The Lagos State Sexual Domestic Violence Agency, DSVA, has disclosed that it has intensified it’s efforts to curb cases of sexual violence, warning intending perpetrators to shun the act or be ready to face the wrath of the law.
DSVA Executive Secretary, Titilola Viviour-Adeniyi, in this interview with Felix Kuyinu during the weekend, discusses the provisions by the Lagos State Government to victims of the prohibited act, and also ensuring the protection of their rights.
Tell us about the Lagos DSVA
The Lagos State Domestic Sexual Violence Agency is a statutory agency set up by the Lagos State Government to prevent and respond to incidents of sexual and domestic violence. Our mandate is very clear, to reduce the menace of SGBV to the barest minimum and we do this through prevention and response. Response in the sense that when people perpetrate this crime, they should be brought into book because we believe that is one of the greatest deterrent against sexual and domestic violence where perpetrators are held accountable for their actions.
How has the agency been able to carry out these saddled responsibilities?
Viviour-Adeniyi: We are very heavy on prevention. Throughout the years, we have held targeted programs at different sectors of the society, the religious and traditional institutions, the justice and health sectors, law enforcement agencies, in the communities, we have been with the landlords and other stakeholders, to mention a few, because we believe that this issue is not a respecter of age, class or societal status; anybody can be a victim of sexual violence and so it is important to reach this people. What we do in the case of the children is that we sensitize them through education. We have come up with various booklets that summarizes key issues of the SGBV such as equality, equity, consent, some of Safeguarding The Live of the Children booklet, which he distributed over 20,000 to school students, We also gave out the Passport of Rights booklets, that basically summarizes the rights of the children, all these and any more have been done because we want our children to be really sensitized and straightened because we know if they are groomed well, they know what to do, who they talk to and know how to get help so that they can run from this abuse and also get help even when abused. We have also, through the partnership of the Ministry of Education, the tutor generals and permanent secretaries of the state’s education districts , created the Kings and Queen’s Club initiative, where we developed a curriculum on the boys and girls for the club. Over the period of seven weeks, we had the children on critical aspects of SGBV which include child rights, anger management, gender equality and this has been happening since 2018. Then we had 40 boys, but this year, they are over 6,000. Of course, a lot has been done in the education sector because we know our kids can be vulnerable to these abusers more than the older ones because or age. We have also held forums with the school teachers, parents, guardians, school principals. We know that these people have a responsibility but we as the government have a duty to train them, build their capacity so that they are able to respond apprioprately. We have been doing all these since 2016, but fast forward to 2021, we launched an online platform and this year, over 60,000 educators have taken that course which is free and certified. Also in the communities, we have dialogued the CDA’s because so many cases of sexual violence have gone unreported. We can not just sit at the state level and think we know what is happening in the Local government areas. So we have visited the structures at the council areas, traditional associations, landlord associations, we have and will continue to engage them so that they will know their roles in the fight against this menace. Situations whereby community leaders are settling sexual violence cases is a no no and criminal because it against the law. A situation where any of these people fails to make report of case of rape, defilement and other sexual assault occurrences is liable to imprisonment for three years. Truly, enlightment is superior to enforcement and we have been doing that over the years, initially we started with townhall meetings. Two years ago, we did townhall meetings with all 20 local government areas but the feedback we got is that that is not enough and we need to go into the wards and that is what prompted us into taking a closer look into the communities and now we have our watchdogs who report the unlawful act and this we would continue to do to make sure the society is off incidents of sexual assault of any kind. Also, last year, we launched the technology facilitated section of sexual and gender base violence prevention response police because we notice an increase of sexual assault being carried out through internet use, use it to perpetrate the offence in events of use of porn, request for nude photos or videos, sextortion, cyberbullying, cyber harasssment, to mention few, and we realized that we need to work on this. In case of someone using the technology to sexually abuse you, the government has to come in. But even our women have to be mindful of what we do. You are with your, maybe lover or spouse, you are sending your nudes because you feel the person is your lover, what happens when the relationship turns sour and the person in question uses the pictures or videos agaisnt you. So do you really need to send that picture? Do you really need to send that video? These are the things ware sensitizing about in our efforts to keep the state from these happenings
This is really a huge work rate……….. has there been cases of constraints encountered by the agency in carrying out these operations?
