Amendment to Sexual Offences Act to include requirement of forensic rape exam

The People’s Majlis has begun work on the two amendment bills to the Sexual Offences Act, which includes the requirement of a forensic rape exam.

The first readings of the two government endorsed bills were held at Monday’s parliament sitting; the amendments were proposed by Thulhaadhoo constituency MP Hisaan Hussain and South-Galolhu constituency MP Meekail Naseem.

The amendment by MP Hisaan proposes to add a clause to Article 50 of the act, which requires authorities to conduct sexual assault forensic exams on victims.

It further calls for the provision of rape evidence kits to all hospitals and health centres across the country, adding that the government must facilitate the provision of the kits within six months after the ratification of the amendment. The bill states that these exams must be provided ‘free of charge’.

The Thulhaadhoo constituency MP’s proposed amendment bill also states that there must be a doctor or nurse experienced in conducting forensic rape exams, in every state-run health institutions in the country. Further, Maldives Police Service is to establish regulations on how to safely preserve evidence, within 30 days after the amendment comes into effect.

The amendment bill proposed by MP Meekail seeks to remove clauses “(c), (d) and (e)” of Article 53, which downplays the traumatic experience of victims.

While clause (c) states that the court may find the victim's testimony to be false, or that there is a possibility of falsehood, based on their character or discipline while (d) notes that the court can decide, after reviewing both parties' accounts, that the incident is likely to not have taken place. Clause (e) states that the court may consider the relationship between the parties, and interactions that have taken place between them prior to the accusation, and determine that it is therefore unlikely that the offence would have taken place.

The amendments to the Sexual Offences Act comes following a rapid increase in reported cases, as well as public outrage over the alleged misconduct by authorities in the recently reported sexual assault case on a safari boat where the suspects were released shortly after arrest. This also prompted protests against rape and impunity, in the capital.