Barriers to rape victims’ access to justice in Timor-Leste

Abstract

Rape victims encounter many barriers to access to justice. This research examines the barriers to rape victims’ access to justice in Timor-Leste. Using the qualitative method with a case study approach from two courts (Dili District Court and Court of Appeal), this thesis intends to understand the practice, role, and procedure through which the courts handle gender-based violence, especially rapes. To reveal the barriers, problems, or concerns in court proceedings when the courts handling rape cases, the researcher asks questions about the legal and institutional barriers to the rape victims’ participation in court proceedings and to what extent the court applies international laws. The researcher conducted interviews with fifteen (15) informants, including court actors such as judges, prosecutors, and lawyers, and the representatives of National Governmental Organization (NGO); this list includes the Superior Council for the Judiciary and the public prosecutor. Due to the global pandemic COVID-19, the interviews are conducted in two methods, such as online platforms and face-to-face interviews. This thesis finds that force-based definition in the current Penal Code is identified as a legal barrier, and non-gender responsiveness is found as an institutional barrier, especially in justice institutions such as courts. The research reveals that gender stereotypes contribute to how justice actors interpret and influence courts’ decisions. The study recommends providing training to court actors such as judges, prosecutors, and lawyers on applying international norms and standards in court with a systematic approach and continuing awareness-raising on gender sensitivity and ending violence against women in society. This thesis will contribute as a reference for further discussion and research on changing the force-based definition to the consent or affirmative-based definition of rape in the Penal Code of Timor-Leste. THESIS IMPLICATION: This research assists in understanding the barriers to rape victims’ access to justice in Timor-Leste. National Governmental Organizations, policymakers, and women’s rights practitioners can use this result of the research to advocate for the Penal Code amendment. The research also serves as a reference for future academic reference.