By Nyema Nma, Jr.
This paper has reliably learnt that the Police Inspector General, Patrick Sudue, has asked the Independent National Commission on Human Rights (INCHR) to rescue itself from the matter allegedly involving its officers.
The INCHR boss, Dempster Brown, has killed said IG’s proposal upon arrival as the Commission has been resolute in calling on the police to prosecute senior officer Joshua During on the allegation of rape against a female police officer.
Many Liberians including female rights defenders are wondering if the female officer will ever access justice when the police is reneging to prosecute one of its own even though the crime was allegedly committed against one of its own.
Globally, rape is defined as any sexual assault involving sexual intercourse or other forms of sexual penetration carried out against a person without the person’s consent.
The object of Liberia’s new Rape Law is to broaden the definition of rape and include other sexual offences that were not in its initial rape law. It provides civil penalty for rape that makes certain types of rape difficult to be bailed because in the old, only men could rape while the new law states that women can also rape therefore both genders can be raped.
Many persons including minors are being arrested at the Liberia National Police and prosecuted for rape while inmates serving sentences and those sentenced for the act top the number of criminals at the various prisons across the country.
On February 10, 2022, a female police officer complained to the Independent National Commission on Human Rights that she was allegedly places at a gun point and raped by senior officer During who was her boss on November 25, 2021 at about 4:45 pm in his office on the premises of the LNP.
The victim said she filed a formal complaint with the Liberia National Professional Standards Department in November 2021 but the PSD said it is still awaiting the review aspect of the case as to whether or not the allegation of rape, as levied by the female junior officer, has sufficient magnitude to warrant a formal charge of rape against the senior male officer.
According to the Police, Section 22.91(d) of the 2015 Act Establishing the Liberia National Police provides that “The PSD shall conduct all disciplinary proceedings against all LNP officers below the rank of Deputy Inspector General of Police.”
The INCHR and Civil Society Organizations have called on the police to turn over the accused officer to the court for prosecution, but three months has elapsed yet, the senior officer has not been formally charged by the police or sent to any court to be tried.
According to a press statement in February, the INCHR noted that “That the authority granted to the Professional Standards Board to preliminarily investigate grievous allegations such as rape, as well as the submission of the Board’s recommendations to the Inspector General of Police for review, decisions, and actions undermines and impugns legal standards set and national gains made in the fight against rape in Liberia.”
In September 2021, President George Manneh Weah declared rape a national emergency in Liberia and that before the declaration, accountability for rape had to be legislated within very high standards under the laws of Liberia.
Section 25.3(a) of the Act Establishing Criminal Court E (Sexual Offense Court) provides limited jurisdiction for the Magisterial Courts in rape cases to make charge against an offense and to issue an arrest warrant for persons charge, not preliminary examination.
Marriam Doe, a resident of Caldwell expressed concerns about many other female officers who are being abused by their senior police officers in similar manner but are afraid to report it for being further abused by the system.
“It is already speculated that the female officer and her alleged attacker were involved into a sexual relationship, something she vehemently denied but this is just a tip of the ice burg, For fear of being further discriminated against and traumatized, many of the women just keep quiet and live with the abuse and their abusers,” Marriam stated.
For his part, Mr. Francis Johnson of New Kru Town observed that the delay in prosecuting officer During exposes the weakness of the justice system in ensuring that officers adhere to the basic principles which include ethics, integrity and professionalism, which are hallmarks of an officer.
Citizens posit that the police, which is in the forefront of prosecuting alleged rapists do the right thing and ensure the case involving the two officers is brought to a logical conclusion regardless of ranks as nobody is and should be above the laws.
