her fault, “because she did not keep herself safe”. How the decision was made is unclear, but K agreed to let her stepmother sell her to a brothel.

Social scorn and family shame resulting from loss of virginity when raped are powerful factors that result in some girls and women feeling the only profession they are now fit for is prostitution. The overwhelming sense of shame felt by victims reflects an internalization of very negative societal attitudes.

A startling belief among some Asian men, which is not necessarily culturally-based but appears to be gaining momentum, is that having sex with young virgin girls will increase their sexual virility and “make them look younger and feel more energetic”. The demand for young virgin girls in Cambodia to satisfy mostly regional Asian male customers, but also a growing number of westerners, has been well documented in both the media and reports on prostitution and sexual trafficking. The price for a young virgin girl can be as high as $800 for a week; the price then decreases in a sliding scale depending on how many previous customers there have been. Often girls are forced to undergo medical procedures to “restore” their virginity because of the high price men will pay for a virgin.

Because of the spread of HIV/AIDS in Cambodia, many believe that men are seeking out younger and younger girls to have sex with, as they believe that they will not have this virus. However, sex with a child has a greater risk of transmitting HIV/AIDS and other STDs due to the fragility of the mucus membranes of a young girl’s vagina and a young boy’s anus.

The myth that sex with a young virgin girl is good for health and fears about HIV infection, together with the prohibitive cost for most men for a virgin, and the growing sense of impunity in society, certainly appear to be valid explanations as to why so many young, sexually immature Cambodian girls are raped.

Breakdown in the rule of law and rise of impunity

The extent to which the incidence of rape in Cambodian society can be said to be increasing is, however, far from certain. While many believe that there has been a significant increase in rape in Cambodia over the last few years because the number of case reported has increased, this may be an over-simplification. As there are no reliable statistics for incidences of rape and indecent assault, there is no statistical basis on which to claim an increase of these crimes in recent years.

It is, however, generally acknowledged through many reports and studies that sexual exploitation (prostitution and trafficking) of women and children in Cambodia has been on the rise since the early 1990s. All human rights workers interviewed expressed the view that there was a similar increase in the incidence of rape in the community, and many pointed to a breakdown in social values and morals and an epidemic of cruelty as one reason. Regardless of whether or not rape is on the rise, it appears clear that there are very many rapes occurring in the community and this has to be addressed.

Cambodia’s recent history has left a legacy of fragmented families, social disruption and an extremely weak civil infrastructure. Couple this with the severe poverty of many of the population and the traumas suffered during the 25-year civil war, the community spirit and traditional values of Cambodian society have taken a severe beating. This breakdown in social and civil infrastructure has many spin-off problems. A culture of impunity has developed in Cambodia, and the lack of accountability by state authorities for human rights violations has had the effect that people throughout the spectrum of society believe they are above the law.

The Director of the Women’s Department of ADHOC, a human rights organization, cited impunity as one of the main reasons for what she believed was an increase in rape. The Director cited as an example a case involving a commune chief who raped several married women in the village. As the villagers felt he was above the law because of his position of authority, he was not prosecuted so there was no deterrent to stop him continuing his criminal offending. The husbands felt shame so divorced their wives who had been raped, thus the victims were punished for the crime instead of the rapist.

Many of the cases investigated by LICADHO indicate that many rapists believe they are above the law, and their only punishment if caught will be to pay some compensation in

the form of money. This sense of impunity is increased when the perpetrators are police, military or government employees, people in positions of power in their community or people with large sums of money and/or connections.

Judicial Attitudes

Rape is perpetuated by society’s unjust attitudes towards women, who have been traditionally viewed as subordinate members of society and as sexual objects. Men however, are seen as superior and having uncontrollable sexual desires. It appears likely that these social attitudes influence the decisions of the male-dominated judiciary in Cambodia, when dealing with sexual offending cases. While there is no published literature on how cultural attitudes towards women and sexuality in Cambodia may affect the way judges perceive and deal with rape cases, a law student from the University of Michigan Law School recently undertook qualitative research on Cambodian judicial attitudes toward rape and sex trafficking of minors. The researcher, Christina Brandt, has given approval for the following paraphrasing of some of her unpublished draft, which gives some insights into judge’s attitudes.

Most judges delineated between two types of rape, using words that loosely translated to “serious”, “violent” or “inhuman” rapes, compared to “simple”, “traditional” or “common” rapes. “Serious” rape was defined as including a young victim, multiple perpetrators, choking, hurting the victim until she is unable to put up any resistance or a loss of consciousness, as opposed to one in which the victim does not manifest any obvious physical injuries [“simple” rape]. An “inhuman” rape was described as: involving a young victim or a rape committed in conjunction with another crime, such as theft against the victim; one involving beating with fists or sticks, or tearing of clothes; one involving multiple perpetrators, “gangsters”, or perpetrators “acting like animals”. The most serious form of rape is where the victim is killed afterward. A “simple” rape is one that might include no beating, “mere slapping”, placing the hand over the victim’s mouth to keep her quiet, and/or a single perpetrator.

