Engendering Violence in the Papua New Guinea Courts: Sentencing in Rape Trials

Abstract

Rape is endemic in Papua New Guinea, and the courts in Papua New Guinea have not been effective at decreasing its incidence.This may be in part because the very courts that are supposed to be a bulwark against the culture of engendered violence are themselves part of it.Some judges today are beginning to adopt a more empathetic view towards the women who are victims of sexual attacks, but most judges in Papua New Guinea, both expatriate and indigenous, from the colonial period onward, have found it impossible to take women's pain (especially emotional pain) seriously, and therefore have not taken rape seriously.Many judges view it as prurient, but not violent.Many of them continue to believe, despite evidence to the contrary, that most women who are raped probably 'asked for it'.As a result, although new sentencing guidelines introduced by Parliament allow for much longer gaol sentences for rape than were possible in the past too many judges find ways to give shorter sentences than the guidelines would permit.

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