Viviour-Adeniyi: I would say institututional challenges but there are efforts to seeing that out. Funding also, as well as societal challenges in the area of report of cases of sexual assault. We have a case where a survivor speaks up, perhaps on social media, we have a divide of reactions our society has on it. Some people do bash those victims who speak up after being a victim and that stops others from reporting too and that could make this unlawful act go unpunished.
Lets go into sexual violence deeply now, what are the acts that constitute such offence and what are their sanctions?
Viviour-Adeniyi: Sexual violence is basically any sexual act that is against the consent of the recipient. This is a legal terminology for offences of rape, defilement, sexual assault by penetration or non penetration, offence of attempt, sexual harassment, as provided by the Section 137 of the Criminal Laws of Lagos State of 2015. Each of these offences have their punishments. Defilement, having sexual activity with someone u der the age of 18 is tantamount to life imprisonment. Rape, Section, 260, anyone found culpable of sexual engagement without the consent of the abused is also liable for imprisonment for life. Section 261, Special assault through penetration, anyone who assaults someone else with the opening of the abused genitals, where on a male or female, perhaps through the genitals, pen, fingers, also attracts. life imprisonment. Then we have sexual attempt where the abuser attempted the act but for some reason, fails to carry it out. We wont say because he did not do it, we say go and sin no more, no, its a 14-year prison sentence judgement. We also have sexual harassment, people go through this when someone touches someone else in an unappropriate place or maybe someone harasses you at a place of work because you did not give in to his or her advances and he or she begins to treat you badly, that is a three-year prison sentence. We also have other offences of female gender multilation, even though it is scarce in Lagos.
Can a case be too late for justice due to a late report?
Viviuor-Adeniyi: There is no more time-frame to make report. Though before the Criminal Law of Lagos State, 2011, which was amended 2013, it was a six-month grace, but the statutory law expunged the time frame limitation. Bur we still encourage survivors to make early report so that evidence can be gotten. If a survivor was raped, there is a sign of penetration in the vagina, a quick check in the female area called, Post-Exposure Prophylaxix, PEP, is to be carried out within 72 hours to see injuries which would aid investigation in then matter and also prevent a case of infection. Just Imagine an abused person coming after two weeks or even months. Though the investigation would still be embarked on but you imagine how that would not really aid the findings and that would also not put the abused in such risk.
We have seen cases where victims, especially the young children, are being put in fear; some even told by the abuser that they would be killed if they disclose their ordeal of sexual violence. The government wants them to make these reports, how is it protecting them from the threats?
Viviour-Adeniyi: First of all, we make sure the identity of the child is not disclosed, because the Child Right’s Law even says it that we have a duty to protect the identity of the children, talk more of the child in contact with the protection of the law. So secondly, there are instances where, maybe it happened at where the community is aware of it and they are threatening the child. At first, they won’t start with threat, normally they start with begging but when the victim’s family now says its not in their hands, its in the hands of the government; then the begging turns to threat. In such a situation, what we can do is that we remove that child from that environment, and we have done that in several occasions and we would continue to do that because it is in the law to provide alternative accommodation for high risk survivors. It is possible that the child says she lied in her first report because she is afraid of the threat being put on her by either the abuser of the abuser’s family. So we can remove the victim’s family from that environment so that while the case is going in court, they can move on with their life. A case of sexual violence should not be the end their life, its just a chapter. But in a case where the child is still in that environment, you can imagine the harsh conditions and the stigma, the blaming and the threats she would be subjected to. And also, when the case gets to court, in Lagos, we have specialised courts and when it gets to cases involving children where the facilities would be vacated because we don’t want a case where a child would be in the court and be seeing many people. The Directorate of Public Prosecutions, DPP, can apply for a sitting of a victim, the suspect, who is now the defendant and the counsels and the child is just looking at the judge and answering question that is being put to him or her. Another way we protect the children is that we are now leveraging on technology. It is not compulsory for the child to be physically present in court. The child can give evidence remotely, because we have seen cases that a child comes into the court and when they see the abuser, they freeze. How do you expect that survivor to give testimony of what happened. These are the ways we bring technology to effect justice for the children and protect them from threats. It is even possible that the child is in the courtroom, but you won’t know where excatly she is giving the evidence as far as there is solid sound system and there is nobody coaching the child on what to say. The court can hear the evidence from him or her. For the victims family, we have seen cases where they are relocated from Lagos. These are just different ways the state is making this happen.