Two judges struggled with cases in which the victims may have had what seemed to the judge to be an unacceptably free or intimate relationship with the accused. In these cases the judges seemed to be wary of jilted-false-accusation suits, but were convinced by the physical evidence (or the very young age of the victim) that the sex was not consensual. What ties these cases together is the impatience judges expressed with the poor judgment of the victim in choosing to spend too much time with the accused, or to spend time alone with the accused. In one case a 13-year-old girl had agreed to a long drive with the accused to a farm where he claimed to need help in gathering herbs for his pregnant wife, and she was raped at the farm. The judge felt that the victim should have known better than to go anywhere with the husband of pregnant women since he was likely to be “sex-starved”; the victim should have known better than to go to a secluded place with a man, since he was unlikely to let such an opportunity to have unpunished illicit sex go by, and the young girl should have heeded a Khmer proverb which states that “men can’t control their feelings”.

The attitudes expressed here were not that the victims had brought the rapes on themselves by not guarding their virtue more carefully, rather that the events of the cases seemed to exemplify an unfortunate string of facts well-known to the judges and presumably to all Cambodians, that men really like to have sex, that some men will disregard the lack of the consent of the victim to have sex if they think they can get away with it, that there are some men who will take this opportunity whenever it presents itself, and that there is a smaller number of men who will actually try to create such opportunities. This analysis of male Khmer sexuality seems to underlie the “simple”, “traditional” or “common” rape scenario.

Sexual Abuse Laws In Cambodia

For a more in-depth analysis of sexual abuse legislation, see Annex 1 of this report. The following is a summary of the discussion contained in that annex.

1. Source of Sexual Abuse Laws

The Criminal Code

The main source of rape and sexual abuse law applicable in Cambodia is the Provisions Relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia During the Transitional Period (“the Criminal Code”).

The Criminal Code classifies rape as a crime and indecent assault as a misdemeanor. The importance of this distinction becomes apparent in respect to punishment and sentencing. The statue of limitations for a crime is 10 years, for a misdemeanor 3 years. The Criminal Code states:

Article 33: Rape

1. Anyone who rapes or attempts to rape another person of either sex is guilty of rape and shall be liable to imprisonment for a term of five to ten years.

2. Rape is any sexual act involving penetration against a non-consenting person. If rape is accompanied by fraud, violence or threats, or if it is committed by anyone in a position of authority over the victim, the punishment shall be a term of imprisonment of ten to fifteen years.

Article 42: Indecent Assault

1. Anyone who sexually offends another, unconsenting, person of either sex by touching, caressing, or any other sexual act not involving penetration, is guilty of the misdemeanor of indecent assault and shall be liable to a term of imprisonment of one to three years.

2. If the indecent assault is accompanied by fraud, violence or threat, or if it is committed by any person with authority over the victim, or if the victim is under 16 years of age, the duration of these sentences shall be doubled.

3. Any person who procures, entices or leads away, for purposes of prostitution, or exploits the prostitution of a minor, even with the consent of that minor, shall be liable to a term of imprisonment of two to six years.

Other Possible Sources of Law

The Royal Government of Cambodia ratified the UN Convention of the Rights of the Child (CRC) in October 1992, and incorporated it into the Constitution of the Kingdom of Cambodia. By ratifying the CRC, the government has agreed to be bound by it, that is, they agreed to ensure that children enjoy the rights described in the treaty. This requires the development of a national legal framework in which to implement the treaty standards, usually by incorporating the principles into domestic law.

Whether or not the CRC can be invoked to protect the rights under it in a Cambodian court is unclear, as the exact legal implications of incorporating the CRC into the Constitution have not been determined. Some have argued that the CRC can be treated as domestic law enforceable in the Cambodians courts, but in reality the CRC has not been used to protect children from sexual abuse. It is of concern that eight years after ratifying the CRC, no practical advances have resulted with respect to adopting its principles into Cambodian domestic law so it can be used effectively to protect children.

The 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which Cambodia acceded to in 1992, also contains provisions relevant to sexual abuse of women, but the same problem arises as to its practical effect and use in Cambodian courts.

The Cambodian Constitution contains a number of articles that could be used to protect women and children against sexual abuse, but it is uncertain how judges would respond to legal argument based on the Constitution. It is hoped that legal proceedings under the Constitution will become more common if the rule of law in Cambodia strengthens and matures.

