In every city, town and village in Cambodia, women and girls are subjected to rape and sexual abuse with little chance of obtaining justice, and with few rehabilitation services to help them recover. Instead, victims are often blamed, mocked or rejected by their families and communities and must endure the pain, shame and anger on their own while the perpetrators go unpunished.
“Sadly, March 8th, International Women’s Day, is like any other day in Cambodia - a day when countless Cambodian women and girls will be raped and sexually abused,” says Kek Galabru, President of LICADHO. “Their lives will be destroyed, while many of their abusers will live freely without punishment.”

To highlight the seriousness of rape in Cambodia, LICADHO presents on International Women’s Day, a briefing report on rape and indecent assault cases which will be followed by a more comprehensive report on the subject targeted at the judiciary to be printed June 1, 2004. Furthermore, on March 8th, LICADHO will organize a roundtable including a municipal court judge, municipal court prosecutor, Phnom Penh police officer, NGO lawyer and NGO worker who will debate the subject on 102 FM, 105 FM, Radio Free Asia and Voice of America.

From January 1st to December 31st 2002, LICADHO investigated 179 complaints of rape and indecent assault. Of those, 58 were brought to trial, often more than one year after the crime, resulting in 56 convictions and 2 acquittals. From January 1st to December 31st 2003, LICADHO investigated 177 complaints; 5 were brought to trial resulting in 4 convictions and one acquittal. At least 221 rapes were reported in Cambodian newspapers in 2002, and 266 in 2003 although not all of the reported cases in the newspapers could be verified or investigated but most appear to be the same cases received and investigated by NGOs.

Rape and indecent assault disproportionately affects young women and girls. In 2002, the average age of reported victims was 13. In 2003, 77.8% of the victims were less than 18 years old; 41.1% of them were 12 years old or younger while 8.7% were five or younger.

LICADHO welcomes the prosecution and conviction of rape cases but has serious concerns about the treatment of such cases at various levels of the justice system, especially the interpretation of relevant laws by the judiciary and the unlawful, yet common, practice of brokering financial settlements that deny victims their right to full legal remedies. Such settlements allow perpetrators to avoid punishment and in some cases, perpetrators then commit other rapes.

“The practice of coercing victims and their families to accept compensation from perpetrators does nothing to discourage perpetrators from committing rape but sends a message that rape is not a crime that is taken seriously by the judiciary and other law enforcement officials. It is crucial that perpetrators must believe that they cannot escape criminal prosecution,” says Ly Sunlina, LICADHO’s Women’s Rights coordinator.

It is of particular concern that reported cases probably only represent a fraction of rapes actually perpetrated in Cambodia. Documented factors discourage victims from reporting rapes and taking legal action. Victims typically pay the prohibitive cost of pursuing a prosecution, such as evidence gathering and their medical report. Many women and girls suffer from feelings of helplessness, misplaced blame, and misconceptions about the legal definition of rape and beliefs about myths on virginity.

Victims’ sense of helplessness is particularly acute when the perpetrator is in a position of authority. Many citizens are sceptical that serious consideration of their case will be given when the perpetrator is in a position of authority such as police, military, civil servant, or is simply a wealthy or powerful person.

“Rape is a crime under Cambodian law,” Kek Galabru points out. “Victims have the right to access the justice system and the right to redress, as guaranteed under national and international laws and settlements in criminal cases are prohibited under Cambodian law.”

In commemoration of International Women’s Day, LICADHO appeals to all judges and other law enforcement officials to effectively investigate and prosecute cases of rape and indecent assault, irrespective of the identities and characteristics of the accused or the victim, in order to play an important role in the prevention of rape and sexual indecency and to ensure the better protection of women and children in Cambodia.

For more information, please contact:
▪ Dr. Kek Galabru, President of LICADHO at 012 940 645
▪ Ms. Ly Sunlina, Women’s Rights Coordinator of LICADHO at 012 947 289

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