We have heard of fake reports of sexual violence made by individuals where suspects have been on trial and even imprisoned, what is the government doing to put an end to that ?
Viviour-Adeniyi: We have had cases like that and it is a crime, providing false information, misleading government official, and I believe it attracts up to three years imprisonment. It is a de-service too the real survivors, and that is why, if a case is reported, it is not the next day we are going to court, it must be investigated, either through medical investigation, visit to the scene of the crime, listening to the words of the survivor, and also getting second susbstantial evidence to the report. How can you say this man defiled me and they go and find out that the man has an alibi that he was not in the place the day you claim you claim you have been sexually assaulted. That is the importance of investigation. Don’t forget, it is an allegation and it must be investigated and that is the role of the police. Once we get to know that for some reasons, someone used makes untrue report, maybe conniving with someone else, we are always of the opinion that such people should be prosecuted so that it serves as a deterrent to others who may want to throw that part.
What is the agency doing to help the survivors recover from the trauma and other challenges of sexual assault?
Viviour-Adeniyi: First of all, we try to show them that we are with them through the process. We have in line survival advocates, DPP officers that accompany them either to the courts and police stations. Don’t forget that accessing justice is alien to quite a number of people. Some people, before now, have not gone into the four walls of the court, or even a police station. Then, they have gone through a traumatic experience, typically, they should should receive sacrificial support. We have clinical pshycologist and phsichiatrist that we work with that provide free service of therapy for the victims and we do a minimum of six sessions at a time to ensure that we are with them. Thirdly, we have a trust fund for high risk survivors where they can apply for access grants for business, maybe they want to set up an enterprise or they are already in business but they want to scale up. We have a case of a woman that lost her left leg because the the abuser used a hammer to target her knee. We had to pay for an orthopedic for her. Also, we use education to assist this people. If a child needs to change school, perhaps, she schools in the area she was abused and the parent are not able to afford the fee, we pay for the school transition and other educational expences. These different interventions we have put in place to assist the survivors and their family in order to forge ahead after the ordeal. We also provide counsels in court for victims whose parents are not capable of getting one. We provide financial support for these people.
Do you have any additions to add to all that that has been said?
Viviour-Adeniyi: I think, for me, we have all have to see ourselves as mandated reporters and realize that sexual and violence charge concerns everybody. When we see it as a common enemy, we will call it out and when we call it out, it means that we don’t want to be associated with such and that is when I believe we would be able to make lasting changes. When we get to the point where we know that we all have a role to play, then we will start to see a decline of the unlawful act so that the people will know that there is no hiding place for them because they know that if they indulge in the crime, they would be named and shamed and would eventually know is it is prohibited act. And I want all the survivors to know that it is not their fault that it happened to them and we encourage them to speak out so that they can get critical services which they can get by just dialing 08000333333. We are literary a phone call away.
Any cautionary word for those thinking of indulging in the act?
Viviour-Adeniyi: If you do the crime, you would do he time. Lagos State has declared zero tolerance for the crime and there is no chance for begging. And if you are a parent, caregiver, you run an institution and you hear about sexual abuse and you conceal it, please know that it is criminal and it attracts up to three years imprisonment.