KATHMANDU, APRIL 19
'Prima Facie' a one-woman play written by Suzie Miller to highlight the flaws in current judicial system that ignores the victim's perspectives during the trial. Artist Pashupati Rai performed the character of the play translated into Nepali by Durga Karki and directed by Akanchha Karki. The play resolves around issues of sexual violence and victim's perspective.
A panel decision followed the play where panelists said that the loopholes in the current laws dealing with rape and sexual violence should be identified and real reforms that take into account the victims' perspectives should be thoroughly reviewed and recommendations should be made to the government to make necessary changes in the existing laws.
Speaking at the panel discussion organised by Forum for Women, Law and Development, Parashwar Dhungana who is Secretary at the Ministry of Law, Justice and Parliamentary Affairs said that victims of sexual violence were often pressured by perpetrators as a result victims often become hostile in the court. Sharing his own experience as a government prosecutor for 12 years, Dhungana said as rape victims are abandoned by their own family members, victims reach a point where they are easily lured by their perpetrators on the promises of some monetary help and the new law should deal with such cases so that victims can get justice and perpetrators cannot escape punishment.
Government attorney Bina Dahal said that although the Supreme Court has ruled in a landmark case that victim of sexual violence herself is the witness and her body a crime scene yet the same precedent was not being invoked in all cases. She said judges especially the higher court judges should also be sensitized on victims' perspective.
Senior Advocate Meera Dhungana said that the law should deal adequately with a situation where a victim might have given consent for physical relations on one occasion in the past but not on the second occasion and in such a situation there should be enough provisions to secure conviction of the perpetrators. She said the attitude that women could also be perpetrators should be removed from the law.
Executive Director of FWLD Advocate Sabine Shreshta said that his organisation was ready to support the Ministry of Law, Justice and Parliamentary Affairs committee that was reviewing the existing anti-sexual violence laws with the objective of making recommendations for change.
Advocate Rojina Shrestha moderated the panel discussion.