Khmer customs and traditional expectations of behavior are also sources of law that can be used to suggest appropriate resolution when statute law is silent. Because the Criminal Code covers rape and indecent assault, this takes precedence over customs and traditions as a source of law. However, customs and traditions still impact greatly when it comes to interpretation and implementation of the criminal code, as previously discussed above under the heading “Cultural Perspectives and Sexual Abuse”.

2. Problems With The Current Law

There are some anomalies and shortcomings in the law that, together with incorrect sentencing practices, leave society inadequately protected against sexual crimes.

Minors and the Law

Nowhere in the Criminal Code is the word ‘minor’ defined. Under the CRC, anyone under the age of 18 is a minor. While the age of consent to sexual intercourse is not defined in Cambodian law, there are several other Cambodian laws that support the age of majority to be 18. Labor law confuses the matter by providing three different ages of majority (12, 15, 18) depending on the labor situation.

The matter is further confused by section 2 of article 42 of the Criminal Code that provides double the penalty for anyone who sexually assaults a person under the age of 16, and a human trafficking law provides another age benchmark by doubling the penalties for trafficking victims under the age of 15.

Article 33 of the Criminal Code does not specifically recognize statutory rape (consensual sex with a minor under a specified age). Many countries recognize that children below a certain age (usually 15 or 16) are unable to make a mature and informed decision about sexual activity, and make it illegal for anyone to engage in sexual activity with them, even if the children go along with it. Because there is no protection for the young and vulnerable, some young teenage girls become mistresses to rich and powerful men. Children are forced into prostitution and their services openly sold, often to regional businessmen, foreign sex tourists and government officials. Cambodia is unlikely to have a law stating the legal age for sex while government officials and rich and influential men in Cambodia continue to have sex with young girls and virgins.

While article 42 of the Criminal Code provides for longer penalties for offenders who are found guilty of indecent assault against someone less than 16 years of age, this does not apply to the rape article, which specifically excludes indecent assault (sexual activity which does not involve penetration). This is a glaring inconsistency, as rape is a more serious violation than indecent assault.

Only section 3 of article 42 mentions consent. It imposes double the penalty of indecent assault on the person found guilty of procuring, enticing or leading away for the purposes of prostitution, or who exploits the prostitution of a minor with or without consent. This section has been interpreted and used against the trafficking of minors in the past, until the National Assembly passed the Law on the Suppression of the Kidnapping and Trafficking/Sale of Human Persons and Exploitation of Human Persons in January 1996 (“the trafficking law”). While it is arguable that the trafficking law has repealed section 3 of article 42, this section is still used in respect of sexual offending by the Cambodian. This results in several problems, which are discussed at length in Annex 1 of this report.

Article 8 of the trafficking law, which states that regardless of consent, acts of “anacha” with a person under the age of 15 are punishable by 10 - 20 years in prison, is more akin to a statutory rape law. However, using article 8 for that purpose is not legally sound. The word “anacha” has been translated in the English version of the law as “debauchery”, but it is not defined in any Cambodian law. Its meaning in Khmer is too broad to have a precise legal definition.

Executive Summary	...............................	i
Foreword by Mu Sochua, Minister of Women’s & Veterans’ Affairs	...............................	1
Preface	...............................	3
List of Acronyms	...............................	4
Methodology	...............................	5
What is Rape?	...............................	8
Cultural Perspectives of Sexual Abuse	...............................	10
Sexual Abuse Laws In Cambodia	...............................	16
Findings of LICADHO Case Investigations	...............................	21
Settlement by Compensation	...............................	29
Rape and Murder	...............................	37
Gang Rape	...............................	38
Rape by Minors	...............................	41
Accomplices	...............................	45
Rape Cases Settled by Marriage	...............................	47
Sentencing	...............................	48
Impunity	...............................	51
Evidence	...............................	52
The Process from Allegation to Trial	...............................	56
Effects of Sexual Abuse on Victims	...............................	61
Facilities Available to Help Victims	...............................	62
Initiatives to Address the Problem of Sexual Abuse	...............................	65
Recommendations	...............................	68
Annexe 1 : Sexual Abuse Laws in Cambodia (Expanded)	...............................	74
Annexe 2 : Child Rape Statistics	...............................	84
Annexe 3 : Additional Rape and Indecent Assault Statistics	...............................	86
Annexe 4 : Measures to Immplement RGC’s 5-Year Plan to Combat Trafficking	...............................	89
Annexe 5 Summary of Sexual Abuse Case Investigations	...............................	90

Province	Jan -	April -	July -	Oct -	Jan -	Total
	Mar-99	Jun-99	Sep-99	Dec-99	Mar-00	Cases
Phnom Penh	2	1	1	1	4	9
Kandal	3	4	5	6	9	27
Bantey Meanchey	0	2