Global situation in respect of child defilement

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Exploring the reality of defilement

This chapter is divided into two sections. The first section describes what defilement is in accordance with the understanding of the Zambian context and law. In this section, forms and types of child defilement are also discussed in reference to the available literature.
The second section reflects upon the empirical data of the interviews which were conducted with the mothers affected by child defilement. This includes their different responses and attitudes after disclosure of child defilement by a church leader. Notes were taken as the mothers narrated their experiences. To confirm the accuracy and understanding of these experiences, the researcher reframed what the mothers narrated. An interview guide was utilized, and is attached as appendix ‘A’.

DEFINITION OF DEFILEMENT.

Child sexual abuse is called ‗defilement‘ in the laws of Zambia. To defile is to make dirt, to physically soil, to figuratively tarnish, to morally corrupt, to deprive of chastity (Garner, 1968). As regards the noun defilement, it is defined as an act of defiling, a condition of being defiled (Garner, 1968). It is to damage or make unclean (Fowler H. W. and Fowler F.G., 1995), to take away something (Matakala, 2012). The connotation thereof is that a defiled child is impure, damaged and unclean. The effect of using the term ‘defilement‘ in law is that the child is punished twice: first by being sexually abused and second by being labelled unclean (Matakala, 2012). Thus the physical violation of the child‘s body and human rights is actually kept alive by its name in law. Article 39 of the Convention on the Rights of the Child (CRC) provides that, State parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of …any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment … Such recovery and  reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.
The term ‘defilement‘ and its effect goes against Article 39 of the CRC as it flies in the face of the child‘s psychological recovery and social reintegration in society. In order for Zambia to abide by this obligation and avoid the negative effect described above, Zambia will have to amend her laws and use the term ‘child sexual abuse‘ as opposed to ‘defilement‘.
The researcher is in agreement with Matakala when she says that if the term ‗defilement‘ is removed from the law and replaced with sexual abuse, it is highly likely that the stigmatization that the sexually abused children are currently facing will be reduced, and more cases of child defilement will be reported and therefore filter into the formal system which better protects the rights of the children (Matakala, 2012).
Defilement is a very serious and common offence in Zambia as has been seen from the many reports on child defilement from the media in chapter one of this research study. The law that creates the offence of defilement was first enacted in 1931 in the then Northern Rhodesia when the penal code was enacted for the first time (An act to establish a code of criminal law, November 1931). Since its enactment, the law of defilement in Zambia has undergone several amendments. In 1933, there was an amendment which changed the age limit of defilement from twelve to sixteen. This was effected by amendment No. 26 of 1933 (section 119 (1) of the penal code). Sixteen has remained the age limit to date. Further amendments were effected in 1941 by amendment No. 25 of 1941 which provided for a sufficient defence to a charge of defilement if a person charged believed the girl was of or above the age of sixteen. The penal code as amended by act No. 15 of 2005 imposes severe penalties for defilement and other offences that fall under it, for example, a person who has unlawful carnal knowledge of an underage child is liable upon conviction to a term not less than fifteen years and may be liable to imprisonment for life (section 138 of the penal code as amended).
Defilement is a felony. Felonies are treated as serious offences (Kulusika, 2006). This felony according to section 138 of the penal code as amended provides:

• Any person who unlawfully and carnally knows any child commits a felony and is liable upon conviction to a term of imprisonment of not less than fifteen years and may be liable to imprisonment for life.
• Any person who attempts to have carnal knowledge of any child commits a felony and is liable upon conviction to imprisonment to a term of not less than fifteen years under the age of sixteen years is guilty of a felony and is and not exceeding twenty years.
• Any person who prescribes the defilement of a child as a cure for an ailment commits a felony and is liable, upon conviction to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life
• A child above the age of twelve years who commits an offence under subsection (1) and (2) is liable, to such community service or counselling as the court may determine in the best interest of the child.

Defilement is applicable to both boys and girls under the age of sixteen years. In the repealed section 138 of the penal code, defilement only applied to girls below the age of sixteen, this was the position. A child under the Act means a person below the age of sixteen years. There is no specific sex mentioned, so it cuts across both sexes.
As seen from the above amended law, a victim of defilement is a child below the age of sixteen. These victims are the people who best understand the real effect of defilement. Therefore, we can deduce that defilement has a direct and potentially permanent impact on the victim‘s self-esteem. The impact is even greater when the offender is someone trusted and respected by the victim.
As seen from the law above, a victim of defilement can either be a boy or girl. This means that a male child can indeed be a victim of defilement at the hands of an adult. But it is important to note that the violence is more common against a girl child.
Defilement of a child does not exist in isolation but is usually accompanied by force, which leaves painful cuts on the child‘s private parts. Often defilement involves relatives, married men or professional people in the community. Worse still, some men defile their own daughters. Defilement can lead to infertility, trauma, contraction of HIV and AIDS, terminal illness or even death. Defilement also affects the child‘s future development, unwanted illegitimate children, promiscuity, prostitution, seductive behaviour directed towards members of the opposite sex (Chulu, 2001). Defilement also leads to school dropouts, this means that their lives could be disrupted (especially school life) making the whole idea of women‘s emancipation a fallacy (Chulu, 2001).
As mentioned earlier in chapter one of this research study, the term ‘defilement‘ is not unique to Zambian law, Uganda and Ireland are some of the countries that also have it in their statute books. Defilement under the laws of Uganda is defined as having sexual intercourse with a girl who is below the age of eighteen years. Anybody below 18 years is a child under the law and, therefore, it does not matter whether the girl agreed to have sex or not (http://www.greenstone.org/greenstone).  It  was  felt  that  defilement  had  become  a  very  big problem in  Uganda  and had  continued  to  be one  of those  incessant  forms  of child abuse.
Because of the prevalence of the problem, and in conformity with more modern methods of child care and protection, the Ugandan Parliament amended the law relating to defilement in 1990 (by Statute No. 4 A of 1990) that had the effect of:

• Raising the defilement age from 14 years to 18
• Raising the maximum punishment to death.

