SOME RAPE SURVIVORS DROP CHARGES FOR CASH

MBABANE – Some rape survivors are reportedly opting to drop charges against perpetrators in exchange for cash.

This is happening in a country where it was recently reported that rape cases are on the increase. This trend has caused concern among some law enforcement officials, as they argue that it promotes gender-based violence (GBV). For instance, during a recent workshop on GBV, a police officer revealed that there had been instances where some women who initially reported rape later withdrew their complaints after receiving financial compensation from alleged perpetrators. Investigations by Eswatini News have established that the police officer was telling the truth.

Concern

The officer stated that the tendency to drop rape charges in exchange for money had become a significant cause for concern. It must be noted that the GBV workshop, where this issue was first raised was organised by the Prison Fellowship, in collaboration with the police as well as the Eswatini Association for Crime Prevention and the Rehabilitation of Offenders (ESACRO).

This alarming practice not only complicates police investigations, but also undermines efforts to ensure justice for survivors of sexual violence.
The officer who spoke at the workshop described how survivors sometimes approach law enforcement to report rape, only to later state that they had accepted money from the alleged perpetrators and would no longer be pursuing charges against them.

Survivors

Pitifully, one source disclosed that survivors accept cash amounts starting from E1 000 and above. The officer noted that even if such a case were to be pursued, it could be challenging, particularly when one had accepted payment. She also stated that if the person who initially reported the rape no longer wished to proceed with the charges, they might not be brought before a court of law, as prosecutors place great importance on substantial evidence.

As previously stated, in response to these concerns, Eswatini News conducted an investigation to obtain first-hand accounts of past cases, where financial settlements were made in exchange for the withdrawal of charges. This publication gathered that these incidents are common in Mbabane, Manzini and Buhleni.

In one such case, to which Eswatini News is privy, a woman is said to have engaged in a sexual encounter with a man, reportedly from South Africa (SA). It is alleged that their encounter occurred after they had attended a large event. However, after engaging in sexual intercourse, the woman allegedly asked the man to pay her for toiletries, or rather, soap. The man reportedly refused, arguing that he had already spent a significant amount of money on her, believing that she was his girlfriend.

Demanding

He complained that she was demanding too much money. This publication gathered that the matter was reported to a police officer, who then engaged with the South African national. Fearing that he could be detained and unable to return to his home country on time, the man is said to have agreed to pay E1 000. Furthermore, the police officer allegedly told the man to pay because he had promised the woman money before engaging in sex with her.

Another incident investigated by Eswatini News is said to have occurred in Buhleni around April 2024. According to the information obtained, a woman had reportedly been drinking alcoholic beverages with some men. One of the men showed interest in her and they agreed to go elsewhere to have sexual intercourse.

However, the woman is said to have blacked out, and when she regained consciousness, she found a man on top of her - raping her. She was shocked to discover that the man raping her was not the one she had agreed to be with, but his friend. She later found out that, in fact, four men had taken turns sexually assaulting her. The alleged perpetrators are said to have been from an East African country.

The matter was reportedly brought to the police; however, during the same incident, the men were also asked to pay. Fearing that failure to comply would prolong their stay in the country, the men are said to have paid compensation. Meanwhile, Eswatini News also spoke to a man who alleged that he was nearly arrested after taking a woman home from a bar. He admitted that he had promised to pay the woman, but there had been no specific agreement on the amount.

Rejected

However, after sexual intercourse, *Jalopi said he was surprised when the woman rejected the E50 he gave her. “The next thing I knew, I was told that the police were looking for me,” he said. He eventually negotiated with the woman and ended up paying E1 000, which he settled in two instalments.
Another source revealed a disturbing account from certain communities, where adults collude with minors in such cases.

He described how, in one particular locality, an adult would be aware of a rape case but, instead of reporting it to the police, would approach the perpetrator demanding payment in return for silence. He recounted how a certain individual had to flee his area because he was frequently asked to pay hush money for raping a minor, with the threat that he would be reported if he stopped making payments.

Ethical

What is even more troubling is that, in some cases, perpetrators argue that there was a prior financial agreement for sex. This raises ethical and legal dilemmas, as the line between a consensual arrangement and coercion becomes increasingly blurred. Furthermore, the police officer cautioned that men who engage in sexual intercourse based on financial promises must honour their commitments. “If one has promised money to a woman, he should pay instead,” she stated, acknowledging that failure to do so often results in disputes that end up at police stations.

Research by this publication has shown that similar incidents have been documented in different parts of the world. They include -  

•  India: In 2018, a high-profile rape case in India saw a survivor withdraw her complaint after reaching a financial settlement with the accused. According to reports from The Times of India, the survivor’s family was pressured into accepting money to drop the charges, highlighting how financial settlements often undermine justice in rape cases.l     South Africa: In 2019, The Guardian reported that several rape cases in South Africa were withdrawn after financial settlements were allegedly reached between survivors and perpetrators. In many instances, community elders facilitated payments to avoid lengthy court proceedings.
• United States: There have also been instances in the United States where survivors declined to press charges after accepting out-of-court financial settlements. One widely reported case was that of a rape accusation against a high-profile athlete, where the complainant withdrew the charges following a private financial agreement.
• Pakistan: In 2021, Al Jazeera reported that some rape survivors in Pakistan withdrew cases after being offered compensation by the accused or their families. In some regions, informal village councils (jirgahs) were involved in such settlements, raising concerns over justice being denied to survivors.

These cases, it must be said, indicate that the issue of financial settlements replacing legal justice is a global problem, severely impacting efforts to combat sexual violence and hold perpetrators accountable.
*Not real names.

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