Section 129 of the Penal Code (Amendment) Act No. 1 of 2007 states that ―Any person who performs a sexual act with another person who is below the age of eighteen years, commits a felony known as defilement and is, on conviction, liable to life imprisonment‖. In Uganda defilement is a capital offence in cases where the victim has been infected with the HIV/Aids virus or is very young and has been defiled by a relative ─ categorised as aggravated defilement. Those defiling children aged between 14-18 get prison sentences if convicted.
The amendment to the law came against the background of serious concerns for the physiological and emotional health of children who were increasingly falling prey to lustful men especially because of the AIDS pandemic that was spreading like a bush fire in the late eighties. Many men had tended to go to young girls for sex in the belief that the younger the girl, the less the danger of catching AIDS.

Declaration
Acknowledgements
Dedication
Abbreviation 
Summary 
Key Terms 
CHAPTER ONE: INTRODUCTION
1.1 Introduction
1.2 Back ground of the study
1.2.1 Child defilement within the community
1.1.2 Child defilement within the church setting
1.3 Problem statement
1.4 Aims and objectives of the study
1.4 Research Gap
1.5 Significancy of the study
1.7 Gerkin’s shepherding method of pastoral care
1.8 The data collection method
1.9 Introduction of respondents
1.9.1 Respondent one
1.9.2 Respondent two
1.9.3 Respondent three
1.9.4 Respondent four
1.9.5 Respondent five
1.8.6 Respondent six
1.8.7 Respondent seven
1.8.8 Respondent eight
1.10 Definitions of terms and concepts
1.11 Overview of chapters
1.12 Preliminary conclusion
CHAPTER TWO: LITERATURE REVIEW
2.1 Introduction
2.2 Historical overview of child defilement
2.3 Global situation in respect of child defilement
2.4 The Africa situation in respect of child defilement
2.5 The Zambia situation with respect to child defilement
2.6 Child defilement in the church situation
2.7 Causes of child defilement
2.7.1 Sexual perversity
2.7.2 Belief that having sex with minors cures HIV and AIDS
2.7.3 Lack of parental care
2.7.4 Inadequecy in housing
2.7.5 Watching of pornographic videos
2.7.6 Customary marriages
2.7.7 Sex boosters
2.7.8 Psychiatric disorders
2.7.9 Indecent dressing
2.7.10 Lonely lives and opportunistic contact with children
2.7.11 Reduced parental guidance
2.7.12 Quest for wealth
2.8 Causes of child defilement by church leaders
2.9 Effects of child defilement on children
2.9.1 Psychological effects
2.9.1.1 Fear
2.9.1.2 Helplesness/powerless
2.9.1.3 Guilt and shame
2.9.1.4 Responsibility
2.9.1.5 Isolation
2.9.1.6 Betrayal
2.9.1.7 Anger
2.9.1.8 Sadness
2.9.1.9 Flashbacks
2.9.2 Social effects
2.9.3 Spiritual effects
2.10 Preliminary conclusion
CHAPTER THREE: METHODOLOGY
3.1 Introduction
3.2 Epistemology
3.3 Research design
3.4 Qualitative research
3.5 Data collection
3.6 Gerkin’s shepherding method
3.7 Preliminary conclusion
CHAPTER FOUR: EXPLORING DEFILEMENT
4.1 Definition of defilement
4.2 Forms of child defilement
4.3 Types of child defilement
4.4 Data presentation and data analysis
4.5 Preliminary conclusion
CHAPTER FIVE: SHARING STORIES OF MOTHERS AFFECTED BY CHILD DEFILEMENT
5.1 Introduction
5.2 Case studies
5.3 Telling and listening to stories
5.4 Trauma and sexual abuse
5.5 Understanding power
5.6 Misuse of pastoral role
5.7 Preliminary conclusion
CHAPTER SIX: PASTORAL CARE OF MOTHERS AFFECTED BY CHILD DEFILEMENT BY CHURCH LEADERS
6.1 Pastoral care
6.2 Pastoral theology and care
6.3 Biblical perspectives of pastoral care
6.4 Shepherding: the role of the pastor in the congregation
6.5 Three approaches to pastoral care and counselling
6.6 The role of the extended family and church community in counselling mothers affected by child defilement
6.7 Intervention needed from pastoral care by the churches
6.8 Different pastoral care dimensions in dealing with child defilement
6.9 Preliminary conclusion
CHAPTER SEVEN: EVALUATIONS, RECOMMENDATION, CONCLUSION.
7.1 Introduction
7.2 Method of data collection
7.3 Participants
7.4 Brief overview of the study
7.5 Summary of findings
7.6 Limitation of the study
7.7 Suggestions to lessen the possibility of child defilement by church leaders Occurring
7.8 Recommendation for further research
7.9 Conclusion
Appendix A
Appendix B
Appendix C
Bibliography
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